Chapter 595
2004 -- H
8219 SUBSTITUTE A as Amended
Enacted
7/30/04
A N A C T
RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2005
Introduced By: Representatives Watson, Callahan, Story, Long, and Scott
Date Introduced: March 02, 2004
It is enacted
by the General Assembly as follows:
ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2005
ARTICLE 2 RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES
ARTICLE 3 RELATING TO CIGARETTE TAX
ARTICLE 4 RELATING TO OIL SPILL RESPONSE FUND
ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM
ARTICLE 6 RELATING TO DEPOSITORS ECONOMIC PROTECTION CORPORATION – SINKING FUND
ARTICLE 7 RELATING TO TOBACCO DEALERS LICENSES
ARTICLE 8 RELATING TO GENERAL PUBLIC ASSISTANCE – HARDSHIP CONTINGENCY FUND
ARTICLE 9 RELATING TO HOSPITAL UNCOMPENSATED CARE
ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATION IN SUPPORT OF FY 2004
ARTICLE 11 RELATING TO MOTOR VEHICLE EXCISE TAX
ARTICLE 12 RELATING TO HUMAN RESOURCE INVESTMENT COUNCIL
ARTICLE 13 RELATING TO LABOR AND TRAINING FEES
ARTICLE 14 RELATING TO CHILD SUPPORT ENFORCEMENT
ARTICLE 15 RELATING TO LICENSING OF CHILD CARE PROVIDERS
ARTICLE 16 RELATING TO STATE AID
ARTICLE 17 RELATING TO OMNIBUS TAX
ARTICLE 18 RELATING TO MOTOR FUEL TAX
ARTICLE 19 RELATING TO DRUG COURT MAGISTRATE
ARTICLE 20 RELATING TO HUMAN SERVICES – STATE INCOME TAX REFUND INTERCEPT
ARTICLE 21 RELATING TO LICENSING OF HOSPITAL FACILITIES
ARTICLE 22 RELATING TO HEALTH INSURANCE – EARLY INTERVENTION SERVICES
ARTICLE 23 RELATING TO EDUCATION
ARTICLE 24 RELATING TO RESPONSIBILITY OF BUDGET OFFICER FOR BUDGET
ARTICLE 25 RELATING TO HUMAN SERVICES – FAMILY INDEPENDENCE PROGRAM
ARTICLE 26 RELATING TO COMMERCIAL LAW – GENERAL REGULATORY PROVISIONS – PURCHASE AND SALE OF PRECIOUS METALS
ARTICLE 27 RELATING TO HUMAN SERVICES – CHILD CARE STATE SUBSIDIES
ARTICLE 28 RELATING TO VIDEO LOTTERY TERMINALS
ARTICLE 29 RELATING TO NONRESIDENT SHAREHOLDER WITHHOLDING
ARTICLE 30 RELATING TO BUSINESS REGULATION FEES
ARTICLE 31 RELATING TO PUBLIC UTILITIES AND CARRIERS – TELECOMMUNICATION SURCHARGE
ARTICLE 32 RELATING TO FUGITIVE TASK FORCE
ARTICLE 33 RELATING TO ENVIRONMENTAL MANAGEMENT FEES
ARTICLE 34 RELATING TO BOARD OF GOVERNORS FOR HIGHER EDUCATION – POWERS AND DUTIES
ARTICLE 35 RELATING TO PUBLIC UTILITIES AND CARRIERS
ARTICLE 36 RELATING TO RESOURCE RECOVERY CORPORATION
ARTICLE 37 RELATING TO ADMINISTRATIVE PROCEDURES
ARTICLE 38 RELATING TO COMPENSATION OF BOARD MEMBERS
ARTICLE 39 RELATING TO ISSUANCE OF LICENSE UPON PAYMENT OF TAXES
ARTICLE 40 RELATING TO MILITARY AFFAIRS
ARTICLE 41 RELATING TO PHARMACEUTICAL ASSISTANCE
ARTICLE 42 RELATING TO EARLY INTERVENTION
ARTICLE 43 RELATING TO AUTHORIZATION UNDER PUBLIC CORPORATION DEBT MANAGEMENT ACT
ARTICLE 44 RELATING TO RELATING TO WATERS AND NAVIGATION – COASTAL AND ESTUARY HABITAT RESTORATION PROGRAM AND TRUST FUND
ARTICLE 45 RELATING TO COURT ADMINISTRATION
ARTICLE 46 RELATING TO HUMAN SERVICES – MEDICAL ASSISTANCE – NURSING FACILITY RATES
ARTICLE 47 RELATING TO HOSPITAL EFFICIENCY
ARTICLE 48 RELATING TO EFFECTIVE DATE
ARTICLE 1 SUBSTITUTE A AS AMENDED
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2005
SECTION 1. Subject to the
conditions, limitations and restrictions hereinafter contained in this act, the
following general revenue amounts are hereby appropriated out of any money in
the treasury not otherwise appropriated to be expended during the fiscal year
ending June 30, 2005. The amounts
identified for federal funds and restricted receipts shall be made available
pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island
General Laws. For the purposes and
functions hereinafter mentioned, the state controller is hereby authorized and
directed to draw his or her orders upon the general treasurer for the payment
of such sums or such portions thereof as may be required from time to time upon
receipt by him or her of properly authenticated vouchers.
Administration
Central Management
General Revenues 3,820,003
Federal Funds 280,705
Total - Central Management 4,100,708
Accounts and Control General Revenues 4,004,758
Budgeting General Revenues 2,349,275
Municipal Affairs
General Revenues 1,188,426
Federal Funds 9,966,039
Total - Municipal Affairs 11,154,465
Purchasing General Revenues 2,015,876
Auditing General Revenues 1,690,061
Human Resources General Revenues 6,882,631
Personnel Appeal Board General Revenues 117,622
Taxation
General Revenues 17,684,104
Federal Funds 1,027,275
Restricted Receipts 1,109,092
Other Funds
Motor Fuel Tax Evasion Program 56,487
Temporary Disability Insurance 756,775
Total - Taxation 20,633,733
Registry of Motor Vehicles
General Revenues 15,354,008
Federal Funds 28,826
Restricted Receipts 14,255
Total – Registry of Motor Vehicles 15,397,089
Child
Support Enforcement
General Revenues 3,309,006
Federal Funds 6,655,612
Total – Child Support Enforcement 9,964,618
Central Services
General Revenues
General Revenues 11,622,086
Energy Office Grants 662,515
Renewable Energy Program 400,000
Federal Funds 18,069,352
Restricted Receipts 776,577
Total - Central Services 31,530,530
Office
of Library and Information Services
General Revenues 4,453,301
Federal Funds 1,287,901
Restricted Receipts 5,000
Other Funds
Federal Highway - PL Systems Planning 997,220
Air Quality Modeling 17,459
Total - Office of Library and Information Services 6,760,881
General
General Revenues
Information Processing Overhead 680,000
Miscellaneous Grants 1,018,200
Shepard Building Operating/Parking 1,970,331
Rhode Island Sports Foundation 550,000
Asset Inventory 150,000
Torts – Courts 400,000
Property Tax Relief Credit 6,000,000
State Employees/Teachers Retiree Health Subsidy 5,644,039
Economic Development Corporation 6,820,287
Office of City & Town Development – EDC 375,000
EPScore – EDC 1,500,000
Centers of Excellence 3,000,000
Economic Policy Council 300,000
Housing Resources Commission 3,260,147
Neighborhood Opportunities Program 5,000,000
Motor Vehicle Excise Tax Payment 104,987,142
Property Revaluation 860,656
General Revenue Sharing Program 52,438,532
Payment in Lieu of Tax Exempt Properties 22,716,117
Distressed Communities Relief Program 8,533,333
Resource Sharing and State Library Aid 8,091,959
Library Construction Aid 2,621,329
Restricted Receipts 1,125,983
Other Funds
RICAP - State House Terrace/South Stairs 150,000
RICAP - Chapin Health Laboratory 150,000
RICAP - Cranston Street Armory 1,000,000
RICAP - Old State House 300,000
RICAP - Veterans’ Office Building 150,000
RICAP - Court Buildings – HVAC 100,000
RICAP - Washington County Government Center 215,000
RICAP - Williams Powers Building 210,000
RICAP - State House Renovations – Phase II 325,000
RICAP – State House Renovations – Phase III 245,000
RICAP – Powers Building Technology Infrastructure 200,000
RICAP - Environmental Compliance 500,000
RICAP - Fox Point Hurricane Barrier 50,000
RICAP – Pastore Center Sewer 1,250,000
RICAP – Fire Code Compliance State Buildings 250,000
Total - General 243,138,055
Debt
Service Payments
General Revenues Debt Service Payments 91,725,442
Federal Funds 1,286,406
Restricted Receipts 7,786,896
Other Funds
MHRH Community Services Program 5,412,502
MHRH Community Mental Health Program 2,087,498
DEM – Narragansett Bay Commission 373,493
DEM – Wastewater Treatment 4,731,069
DEM – Recreation 4,167,438
RIPTA - Debt Service 623,059
Transportation Debt Service 34,569,648
RIRBA - DLT – Temporary Disability Insurance 45,586
COPS - DLT Building – TDI 360,935
COPS - Center General – Furniture – TDI 19,046
COPS - Pastore Center Telecommunications – TDI 17,236
COPS – DLT Building – Reed Act 29,821
COPS – Center General – Furniture – Reed Act 5,642
COPS – Pastore Center Telecommunications – Reed Act 1,425
Debt - URI Education and General 1,088,999
Debt - URI Housing Loan Funds 1,751,951
Debt - URI Dining Services 266,889
Debt - URI Health Services 126,218
Debt - W. Alton Jones Services 112,766
Debt - URI Memorial Union 98,277
Debt - URI Sponsored Research (Indirect Cost) 101,334
Debt - RIC Education and General 296,614
Debt - RIC Housing 568,191
Debt - RIC Student Center and Dining 177,951
Debt - RIC Student Union 217,171
Debt - CCRI Bookstore 177,092
Total - Debt Service Payments 158,226,595
Sheriffs General Revenues 13,427,890
Grand Total - Administration 531,394,787
Business Regulation
Central Management General Revenues 1,686,137
Banking Regulation General Revenues 1,687,281
Securities Regulation General Revenues 806,336
Commercial Licensing and Regulation
General Revenues 1,206,764
Restricted Receipts 100,000
Total - Commercial Licensing and Regulation 1,306,764
Racing and Athletics General Revenues 546,145
Insurance
Regulation
General Revenues 3,985,206
Restricted Receipts 529,657
Total - Insurance Regulation 4,514,863
Board of Accountancy General Revenues 135,480
Grand Total - Business Regulation 10,683,006
Labor and Training
Central
Management
General Revenues 272,253
Restricted Receipts 446,311
Total - Central Management 718,564
Workforce
Development Services
Federal Funds 14,673,696
Restricted Receipts 12,960,602
Other Funds
Reed Act – Rapid Job Entry 1,650,413
Reed Act – Woonsocket netWORKri Office Renovations 150,000
Reed Act – Workforce Development 5,998,166
Of the $7.8 million appropriated from Reed Act funds, $1.7 million may be used solely for the Rapid Job Entry Program to engage welfare recipients in employment preparation and placement through employment assessment workshop and job club/job search workshop activities; $150,000 may be used solely for netWORKri office renovations; and $6.0 million may be used solely for the administration of this state’s unemployment compensation law and public employment offices.
Total - Workforce Development Services 35,432,877
Workforce Regulation and Safety General Revenues 3,398,566
Income Support
General Revenues 2,908,229
Federal Funds 14,061,495
Restricted Receipts 1,378,091
Other Funds
Temporary Disability Insurance Fund 168,309,848
Employment Security Fund 211,325,000
Total - Income Support 397,982,663
Injured Workers Services Restricted Receipts 11,232,483
Labor Relations Board General Revenues 342,154
Grand Total - Labor and Training 449,107,307
Legislature
General Revenues 27,576,547
Restricted Receipts 1,099,365
Other Funds 1,500,000
Grand Total - Legislature 30,175,912
Lieutenant Governor General Revenues 865,343
Secretary of State
Administration General Revenues 1,504,994
Corporations
General Revenues
General Revenues ` 1,499,570
UCC Automated System 42,000
Total - Corporations 1,541,570
State
Archives
General Revenues 97,132
Restricted Receipts 523,433
Total - State Archives 620,565
Elections
General Revenues 743,196
Federal Funds 2,635,250
Total - Elections 3,378,446
State Library General Revenues 727,344
Office of Civics and Public Information General Revenues 427,331
Grand Total - State 8,200,250
General Treasurer
Treasury
General Revenues 2,512,566
Federal Funds 260,709
Restricted Receipts 10,000
Other Funds Temporary Disability Insurance Fund 266,131
Total – Treasury 3,049,406
State Retirement System
Other Funds
Administrative Expenses - State Retirement System 6,758,560
Retirement - Treasury Investment Operations 686,228
Total - State Retirement System 7,444,788
Unclaimed Property Restricted Receipts 19,561,000
RI Refunding Bond Authority General Revenues 72,308
Crime Victim Compensation Program
General Revenues 2,453,083
Federal Funds 4,111,057
Restricted Receipts 2,800,639
Total - Crime Victim Compensation Program 9,364,779
Grand Total - General Treasurer 39,492,281
Boards for Design Professionals General Revenues 413,929
Board of Elections
General Revenues 1,608,350
Federal Funds 1,001,828
Grand Total - Board of Elections 2,610,178
Rhode Island Ethics Commission General Revenues 1,170,328
Office of Governor General Revenues 4,345,275
Public Utilities Commission
General Revenues 820,154
Federal Funds 73,038
Restricted Receipts 5,338,350
Grand Total - Public Utilities Commission 6,231,542
Rhode Island Commission on Women General Revenues 83,639
Children, Youth, and Families
Central Management
General Revenues 7,814,153
Federal Funds 3,779,826
Total - Central Management 11,593,979
Children's Behavioral Health Services
General Revenues 21,866,852
Federal Funds 24,102,655
Total - Children's Behavioral Health Services 45,969,507
Juvenile Correctional Services
General Revenues 28,553,943
Federal Funds 2,759,533
Restricted Receipts 6,500
Other Funds RICAP – NAFI Center 50,000
Total - Juvenile Correctional Services 31,369,976
Child Welfare
General Revenues 85,253,517
Federal Funds 64,612,054
Restricted Receipts 1,512,441
Total - Child Welfare 151,378,012
Higher Education Incentive Grants General Revenues 200,000
Grand Total - Children, Youth, and Families 240,511,474
Elderly Affairs
General Revenues
General Revenues 15,242,626
RIPAE 14,771,146
Safety and Care of the Elderly 600
Federal Funds 12,395,964
Other Funds Intermodal Surface Transportation Fund 4,780,000
Grand Total - Elderly Affairs 47,190,336
Health
Central Management
General Revenues 4,676,158
Federal Funds 5,209,806
Restricted Receipts 2,924,896
Total - Central Management 12,810,860
State Medical Examiner
General Revenues 1,826,750
Federal Funds 156,535
Total - State Medical Examiner 1,983,285
Family Health
General Revenues 2,831,389
Federal Funds 32,001,935
Restricted Receipts 5,723,009
Total - Family Health 40,556,333
Health Services Regulation
General Revenues 4,618,305
Federal Funds 5,003,371
Restricted Receipts 382,236
Total - Health Services Regulation 10,003,912
Environmental Health
General Revenues 4,429,906
Federal Funds 4,070,386
Restricted Receipts 1,439,121
Total - Environmental Health 9,939,413
Health Laboratories
General Revenues 6,008,168
Federal Funds 2,293,950
Total - Health Laboratories 8,302,118
Disease Prevention and Control
General Revenues 4,786,122
Smoking Cessation 835,002
Federal Funds 16,138,332
Restricted Receipts 1,048,821
Other Funds
Child Safety Program 78,979
Walkable Communities Initiative 20,000
Total - Disease Prevention and Control 22,907,256
Grand Total - Health 106,503,177
Human Services
Central Management
General Revenues 6,643,017
Federal Funds 4,320,771
Restricted Receipts 2,450,000
Total - Central Management 13,413,788
Individual and Family Support
General Revenues 21,297,116
Federal Funds 53,649,189
Restricted Receipts 78,661
Other Funds RICAP – Benjamin Rush Paving 187,000
Total - Individual and Family Support 75,211,966
Veterans' Affairs
General Revenues 16,783,678
Federal Funds 6,088,109
Restricted Receipts 1,125,300
Total - Veterans' Affairs 23,997,087
Health Care Quality, Financing and
Purchasing
General Revenues 28,155,875
Federal Funds 41,755,575
Restricted Receipts 521,000
Total - Health Care Quality, Financing & Purchasing 70,432,450
Medical Benefits
General Revenues
Hospitals 104,294,973
Nursing Facilities 136,613,825
Managed Care 174,409,991
Special Education 15,561,000
Other 103,983,202
Federal Funds
Hospitals 127,536,850
Nursing Facilities 170,643,461
Managed Care 215,106,833
Special Education 19,439,000
Other 130,135,035
Restricted Receipts Total 15,000
Total - Medical Benefits 1,197,739,170
Supplemental Security Income Program General
Revenues 27,299,682 Family Independence Program
General Revenues
Child Care 57,349,929
TANF/Family Independence Program 11,711,783
Federal Funds 83,136,653
Total - Family Independence Program 152,198,365
State Funded Programs
General Revenues
General Public Assistance 3,332,171
Citizenship Participation Program 50,000
Federal Funds 73,485,000
Total - State Funded Programs 76,867,171
Grand Total - Human Services 1,637,159,679
Mental Health, Retardation, and
Hospitals
Central Management General Revenues 2,244,163
Hospital and Community System Support
General Revenues 22,208,707
Other Funds
RICAP - Utilities Upgrade 500,000
RICAP - Medical Center Rehabilitation 400,000
RICAP – Utility Systems - Water Tanks and Pipes 200,000
RICAP – Central Power Plant Rehabilitation 100,000
RICAP – Community Facilities Fire Code 365,000
Total - Hospital and Community System Support 23,773,707
Services for the Developmentally
Disabled
General Revenues 102,063,777
Notwithstanding the provisions of section 35-3-15 of the Rhode Island General Laws, all unexpended and unencumbered balances as of June 30, 2005 relating to the Pirovano Trust in the Department of Mental Health, Retardation and Hospitals are hereby reappropriated to fiscal year 2006.
Federal Funds 126,971,267
Other Funds
RICAP – MR/DD Residential Development 1,500,000
RICAP - DD State Owned Group Homes 1,000,000
Total - Services for the Developmentally Disabled 231,535,044
Integrated Mental Health Services
General Revenues 39,474,057
Federal Funds 36,363,567
Total - Integrated Mental Health Services 75,837,624
Hospital and Community Rehabilitation
Services
General Revenues 45,746,423
Federal Funds 55,360,212
Other Funds RICAP - Zambarano Buildings and Utilities 200,000
Total - Hospital and Community Rehabilitation Services 101,306,635
Substance Abuse
General Revenues 14,566,654
Federal Funds 14,233,226
Restricted Receipts 75,000
Other Funds RICAP - Asset Protection 100,000
Total - Substance Abuse 28,974,880
Grand Total - Mental Health, Retardation, and Hospitals 463,672,053
Office of the Child Advocate
General Revenues 501,168
Federal Funds 54,172
Grand Total - Child Advocate 555,340
Commission on the Deaf and Hard of Hearing General Revenues 272,198
RI Developmental Disabilities Council Federal Funds 570,511
Governor's Commission on Disabilities
General Revenues 533,865
Federal Funds 180,208
Restricted Receipts 35,166
Other Funds
RICAP – Facility Renovation – Handicapped Accessibility 200,000
Grand Total - Governor's Commission on Disabilities 949,239
Commission for Human Rights
General Revenues 984,444
Federal Funds 239,300
Grand Total - Commission for Human Rights 1,223,744
Mental Health Advocate General Revenues 331,668
Elementary and Secondary Education
Administration of the Comprehensive
Education Strategy
General Revenues 15,311,591
Federal Funds 144,764,555
Restricted Receipts 997,339
Total – Administration of the Comprehensive
Education Strategy 161,073,485
Davies Career and Technical School
General Revenues 12,527,365
Federal Funds 1,149,839
Restricted Receipts 25,000
Total - Davies Career and Technical School 13,702,204
RI School for the Deaf
General Revenues 5,699,792
Federal Funds 789,972
Other Funds RICAP - School for the Deaf – Facility Repairs 110,408
Total - RI School for the Deaf 6,600,172
Metropolitan Career and Technical School General Revenues 7,261,970
Education Aid
General Revenues 624,404,475
Federal Funds 578,744
Restricted Receipt 1,968,000
Total – Education Aid 626,951,219
Central Falls School District General Revenues 35,991,685
Housing Aid General Revenues 43,855,701
Teachers’ Retirement General Revenues 52,583,171
Grand Total - Elementary and Secondary Education 948,019,607
Public Higher Education
Board of Governors/Office of Higher
Education
General Revenues 5,854,845
Federal Funds 3,351,931
Total – Board of Governors/Office of Higher Education 9,206,776
University of Rhode Island
General Revenues 81,600,378
Other Funds
University and College Funds 328,722,654
RICAP - Asset Protection 4,334,000
RICAP – Biological Sciences Center 200,000
Total – University of Rhode Island 414,857,032
Rhode Island College
General Revenues 43,633,200
Other Funds
University and College Funds 63,036,882
RICAP – Asset Protection 1,773,000
RICAP - Alger Hall 1,164,558
Total – Rhode Island College 109,607,640
Community College of Rhode Island
General Revenues 43,167,133
Restricted Receipts 44,685
Other Funds
University and College Funds 49,030,599
RICAP – Asset Protection 1,050,000
RICAP – CCRI Newport Campus 1,544,000
Total Community College of Rhode Island 94,836,417
Grand Total – Public Higher Education 628,507,865
RI State Council on the Arts
General Revenues
Operating Support 455,538
Grants 1,986,526
Federal Funds 720,500
Restricted Receipts 200,000
Grand Total - RI State Council on the Arts 3,362,564
RI Atomic Energy Commission
General Revenues 727,045
Federal Funds 325,000
Other Funds
RICAP – Paint Interior Reactor Building Walls 55,000
URI Sponsored Research 157,168
Grand Total - RI Atomic Energy Commission 1,264,213
RI Higher Education Assistance
Authority
General Revenues
Needs Based Grants and Work Opportunities 8,922,769
Authority Operations and Other Grants 1,032,820
Federal Funds 8,048,830
Other Funds Tuition Savings Program - Administration 5,413,273
Grand Total - Higher Education Assistance Authority 23,417,692
RI Historical Preservation and Heritage
Commission
General Revenues 1,192,997
Federal Funds 592,746
Restricted Receipts 206,800
Grand Total - RI Historical Pres. and Heritage Comm. 1,992,543
RI Public Telecommunications Authority
General Revenues 1,238,482
Other Funds
Corporation for Public Broadcasting 749,428
RICAP - Digital TV Conversion 2,800,000
Grand Total - Public Telecommunications Authority 4,787,910
Attorney General
Criminal
General Revenues 11,306,968
Federal Funds 1,334,461
Restricted Receipts 346,136
Total - Criminal 12,987,565
Civil
General Revenues 3,455,162
Federal Funds 76,437
Restricted Receipts 456,389
Total - Civil 3,987,988
Bureau of Criminal Identification
General Revenues 815,196
Federal Funds 165,050
Total - Bureau of Criminal Identification 980,246
General General Revenues 1,716,836
Other Funds – RICAP – Building Renovations & Repairs 397,500
Total – General 2,114,336
Grand Total - Attorney General 20,070,135
Corrections
Central Management General Revenues 9,933,312
Parole Board General Revenues 1,062,505
Institutional Custody
General Revenues 124,125,120
Federal Funds 7,958,153
Restricted Receipts 136,875
Other Funds
RICAP – Perimeter/Security Upgrades 100,000
RICAP – Fire Code Safety Improvements 500,000
RICAP - Security Camera Installation 576,728
RICAP – Reintegration Center State Match 253,247
RICAP - General Renovations – Women’s 1,000,000
RICAP - Women’s Bathroom Renovations 646,700
RICAP – Work Release Roof 415,000
RICAP – Heating and Temperature Control 342,000
RICAP – Medium HVAC Renovations 31,000
Total - Institutional Custody 136,084,823
Rehabilitative Services
General Revenues 12,329,213
Federal Funds 1,753,589
Total – Rehabilitative Services 14,082,802
Grand Total - Corrections 161,163,442
Judiciary
Supreme Court
General Revenues
General Revenues 22,657,579
Defense of Indigents 2,250,000
Federal Funds 849,029
Restricted Receipts 900,949
Other Funds
RICAP - Garrahy Judicial – Lighting/Ceiling 600,000
RICAP - Licht Judicial Complex – Roof 25,000
RICAP – McGrath Judicial Complex - Exterior 100,000
RICAP – Blackstone Valley Courthouse Study 300,000
Total - Supreme Court 27,682,557
Superior Court
General Revenues 17,613,081
Federal Funds 633,327
Total - Superior Court 18,246,408
Family Court
General Revenues 13,889,510
Federal Funds 2,666,077
Restricted Receipts 148,100
Total - Family Court 16,703,687
District Court
General Revenues 8,669,882
Federal Funds 5,000
Total – District Court 8,674,882
Traffic Tribunal General Revenues 6,586,787
Workers' Compensation Court Restricted Receipts 6,124,172
Grand Total - Judiciary 84,018,493
Military Staff
National Guard
General Revenues 1,631,741
Federal Funds 8,593,712
Other Funds
RICAP – Benefit Street Arsenal Rehabilitation 200,000
RICAP - Schofield Armory Rehabilitation 100,000
RICAP – US Property and Finance Office – HVAC 65,000
RICAP – Warwick Armory Boiler 25,000
RICAP – North Smithfield Armory 41,250
RICAP – AMC Roof Replacement 50,000
RICAP – Camp Fogarty Training Site 50,000
RICAP – State Armories Fire Code Comp. 12,500
RICAP – Federal Armories Fire Code Comp. 6,250
RICAP – Logistics/Maintenance Facilities Fire 6,250
Total - National Guard 10,781,703
Emergency
Management
General Revenues 544,157
Federal Funds 26,450,299
Restricted Receipts 188,157
Total - Emergency Management 27,182,613
Grand Total - Military Staff 37,964,316
E-911 Emergency Telephone System
General Revenues 3,821,407
Restricted Receipts 1,650,016
Grand Total - E-911 Emergency Telephone System 5,471,423
Fire Safety Code Board of Appeal and Review General Revenues 241,338
State Fire Marshal
General Revenues 1,977,834
Federal Funds 408,390
Other Funds DEA Forfeiture Funds 20,000
Grand Total - State Fire Marshal 2,406,224
Commission on Judicial Tenure and Discipline General Revenues 102,842
Rhode Island Justice Commission
General Revenues 248,367
Federal Funds 5,687,720
Restricted Receipts 90,000
Grand Total - Rhode Island Justice Commission 6,026,087
Municipal Police Training Academy
General Revenues 361,327
Federal Funds 143,000
Grand Total - Municipal Police Training Academy 504,327
State Police
General Revenues 43,012,525
Federal Funds 1,715,334
Restricted Receipts 298,089
Other Funds
RICAP – Barracks and Training Headquarters 161,000
RICAP – Headquarters Repair/Renovation 75,000
Traffic Enforcement - Municipal Training 119,425
Lottery Commission Assistance 119,079
Road Construction Reimbursement 1,587,311
Grand Total - State Police 47,087,763
Office of Public Defender
General Revenues 6,852,438
Federal Funds 419,167
Grand Total - Office of Public Defender 7,271,605
Environmental Management
Policy and Administration
General Revenues 8,314,846
Federal Funds 1,991,206
Restricted Receipts 2,867,879
Other Funds
DOT Recreational Projects 48,582
Blackstone Bikepath Design 1,248,582
RICAP - Dam Repair 1,100,000
Total - Policy and Administration 15,571,095
Natural Resources
General Revenues 15,417,355
Federal Funds 13,486,867
Restricted Receipts 3,655,748
Other Funds
RICAP – Recreational Facilities Improvement 900,000
RICAP – Fort Adams Rehabilitation 350,000
RICAP – Jamestown Fishing Pier 75,000
RICAP - Wickford Marine Facility 200,000
RICAP - Galilee Piers 550,000
RICAP - Newport Piers 200,000
Total - Natural Resources 34,834,970
Environmental Protection
General Revenues 9,012,828
Federal Funds 9,914,944
Restricted Receipts 4,505,251
Total - Environmental Protection 23,433,023
Grand Total - Environmental Management 73,839,088
Coastal Resources Management Council
General Revenues 1,460,351
Federal Funds 2,145,000
Restricted Receipts 250,000
OSPAR South County Restoration Project 0
Grand Total - Coastal Resources Management Council 3,855,351
State Water Resources Board
General Revenues 1,229,023
Federal Funds 500,000
Restricted Receipts 495,000
Other Funds
RICAP - Big River Management Area 92,075
RICAP – Supplemental Water Supplies Development 400,000
Grand Total - State Water Resources Board 2,716,098
Transportation
Central Management
Federal Funds 8,962,162
Other Funds Gasoline Tax 3,545,484
Total - Central Management 12,507,646
Management and Budget
Other Funds Gasoline Tax 1,945,792
Infrastructure – Engineering –
Garvee/Motor Fuel Tax Bonds
Federal Funds 198,459,292
Restricted Receipts 4,450,023
Other Funds
Gasoline Tax 49,630,584
RICAP – Pawtucket – Central Falls Train Station Study 100,000
Land Sale Revenue 4,000,000
State Infrastructure Bank 1,000,000
Total - Infrastructure – Engineering – Garvee/Motor
Fuel Tax Bonds 257,639,899
Infrastructure Maintenance
Other Funds
Gasoline Tax 39,532,934
Outdoor Advertising 60,565
Total - Infrastructure Maintenance 39,593,499
Grand Total - Transportation 311,686,836
Statewide Totals
General Revenues 2,939,776,732
Federal Funds 1,861,852,808
Restricted Receipts 114,139,493
Other Funds 1,043,721,925
Statewide Grand Total 5,959,490,958
SECTION 2. Each line appearing in Section 1 of this
Article shall constitute an appropriation.
SECTION 3. Upon the transfer of
any function of a department or agency to another department or agency, the
Governor is hereby authorized by means of executive order to transfer or
reallocate, in whole or in part, the appropriations and the full-time
equivalent limits affected thereby.
SECTION 4. From the appropriation for contingency shall
be paid such sums as may be required at the discretion of the Governor and the
Director of Administration to fund expenditures for which appropriations may
not exist. Such contingency funds may
also be used for expenditures in the several departments and agencies where
appropriations are insufficient, or where such requirements are due to
unforeseen conditions or are non-recurring items of an unusual nature. Said appropriations may also be used for the
payment of bills incurred due to emergencies or to any offense against public
peace and property, in accordance with the provisions of Titles 11 and 45 of
the General Laws of 1956, as amended.
All expenditures and transfers from this account shall be approved by
the Director of Administration and the Governor.
SECTION 5. The reimbursement of any state department or
agency for the cost of work or services performed for any other department or
agency is hereby authorized, subject to regulations promulgated by the Director
of Administration.
SECTION 6. The General Assembly may provide a written
"statement of legislative intent" signed by the chairperson of the
House Finance Committee and by the chairperson of the Senate Finance Committee
to show the intended purpose of the appropriations contained in Section 1 of
this Article. The statement of
legislative intent shall be kept on file in the House Finance Committee and in
the Senate Finance Committee.
At least twenty (20) days prior to
the issuance of a grant or the release of funds, which grant or funds are
listed on the legislative letter of intent, all department, agency and
corporation directors, shall notify in writing the chairperson of the House
Finance Committee and the chairperson of the Senate Finance Committee of the
approximate date when the funds are to be released or granted.
SECTION 7. Appropriation of Temporary
Disability Insurance Funds -- There is hereby appropriated pursuant to sections
28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be
disbursed for the benefit payments from the Temporary Disability Insurance Fund
and Temporary Disability Insurance Reserve Fund for the fiscal year ending June
30, 2005.
SECTION 8. Appropriation of
Employment Security Funds -- There is hereby appropriated pursuant to section
28-42-19 of the Rhode Island General Laws all funds required to be disbursed
for benefit payments from the Employment Security Fund for the fiscal year
ending June 30, 2005.
SECTION 9. Appropriations of
University and College Funds – There is hereby appropriated pursuant to section
16-59-9 of the Rhode Island General Laws relating to the appropriations of
funds by the General Assembly for Higher Education, and section 16-59-18 of the
General Laws relating to receipts from sources other than appropriations, any
funds received by the Board of Governors for Higher Education, the University
of Rhode Island, Rhode Island College, or the Community College of Rhode Island
for the fiscal year ending June 30, 2005 payable out of the University and
College Funds.
SECTION 10. Departments and
agencies listed below may not exceed the number of full-time equivalent (FTE)
positions shown below in any pay period.
Full-time equivalent positions do not include seasonal or intermittent
positions whose scheduled period of employment does not exceed twenty-six
consecutive weeks or whose scheduled hours do not exceed nine hundred and
twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals engaged in
training, the completion of which is a prerequisite of employment.
Provided, however, that the
Governor or designee, Speaker of the House of Representatives or designee, and
the President of the Senate or designee may authorize an adjustment to any
limitation. Prior to the authorization,
the State Budget Officer shall make a detailed written recommendation to the
Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation and
authorization to adjust shall be transmitted to the chairman of the House
Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
Senate Fiscal Advisor.
FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 1,269.2
Business Regulation 111.0
Labor and Training 536.7
Legislature 280.0
Lieutenant Governor 10.0
State 59.0
General Treasurer 87.5
Boards for Design Professionals 4.0
Board of Elections 15.0
Rhode Island Ethics Commission 12.0
Office of Governor 47.5
Public Utilities Commission 47.0
Rhode Island Commission on Women 1.0
Children, Youth, and Families 851.8
Elderly Affairs 52.0
Health 493.2
Human Services 1,071.3
Mental Health, Retardation, and Hospitals 1,999.7
Office of the Child Advocate 5.8
Commission on the Deaf and Hard of Hearing 3.0
RI Developmental Disabilities Council 2.0
Governor's Commission on Disabilities 6.6
Commission for Human Rights 15.0
Mental Health Advocate 3.7
Elementary and Secondary Education 333.1
Office of Higher Education 23.0
Provided that 1.0 of the total authorization would be available only for a position that is supported by third party funds.
University of Rhode Island 2,554.6
Provided that 602.0 of the total authorization would be available only for positions that are supported by third party funds.
Rhode Island College 934.2
Provided that 78.0 of the total authorization would be available only for positions that are supported by third party funds.
Community College of Rhode Island 825.9
Provided that 100.0 of the total authorization would be available only for positions that are supported by third party funds.
Rhode Island State Council on the Arts 7.0
RI Atomic Energy Commission 8.6
Higher Education Assistance Authority 46.0
Historical Preservation and Heritage Commission 17.6
Public Telecommunications Authority 22.0
Attorney General 230.5
Corrections 1,539.0
Judiciary 743.5
Military Staff 98.0
E-911 Emergency Telephone System 50.6
Fire Safety Code Bd. of Appeal and Review 3.0
RI State Fire Marshal 32.0
Commission on Judicial Tenure and Discipline 1.0
Rhode Island Justice Commission 9.0
Municipal Police Training Academy 4.0
State Police 281.0
Office of Public Defender 87.2
Environmental Management 538.7
Coastal Resources Management Council 29.0
State Water Resources Board 9.0
Transportation 815.7
Total 16,227.2
SECTION 11. The amounts reflected in this Article include the appropriation of Rhode Island Capital Plan funds for fiscal year 2005 and supersede appropriations provided for FY 2005 within Section 11 of Article 1 of Chapter 376 of the P.L. of 2003.
The following amounts are hereby appropriated out of any money in the State’s Rhode Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending June 30, 2006, June 30, 2007, June 30, 2008, and June 30, 2009. These amounts supersede appropriations provided within Section 11 of Article 1 of Chapter 376 of the P.L. of 2003. For the purposes and functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums and such portions thereof as may be required by him or her upon receipt of properly authenticated vouchers.
FiscalYearEnding Fiscal Year Ending Fiscal Year Ending FiscalYearEnding
Projec t June 30, 2006 June 30, 2007 June 30, 2008 June30, 2009
RICAP – Court Buildings
HVAC 600,000 775,000 800,000 -
RICAP – Legislative Office
Building 5,062,500 6,750,000 1,687,500 -
RICAP – Training School
New Facility 1,000,000 5,000,000 6,800,000 -
RICAP – URI Asset
Protection 5,200,000 3,800,000 3,800,000 3,800,000
RICAP – RIC Asset
Protection 1,650,000 1,650,000 1,650,000 1,650,000
RICAP – CCRI Asset
Protection 1,050,000 1,050,000 1,050,000 1,050,000
RICAP – Building Renovations
and Repairs 371,000 31,000 26,000 34,750
RICAP - Heating and Temperature
Control 827,000 207,000 - -
RICAP - Medium HVAC
Renovations 654,000 - - -
RICAP – Reintegration Center
State Match 350,000 - - -
RICAP – Women’s General
Renovations 1,400,000 1,200,000 -
RICAP - Work Release – Roof
Plumbing/HVAC Repairs 623,000 347,000 - -
RICAP – Garrahy Judicial
Lighting/Ceiling 900,000 - - -
RICAP – McGrath Judicial
Complex 125,000 - - -
RICAP – Judicial Complex
Restrooms 50,000 50,000 50,000 -
RICAP - AMC Roof
Replacement 250,000 700,000 800,000 900,000
RICAP – Dam Repair 2,750,000 1,475,000 750,000 750,000
SECTION
12. Reappropriation of Funding for
Rhode Island Capital Plan Fund Projects. - Any unexpended funds from Rhode
Island Capital Plan Fund project appropriations shall be reappropriated in the
ensuing fiscal year and made available for the same purpose.
SECTION 13. Notwithstanding any provisions of Chapter 19
in Title 23 of the Rhode Island General Laws, the Resource Recovery corporation
shall transfer to the State Controller the sum of four million three hundred thousand
dollars ($4,300,000) on June 30, 2005.
SECTION 14. This article shall take effect as of July 1,
2004.
ARTICLE 2 SUBSTITUTE A
Relating to Borrowing In anticipation of receipts from taxes
SECTION 1. The State of Rhode
Island is hereby authorized to borrow during its fiscal year ending June 30,
2005, in anticipation of receipts from taxes such sum or sums, at such time or
times and upon such terms and conditions not inconsistent with the provisions
and limitations of Section 17 of Article VI of the constitution of Rhode
Island, as the general treasurer, with the advise of the Governor, shall deem
for the best interests of the state, provided that the amounts so borrowed
shall not exceed two hundred and fifty million dollars ($250,000,000) dollars,
at any time outstanding. The state is hereby further authorized to give its
promissory note or notes signed by the general treasurer and counter-signed by
the secretary of state for the payment of any sum so borrowed. Any such proceeds shall be invested by the
general treasurer until such time as they are needed. The interest income
earned from such investments shall be used to pay the interest on the
promissory note or notes, and any expense of issuing the promissory note or
notes, with the balance remaining at the end of said fiscal year, if any, shall
be used toward the payment of long-term debt service of the state, unless
prohibited by federal law or regulation.
Notwithstanding any other
authority to the contrary, duly authorized bonds or notes of the state issued
during the fiscal year ending June 30, 2005 may be issued in the form of
commercial paper, so-called. In connection herewith, the state, acting through
the general treasurer, may enter into agreements with banks, trust companies or
other financial institutions within or outside the state, whether in the form
of letters or lines of credit, liquidity facilities, insurance or other support
arrangements. Any notes issued as commercial paper shall be in such amounts and
bear such terms as the general treasurer, with the advice of the governor,
shall determine, which may include provisions for prepayment at any time with
or without premium at the option of the state.
Such notes may be sold at a premium or discount, and may bear interest
or not and, if interest bearing, may bear interest at such rate or rates
variable from time to time as determined by the Federal Reserve Bank Composite
Index of Commercial Paper, or the Municipal Market Data General Market Index or
other similar commercial paper offerings, or other method specified in any
agreement with brokers for the placement or marketing of any such notes issued
as commercial paper, or other like agreements. Any such agreement may also
include such other covenants and provisions for protecting the rights, security
and remedies of the lenders as may, in the discretion of the general treasurer,
be reasonable, legal and proper. The
general treasurer may also enter into agreements with brokers for the placement
or marketing of any such notes of the state issued as commercial paper. Any
notes to the state issued as commercial paper in anticipation of receipts from
taxes in any fiscal year must also be issued in accordance with the provisions
of Section 17 of Article VI of the constitution of Rhode Island and within the
limitations set forth in Section 1 of this act.
SECTION 2. This article shall take effect upon passage.
ARTICLE 3 SUBSTITUTE A
RELATING TO CIGARETTE TAX
SECTION 1. Sections 44-20-12, 44-20-12.1, 44-20-13, and 44-20-22 of the
General Laws in Chapter 44-20 entitled “Cigarette Tax” are hereby amended to
read as follows:
44-20-12. Tax imposed on cigarettes sold. –
A tax is imposed on all cigarettes sold or held for sale in the state by any
person, the payment of the tax to be evidenced by stamps affixed to the
packages containing the cigarettes and as required by the administrator. Any
cigarettes on which the proper amount of tax provided for in this chapter has
been paid, payment being evidenced by the stamp, is not subject to a further
tax under this chapter. The tax is at the rate of eighty-five and one-half
(85.5) one hundred twenty-three (123) mills for each cigarette.
44-20-12.1. Floor stock tax on cigarettes and stamps. – (a) Whenever used in this section, unless the context requires:
(1) "Cigarette" means and includes any cigarette as defined in § 44-20-1(2);
(2) "Person" means and includes each individual, firm, fiduciary, partnership, corporation, trust, or association however formed.
(b) Each person engaging in the business of selling cigarettes at
retail in this state pays a tax or excise to the state for the privilege of
engaging in that business during any part of the calendar year 20034.
In calendar year 20034, the tax shall be measured by the number
of cigarettes held by the person in this state at 12:01 a.m. on July 1, 2004
and is computed at the rate of nineteen thirty-seven and
one-half (19.5 37.5) mills for each cigarette on July 1, 20034.
(c) Each distributor licensed to do business in this state
pursuant to this chapter shall pay a tax or excise to the state for the
privilege of engaging in business during any part of the calendar year 20034.
The tax is measured by the number of stamps, whether affixed or to be affixed
to packages of cigarettes, as required by § 44-20-28. In calendar year 20034,
the tax is measured by the number of stamps, as defined in subsection
44-20-1(10), whether affixed or to be affixed, held by the distributor at 12:01
a.m. on July 1, 20034 and is computed at the rate of nineteen
thirty-seven and one-half (19.5 37.5) mills per cigarette in the package to which
the stamps are affixed or to be affixed.
(d) Each person subject to the payment of the tax imposed by this
section shall, on or before July 16, 20034, file a return, under
oath or certified under the penalties of perjury, with the tax administrator on
forms furnished by him or her, showing the amount of cigarettes or stamps in
that person's possession in this state at 12:01 a.m. on July 1, 20034,
and the amount of tax due, and shall at the time of filing the return pay the
tax to the tax administrator. Failure to obtain forms shall not be an excuse
for the failure to make a return containing the information required by the tax
administrator.
(e) The tax administrator may prescribe rules and regulations, not inconsistent with law, with regard to the assessment and collection of the tax imposed by this section.
44-20-13. Tax imposed on unstamped
cigarettes. -- A tax is
imposed at the rate of eighty-five and one-half (85.5) one hundred
twenty-three (123) mills for each cigarette upon the storage or use within
this state of any cigarettes not stamped in accordance with the provisions of
this chapter in the possession of any person other than a licensed distributor
or dealer, or a carrier for transit from without this state to a licensed
distributor or dealer within this state.
SECTION 2. This article
shall take effect as of July 1, 2004.
ARTICLE 4 SUBSTITUTE A
Relating To oil spill response fund
SECTION 1. Section 46-12.7-5.1 of the General Laws in Chapter
46-12.7 entitled “Oil Spill Prevention, Administration and Response Fund” is
hereby amended to read as follows:
46-12.7-5.1. Purposes of the fund. – The director may use money from the fund to:
(1) Provide funds to cover promptly the costs of response, containment, and cleanup of oil spills into marine or estuarine waters, including but not limited to damage assessment costs, and wildlife rehabilitation as defined in this section.
(2) Provide funds to cover the costs of site evaluation activities. These activities shall include, but not be limited to, site mapping, installation of wells, collection, monitoring, and analysis of samples of air, soil, and/or water, and evaluation of the impacts of contamination on maritime and terrestrial shore line environments, production of the reports, and installation and the maintenance of necessary technology, and equipment for complete remedial action;
(3) Provide emergency loans and to cover response and cleanup costs and other damages suffered by the state or other persons or entities from oil spills or threatened oil spills;
(4) To pay for claims for damages, which cannot otherwise be compensated by responsible parties or the federal government, pursuant to § 46-12.7-8.1;
(5) Provide emergency loans to affected workers ineligible for unemployment insurance;
(6) Pay for structural improvements to vulnerable coastal features, including the Providence River Shipping Canal in order to reduce the risk of oil tanker collisions, grounding, and spills;
(7) Pay for the restoration of natural resources damaged by an oil spill, where necessary and appropriate;
(8) Pay for response training and equipment;
(9) Pay for large-scale personnel drills and exercises;
(10) Pay for research and development activities as outlined in § 46-12.7-13; and
(11) Pay the statutory amount to for the expenditures
related to the RI coastal and estuarine habitat restoration trust fund
pursuant to chapter 23.1 of this title, subject to appropriation.
SECTION 2. This article shall take effect as of July 1,
2003.
ARTICLE 5 SUBSTITUTE A AS AMENDED
RELATING TO CAPITAL DEVELOPMENT PROGRAM
SECTION 1. Proposition to be submitted to the people. -- At the general election to be held on the Tuesday next after the first Monday in November, 2004, there shall be submitted to the people for their approval or rejection the following proposition:
"Shall the action of the general assembly, by an act passed at the January 2004 session, authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the capital projects and in the amount with respect to each such project listed below be approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the provisions of said act?"
Project
Transportation $66,520,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $66,520,000 to match federal funds, provide direct funding for improvements to the state’s highways, roads and bridges; replace or repair transportation maintenance facilities, and purchase buses for the Rhode Island Public Transit Authority’s bus fleet.
(2) Regional Career and Technical Schools $15,000,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $15,000,000 to construct, renovate, and rehabilitate the state’s regional career and technical schools.
(3) Higher Education Residence Halls $50,000,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $50,000,000 to provide $20,000,000 to construct, renovate and rehabilitate residence halls at the University of Rhode Island and $30,000,000 to construct a new residence hall at Rhode Island College.
(4) Cranston Street Armory $12,300,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $12,300,000 to restore the historic Cranston Street Armory facility for use as an archives and records center and make space available for either office or educational use.
(5) Emergency Water Interconnect $10,000,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $10,000,000 to provide $5,000,000 for matching grants to local water suppliers to develop interconnections between and among water systems to be used in the event of an emergency and $5,000,000 to complete the Shad Factory pipeline to preserve Rhode Island water rights to two Massachusetts reservoirs.
(6) Open space, recreation, bay and watershed protection $68,000,000 $70,000,000
Approval of this question will authorize the State of Rhode Island
to issue general obligation bonds, refunding bonds, and temporary notes in an
amount not to exceed $68,000,000 $70,000,000 to provide $17,000,000
$19,000,000 for anti-pollution projects and restoration activities
benefiting Narragansett Bay and state watersheds, $43,000,000 for open space, farmland preservation, and
recreational development, and $8,000,000 for acquisition of land for ground
water protection and supply.
(7) Pell Library – Undersea Exploration Center $14,000,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $14,000,000 to renovate, rehabilitate and construct an addition to the Pell Marine Science Library at the University of Rhode Island’s Graduate School of Oceanography, Narragansett Bay Campus.
(8) Athletic Performance Center/Meade Stadium $6,700,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $6,700,000 to construct an Athletic Performance Center at the University of Rhode Island and renovate existing facilities at Meade Stadium and Keaney Gymnasium at the University of Rhode Island.
(9) Historic Preservation and Heritage $3,000,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $3,000,000 to fund capital preservation for renovation projects for public and nonprofit historic sites, museums and cultural art centers located in historic structures in the State of Rhode Island.
(10) Rehabilitation of state owned facilities $46,500,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $46,500,000 to begin to purchase, build or modify state facilities for state agency use to reduce the state’s reliance on leased space.
(11) University of Rhode Island Center for Biotechnology
and Life Sciences $50,000,000
Approval of this question will allow the State of Rhode Island
to issue general obligation bonds, refunding bonds, and temporary notes in an
amount not to exceed $50,000,000 for the construction of the University of
Rhode Island Center for Biotechnology and Life Sciences.
(12) Quonset Point/Davisville $48,000,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $48,000,000 for road and utility infrastructure, building demolition, site preparation, and pier rehabilitation at the Quonset Point/Davisville Industrial Park.
SECTION 2. Ballot labels and applicability of general election laws. -- The secretary of state shall prepare and deliver to the state board of elections ballot labels for each of the projects provided for in section 1 hereof with the designations "approve" or "reject" provided next to the description of each such project to enable voters to approve or reject each such proposition. The general election laws, so far as consistent herewith, shall apply to this proposition.
SECTION 3. Approval of projects by people. -- If a majority of the people voting on the proposition provided for in section 1 hereof shall vote to approve the proposition as to any project provided for in section 1 hereof, said project shall be deemed to be approved by the people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be limited to the aggregate amount for all such projects as set forth in the proposition provided for in section 1 hereof which has been approved by the people.
SECTION 4. Bonds for capital development program. -- The general treasurer is hereby authorized and empowered with the approval of the governor and in accordance with the provisions of this act, to issue from time to time capital development bonds in serial form in the name and on behalf of the state in amounts as may be specified from time to time by the governor in an aggregate principal amount not to exceed the total amount for all projects approved by the people and designated as "capital development loan of 2004 bonds" provided, however, that the aggregate principal amount of such capital development bonds and of any temporary notes outstanding at any one time issued in anticipation thereof pursuant to section 7 hereof shall not exceed the total amount for all such projects as have been approved by the people. All provisions in this act relating to "bonds" shall also be deemed to apply to "refunding bonds".
Capital development bonds issued under this act shall be in denominations of one thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the United States which at the time of payment shall be legal tender for public and private debts. These capital development bonds shall bear such date or dates, mature at specified time or times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in which they are issued, bear interest payable semi-annually at a specified rate or different or varying rates, be payable at designated time or times at specified place or places, be subject to expressed terms of redemption or recall, with or without premium, be in a form, with or without interest coupons attached, carry such registration, conversion, reconversion, transfer, debt retirement, acceleration and other provisions as may be fixed by the general treasurer, with the approval of the governor, upon each issue of such capital development bonds at the time of each issue. Whenever the governor shall approve the issuance of such capital development bonds, he or she shall certify approval to the secretary of state; the bonds shall be signed by the general treasurer and countersigned by the manual or facsimile signature of the secretary of state and shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be endorsed on each bond so approved with a facsimile of his or her signature.
SECTION 5. Refunding bonds for 2004 capital development program. -- The general treasurer is hereby authorized and empowered, with the approval of the governor and in accordance with the provisions of this act, to issue from time to time bonds to refund the 2004 capital development program bonds in the name and on behalf of the state, in amounts as may be specified from time to time by the governor in an aggregate principal amount not to exceed the total amount approved by the people, to be designated as "capital development program loan of 2004 refunding bonds" (hereinafter "refunding bonds").
The general treasurer with the approval of the governor shall fix the terms and form of any refunding bonds issued under this act in the same manner as the capital development bonds issued under this act, except that the refunding bonds may not mature more than twenty (20) years from the date of original issue of the capital development bonds being refunded.
The proceeds of the refunding bonds, exclusive of any premium and accrual interest, shall, upon their receipt, be paid by the general treasurer immediately to the paying agent for the capital development bonds which are to be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they are applied to prepay the capital development bonds. While such proceeds are held in trust, they may be invested for the benefit of the state in obligations of the United States of America or the State of Rhode Island.
If the general treasurer shall deposit with the paying agent for the capital development bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all principal, interest, and premium, if any, on the capital development bonds until these bonds are called for prepayment, then such capital development bonds shall not be considered debts of the State of Rhode Island for any purpose from the date of deposit of such moneys with the paying agent. The refunding bonds shall continue to be a debt of the state until paid.
The term "bond" shall include "note", and the term "refunding bonds" shall include "refunding notes" when used in this act.
SECTION 6. Proceeds of capital development program. -- The general treasurer is directed to deposit the proceeds from the sale of capital development bonds issued under this act, exclusive of premiums and accrued interest, in one or more of the depositories in which the funds of the state may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such capital development bond fund") appropriately designated for each of the projects set forth in section 1 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved.
All monies in the capital development bond fund shall be expended for the purposes specified in the proposition provided for in section 1 hereof under the direction and supervision of the director of administration (hereinafter referred to as "director"). The director or his or her designee shall be vested with all power and authority necessary or incidental to the purposes of this act, including but not limited to, the following authority: (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any projects set forth in section 1 hereof; (c) to direct payment for the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any projects set forth in section 1 hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary for 2004 capital development program bonds or notes hereunder from the proceeds thereof. No funds shall be expended in excess of the amount of the capital development bond fund designated for each project authorized in section 1 hereof. With respect to the bonds and temporary notes described in section 1, the proceeds shall be utilized for the following purposes:
Question 1 relating to bonds in the amount of $66,520,000 for transportation purposes shall be allocated as follows::
(a) Highway improvement program $60,000,000
Provide funds for the Department of Transportation to match federal funds or to provide direct funding for improvements to the state’s highway, roads and bridges.
(b) Facilities equipment replacement $5,020,000
(c) Bus replacement $1,500,000
Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for rehabilitation of existing buses in the bus fleet.
Question 2 relating to bonds and notes totaling $15,000,000 shall be allocated to the construction, renovation, and rehabilitation of the state’s regional career and technical schools.
Question 3 relating to bonds in the amount of $50,000,000 shall be allocated to provide $20,000,000 to construct, renovate and rehabilitate residence halls at the University of Rhode Island and $30,000,000 to construct a new residence hall at Rhode Island College.
Subject to any pledge of housing revenues derived by the Board of Governors for Higher Education from residence halls at Rhode Island College, the college shall, to the extent of any available funds, reimburse the state for debt service paid by the state on the bonds issued pursuant to this act.
Question 4 relating to bonds in the amount of $12,300,000 shall be allocated to restore the historic Cranston Street Armory facility for use as an a archives and records center and make space available for either office or educational use, provided that the bonds may not be issued until the Governor has submitted detailed expenditure plans and cost estimates to the General Assembly, and provided further that the General Assembly has reviewed the plans and cost estimates and passed a joint resolution approving the issuance.
Question 5 relating to
bonds in the amount of $10,000,000 shall be allocated as follows:
(a) Emergency water
interconnect $5,000,000
Provide funds for the
Water Resources Board to fund matching grants to local water suppliers to
develop interconnections between and among water systems to be used in the
event of an emergency.
(b) Shad Factory Pipeline $5,000,000
Provide funds for the
Water Resources Board to make necessary repairs to the Shad Factory Pipeline to
ensure continuation of the state’s rights to water from two reservoirs located
in Massachusetts.
Question 6 relating to
bonds in the amount of $68,000,000 $70,000,000 shall be allocated
as follows:
(a) Narragansett Bay and
Watershed Restoration $17,000,000
$19,000,000
Provide $8.5 million for
activities to restore and protect the water quality, and enhance the economic
viability and environmental sustainability of Narragansett Bay and the state’s
watersheds. Eligible activities shall include, but not be limited to: nonpoint
pollution source abatement, including stormwater management; nutrient loading
abatement; commercial, industrial and agricultural pollution abatement; and,
riparian buffer and watershed ecosystem restoration. Provide $8.5 $10.5
million funding for the Rhode Island Clean Water Finance Agency which will be
leveraged to provide loans to municipalities and governmental entities for the
design, construction, repair, equipping
and upgrading of wastewater treatment facilities to implement nutrient
reduction projects impacting Narragansett Bay and the State’s Watersheds.
(b) Open Space and
Recreational Development $43,000,000
Provide funds for open space
land acquisition farmland preservation, and recreational development to be
allocated as follows: $25,000,000 would be used by the Department of
Environmental Management to purchase or otherwise permanently protect through
the purchase of fee title, development rights, conservation easements and
public recreation easements, greenways and other open space, recreation lands,
agriculture lands, forested lands and state parks. An amount not to exceed
$10,000,000 of these funds shall be available to municipalities local
land trusts, conservation commissions, and other environmental nonprofit
organizations to provide grants on
a matching basis for open space preservation consistent with the
state guide plan and local comprehensive plan.
$18,000,000 would be used
for the design, development, expansion and renovation of new or existing public
recreations facilities and parks. $8,000,000 of these funds shall be available
for the development or renovation of state public recreational facilities
including $3,000,000 for restoration of Fort Adams.
The remaining $10,000,000
includes $4,000,000 for Roger Williams Park and Zoo., $4,000,000
for other municipalities to provide grants on a matching basis for other
municipal parks, and $2,000,000 for municipalities to provide grants on a
matching basis for recreation development grants.
(c) Groundwater Protection/Land Acquisition $8,000,000
Provide funds for use by the Rhode Island Water Resources Board for acquisition of land through the purchase of fee title, development rights, and conservation easements for groundwater protection and protection of public drinking water supplies.
Question 7 relating to bonds and notes totaling $14,000,000 shall be allocated to the construction and renovation of the University of Rhode Island Pell Library and Oceanographic Information Center.
Question 8 relating to bonds and notes totaling $6,700,000 shall be allocated to the construction of the Athletic Performance Center and the renovation of facilities at Meade Stadium and Keaney Gymnasium at the University of Rhode Island.
Question 9 relating to bonds in the amount of $3,000,000 shall be allocated to the Historical Preservation and Heritage Commission to fund capital preservation for renovation projects for public and nonprofit historic sites, museums and cultural art centers located in historic structures in the State of Rhode Island.
Question 10 relating to bonds in the amount of $46,500,000 shall be allocated to provide funds to begin to purchase, build or modify state facilities for state agency use to reduce the state’s reliance on leased space and for the State Information Operations Center to meet the state’s growing technology needs, provided that the bonds may not be issued until the Governor has submitted detailed expenditure plans and cost estimates to the General Assembly, and provided further that the General Assembly has reviewed the plans and cost estimates and passed a joint resolution approving the issuance of all or a portion of the bonds.
Question 11 relating to bonds and notes totaling $50,000,000
shall be allocated to the construction of the University of Rhode Island Center
for Biotechnology and Life Sciences.
Question 12 relating to bonds and notes totaling $48,000,000 shall be allocated to road and utility infrastructure, building demolition, site preparation, and pier rehabilitation at the Quonset Point/Davisville Industrial Park.
SECTION 7.
Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Board of
Governors for Higher Education" is hereby amended to read as follows:
16-59-9. Educational budget and
appropriations. -- (a) The general assembly shall annually
appropriate any sums it deems necessary for support and maintenance of higher
education in the state and the state controller is authorized and directed to
draw his or her orders upon the general treasurer for the payment of the
appropriations or so much of the sums that are necessary for the purposes
appropriated, upon the receipt by him or her of proper vouchers as the board of
governors for higher education may by rule provide. The board shall receive,
and review, and adjust the budget of its several
subordinate committees and agencies and for the office of higher education.
and present the budget as part of the budget for higher education, and the
board may reallocate the budget of any board or agency or the office of higher
education upon the request of the board or agency or upon its own initiative.
(b) The office of higher education and the institutions of public higher education shall establish working capital accounts.
(c) Any tuition or fee increase schedules in effect for the institutions of public higher education shall be received by the board of governors for allocation for the fiscal year for which state appropriations are made to the board of governors by the general assembly; provided that no further increases may be made by the board of governors for the year for which appropriations are made. Except that these provisions shall not apply to the revenues of housing, dining, and other auxiliary facilities at the University of Rhode Island, Rhode Island College, and the Community Colleges including student fees as described in P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 as amended.
(d) All housing, dining, and other auxiliary facilities at all public institutions of higher learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay operating expenses, including principal and interest on debt services, and overhead expenses for the facilities. Any debt service costs on general obligation bonds presented to the voters in November 2000 and November 2004 or appropriated funds from the Rhode Island capital plan for the housing auxiliaries at the University of Rhode Island and Rhode Island College shall not be subject to this self-supporting requirement in order to provide funds for the building construction and rehabilitation program. The institutions of public higher education will establish policies and procedures which enhance the opportunity for auxiliary facilities to be self-supporting, including that all faculty provide timely and accurate copies of booklist for required textbooks to the public higher educational institution's bookstore.
(e) The additional costs to achieve self-supporting status shall be by the implementation of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, operating expenses, principal, and interest on debt services, and overhead expenses.
SECTION 8. Sale of bonds and notes. -- Any bonds or notes issued under the authority of this act shall be sold from time to time at not less than the principal amount thereof, in such mode and on such terms and conditions as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.
Any premiums and accrued interest that may be received on the sale of the capital development bonds or notes shall become part of the general fund of the state and shall be applied to the payment of debt service charges of the state.
In the event that the amount received from the sale of the capital development bonds or notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may be used to the extent possible to retire the bonds as the same may become due, to redeem them in accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.
Any bonds or notes issued under the provisions of this act and coupons on any capital development bonds, if properly executed by the manual or facsimile signatures of officers of the state in office on the date of execution shall be valid and binding according to their tenor, notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall for any reason have ceased to hold office.
SECTION 9. Bonds and notes to be tax exempt and general obligations of the state. -- All bonds and notes issued under the authority of this act shall be exempt from taxation in the state and shall be general obligations of the state, and the full faith and credit of the state is hereby pledged for the due payment of the principal and interest on each of such bonds and notes as the same shall become due.
SECTION 10. Investment of moneys in fund. -- All moneys in the capital development fund not immediately required for payment pursuant to the provisions of this act may be invested by the investment commission, as established by Chapter 35-10, pursuant to the provisions of such chapter; provided, however, that the securities in which the capital development fund is invested shall remain a part of the capital development fund until exchanged for other securities; and provided further, that the income from investments of the capital development fund shall become a part of the general fund of the state and shall be applied to the payment of debt service charges of the state, or to the extent necessary, to rebate to the United States treasury any income from investments (including gains from the disposition of investments) of proceeds of bonds or notes to the extent deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from federal income taxation.
SECTION 11. Appropriation. -- To the extent the debt service on these bonds is not otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise appropriated.
SECTION 12. Advances from general fund. -- The general treasurer is authorized from time to time with the approval of the director and the governor, in anticipation of the issue of notes or bonds under the authority of this act, to advance to the capital development bond fund for the purposes specified in section 6 hereof, any funds of the state not specifically held for any particular purpose; provided, however, that all advances made to the capital development bond fund shall be returned to the general fund from the capital development bond fund forthwith upon the receipt by the capital development fund of proceeds resulting from the issue of notes or bonds to the extent of such advances.
SECTION 13. Federal assistance and private funds. -- In carrying out this act, the director, or his or her designee, is authorized on behalf of the state, with the approval of the governor, to apply for and accept any federal assistance which may become available for the purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of any federal legislation therefor, to enter into, act and carry out contracts in connection therewith, to act as agent for the federal government in connection therewith, or to designate a subordinate so to act. Where federal assistance is made available, the project shall be carried out in accordance with applicable federal law, the rules and regulations thereunder and the contract or contracts providing for federal assistance, notwithstanding any contrary provisions of state law. Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited in the capital development bond fund and expended as a part thereof. The director or his or her designee may also utilize any private funds that may be made available for the purposes of this act.
SECTION 14. Extension of previous authorizations. -- The general assembly, pursuant to the provisions of section 35-8-25 of the general laws, hereby extends to the termination dates contained herein, the authority to issue the following general obligation bond authorizations in the amounts stated. The original authorizations enacted by public law and approved by the people, that remain unissued as of February 1, 2004, are as follows:
Unissued
Amount to be
Purpose Statutory Reference Extended Termination Date
Open Space Ch. 425-P.L. of 1987 $168,254 June 30, 2005
Pawtuxet River –
NBC Reallocation Ch. 434-P.L. of 1990 $995,000 June 30, 2005
Elementary & Secondary
Education Ch. 136-P.L. of 1994 $965,000 June 30, 2005
The general assembly hereby extends for an additional year the authorization granted to the Rhode Island Industrial Recreational Building Authority provided by Chapter 91 of the Public Laws of 1958, and Chapter 537, Section 3, of the Public Laws of 1987.
SECTION 15. Effective
Date. Sections 1, 2, 3, 14,
and 15 of this article shall take effect upon passage. The remaining sections
of this article shall take effect when and if the state board of elections
shall certify to the secretary of state that a majority of the qualified
electors voting on the propositions contained in section 1 hereof have
indicated their approval of all or any projects thereunder.
ARTICLE 6 SUBSTITUTE A
Relating To Depositors Economic Protection Corporation -- Sinking
Fund
SECTION 1. Section 35-8-11 of the General Laws in Chapter 35-8 entitled "Bonded Indebtedness of State" is hereby amended to read as follows:
35-8-11. Payments into sinking funds.
-- In fiscal year 2000, and each subsequent fiscal year, there shall be appropriated
a sum at least equal to the total of the following: the sinking fund
commission's estimate of savings generated for that fiscal year from the
commission's prior fiscal years' refinancing of debt; the sinking fund
commission's estimate of the total debt service payments, principal and
interest, of the debt retired by the commission in prior fiscal year; the
sinking fund commission's estimate of the total debt service payments,
principal and interest, of the general obligation debt not issued in accordance
with section 35-8-6.2 in the prior fiscal year; and the total interest
generated by the proceeds of general obligation bond, net of the arbitrage
rebate for that year, as estimated by the Revenue Estimating Conference.
Payments into the sinking fund shall also include those received pursuant to
section 42-116-25, net of costs incurred by the department or agency assuming
management of the assets of the Depositors' Economic Protection Corporation,
which shall not be subject to annual appropriation.
In fiscal years 2001, 2002, 2003, and 2004 there shall be
appropriated a sum at least equal to the total of the following: the sinking
fund commission's estimate of savings generated for that fiscal year from the
commission's prior fiscal years' refinancing of debt; the sinking fund
commission's estimate of the total debt service payments, principal and
interest, of the debt retired by the commission in prior fiscal year; and the
sinking fund commission's estimate of the total debt service payments, principal
and interest, of the general obligation debt not issued in accordance with
section 35-8-6.2 in the prior fiscal year. Beginning with fiscal year 2005, the sinking fund shall receive
such sums as may be appropriated by the General Assembly.
SECTION 2. Section 42-116-25.1 of the General Laws in
Chapter 42-116 entitled "Rhode Island Depositors Economic Protection
Corporation" is hereby amended to read as follows:
42-116-25.1. Defeasance of corporation bonds. -- Upon final defeasance termination
of all the corporation bonds, fifty million one hundred
thousand dollars ($50,100,000) of corporation proceeds from all sources when
made available by the corporation all funds from assets formerly held by
the corporation shall be paid to the general fund on a quarterly basis
upon receipt. All additional corporate proceeds shall be paid to the
sinking fund on a quarterly basis.
SECTION 3. Article 5, Section 8, entitled "Sale of Bonds" and Section 10, entitled "Investment of Moneys in Fund" of Chapter 55 of the Public Laws of 2000, as amended, are hereby further amended to read as follows:
Section 8. Sale of Bonds. For the fiscal years FY 2001, FY 2002, FY
2003 and FY 2004, any Any premium and accrued interest which may be
received on the sale of the capital development bonds shall become part of the
general fund of the state and shall be applied to the payment of debt service
charges of the state.
Section 10. Investment of
moneys in fund. For the fiscal years FY 2001, FY 2002, FY 2003 and FY
2004, all All moneys in the capital development funds not
immediately required for payment pursuant to the provisions of this article may
be invested by the investment commission, as established by Chapter 35-10,
pursuant to the provisions of such chapter; provided, however, that the
securities in which the capital development fund is invested shall remain a
part of the capital development fund until exchanged for other securities; and
provided further, that the income from investments of the capital development
fund shall become a part of the general fund of the state and shall be applied
to the payment of debt service charges of the state, or to the extent
necessary, to rebate to the United States treasury any income from investments
(including gains from the disposition of investments) of proceeds of bonds to
the extent deemed necessary to exempt (in whole or in part) the interest paid
on such bonds from federal income taxation.
SECTION 4. This article shall take effect as of July 1, 2004
ARTICLE 7 SUBSTITUTE A
Relating To Tobacco Dealers Licenses
SECTION 1. Section 44-20-5 of the General Laws in
Chapter 44-20 entitled “Cigarette Tax” is hereby amended to read as follows:
44-20-5. Duration of
dealers’ licenses- Renewal. – (a) Any license issued by
the tax administrator authorizing a dealer to sell cigarettes in this state
shall from the date of the issuance of the license be and remain in full
force and effect until or expire at midnight on June 30 next succeeding
the date of issuance unless (1) suspended or revoked by the tax administrator,
(2) the business with respect to which the license was issued changes
ownership, or (3) the dealer ceases to transact the business for which the
license was issued, in any of which cases the license shall expire and
terminate and the holder shall immediately return the license to the tax
administrator.
(b) Every holder of a dealer’s license shall annually, on or
before February 1 of each year, renew its license by filing an application for
renewal along with a twenty-five dollar ($25.00) renewal fee. The renewal license is valid for the period
July 1 of that calendar year through June 30 of the subsequent calendar year.
SECTION 2. This article
shall take effect as of July 1, 2004.
ARTICLE 8 SUBSTITUTE A
RELATING TO GENERAL PUBLIC ASSISTANCE -- HARDSHIP CONTINGENCY FUND
SECTION 1. Hardship Contingency Fund FY 2004 Revised -
Out of the general revenue sum appropriated to the department of human services
in Article 10 for general public assistance, the sum of six hundred twenty-four
thousand three hundred dollars ($624,300) may be used as a hardship contingency
fund for the purposes and subject to the limitations hereinafter provided; said
revised funding level being twenty-eight thousand three hundred dollars
($28,300) greater than the FY 2004 enacted amount. The state controller is
hereby authorized and directed to draw his or her order upon the general
treasurer for the payment of such sums or such portions thereof as may be
required from time to time upon receipt by him or her of duly authenticated
vouchers, said revised. From the
aforesaid appropriation for hardship contingency, the director of the
department of human services, in his or her sole discretion, may authorize
payments of cash assistance benefits up to two hundred dollars ($200) per month
upon a showing of hardship by an individual who is eligible for general public
assistance medical benefits under section 40-6-3.1; provided, however, that
individuals who are determined eligible for medical assistance (“Medicaid”)
under Title XIX of the Social Security Act, 42 U.S.C. Section 1396 et
seq., or who are determined eligible to receive an interim cash
assistance payment for the disabled pursuant to section 40-6-28, shall not be eligible for assistance under
this section. The director shall not be
required to promulgate any new, additional or separate rules or regulations in
connection with his or her disbursement of the contingency fund created
hereby.”
SECTION 2. Hardship Contingency Fund - FY 2005 - Out of the general revenue sum appropriated to the department of human services in Article 1 for general public assistance, the sum of six hundred nineteen thousand six hundred fifteen dollars ($619,615) may be used as a hardship contingency fund for the purposes and subject to the limitations hereinafter provided. The state controller is hereby authorized and directed to draw his or her order upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers. From the aforesaid appropriation for hardship contingency, the director of the department of human services, in his or her sole discretion, may authorize payments of cash assistance benefits up to two hundred dollars ($200) per month upon a showing of hardship by an individual who is eligible for general public assistance medical benefits under section 40-6-3.1; provided, however, that individuals who are determined eligible for medical assistance (“Medicaid”) under Title XIX of the Social Security Act, 42 U.S.C. Section 1396 et seq., or who are determined eligible to receive an interim cash assistance payment for the disabled pursuant to section 40-6-28, shall not be eligible for assistance under this section. The director shall not be required to promulgate any new, additional or separate rules or regulations in connection with his or her disbursement of the contingency fund created hereby.
SECTION 3. Section 1 of
this article shall take effect as of July 1, 2003 and section 2 of this article
shall take effect as of July 1, 2004.
ARTICLE 9 SUBSTITUTE A AS AMENDED
RELATING TO HOSPITAL UNCOMPENSATED CARE
SECTION
1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws
in Chapter 40-8.3 entitled "Uncompensated Care" are hereby amended to
read as follows:
40-8.3-2. Definitions. -- As used in this chapter:
(1) "Base year"
means for the purpose of calculating a disproportionate share payment for any
fiscal year ending after September 30, 2003 2004, the period from
October 1, 2000 2002 through September 30, 2001 2003.
(2) "Medical assistance inpatient utilization rate for a hospital" means a fraction (expressed as a percentage) the numerator of which is the hospital's number of inpatient days during the base year attributable to patients who were eligible for medical assistance during the base year and the denominator of which is the total number of the hospital's inpatient days in the base year.
(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that: (i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year, (ii) achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the base year, and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23 during the payment year.
(4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost incurred by such hospital during the base year for inpatient or outpatient services attributable to charity care (free care and bad debts) for which the patient has no health insurance or other third-party coverage less payments, if any, received directly from such patients and (ii) the cost incurred by such hospital during the base year for inpatient or out-patient services attributable to medicaid beneficiaries less any medicaid reimbursement received therefor; multiplied by the uncompensated care index.
(5) "Uncompensated
care index" means the annual percentage increase for hospitals established
pursuant to section 27-19-14 for each year after the base year, up to and
including the payment year, provided, however, that the uncompensated care
index for the payment year ending September 30, 2002 shall be deemed to be
five and one-tenth percent (5.1%), and that the uncompensated care index for
the payment year ending September 30, 2003 shall be deemed to be five and
ninety hundredths percent (5.90%), and that the uncompensated care index for
the payment year ending September 30, 2004 shall be deemed to be five and
twenty-five hundredths percent (5.25%) ,and that the uncompensated care
index for the payment year ending September 30, 2005 shall be deemed to be five
and twenty-five hundredths percent (5.25%).
40-8.3-3. Implementation. -- (a)
For the fiscal year commencing on October 1, 2003 and ending September 30,
2004, each participating hospital shall be paid by the department of human
services on or before October 30, 2003, a disproportionate share payment equal
to the lesser of: (1) the hospital's uncompensated care costs adjusted by the
uncompensated care index; or (2) a percentage equal to six percent (6.00%) of
the dollar amount of the difference between: (i) all chargeable services in the
hospital's base year and (ii) the sum of charity care charges, bad debt
expenses, and contractual allowances in the hospital's base year; provided,
however, that the disproportionate share payments are expressly conditioned
upon approval on or before October 30, 2003 by the Secretary of the U.S.
Department of Health and Human Services, or his or her authorized
representative, of all Medicaid state plan amendments necessary to secure for
the state the benefit of federal financial participation in federal fiscal year
2004 for the disproportionate share payments.
(a) For the fiscal year commencing on October 1, 2004 and
ending September 30, 2005, the department of human services shall submit to the
Secretary of the U.S. Department of Health and Human Services a state plan
amendment to the Rhode Island Medicaid state plan for disproportionate share
hospital payments (DSH Plan) to provide: (1) disproportionate share hospital
payments to all participating hospitals not to exceed an aggregate limit of
$82.3 million, to be allocated by the department to the Pool A, Pool C and Pool
D components of the DSH Plan; (2) that the Pool D allotment shall be
distributed among the participating hospitals in direct proportion to the
individual participating hospitals uncompensated care costs for the base year
inflated by the uncompensated care index to the total uncompensated care costs
for the base year inflated by uncompensated care index for all participating
hospitals. The disproportionate share
payments shall be made on or before December 14, 2004 and are expressly
conditioned upon approval on or before December 8, 2004 by the Secretary of the
U.S. Department of Health and Human Services, or his or her authorized
representative, of all Medicaid state plan amendments necessary to secure for
the state the benefit of federal financial participation in federal fiscal year
2005 for the disproportionate share payments.
(b) No provision is
made pursuant to this chapter for disproportionate share hospital payments to
participating hospitals for uncompensated care costs that are related to
graduate medical education programs.
SECTION
2. Chapter 40-8.3 of the General Laws entitled "Uncompensated Care" is hereby
amended by adding thereto the following section:
40-8.3-4. Reports and Audits.
– (a) As a
condition of receipt of a payment under this chapter with respect, each
participating hospital shall submit to the department such data, reports and/or
independent certified audits as may be required by the department to timely
comply with the requirements of Section 1923 of the federal Social Security Act
[42 U.S.C. 1396r-4], as amended, and any implementing regulations or directives
duly promulgated by the Secretary of the U.S. Department of Health and Human
Services.
SECTION 3. This article shall take
effect upon passage.
ARTICLE 10 SUBSTITUTE A AS AMENDED
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2004
SECTION 1. Subject to the conditions, limitations and
restrictions hereinafter contained in this act, the following general revenue
amounts are hereby appropriated out of
any money in the treasury not otherwise appropriated to be expended during the
fiscal year ending June 30, 2004. The
amounts identified for federal funds and restricted receipts shall be made
available pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode
Island General Laws. For the purposes
and functions hereinafter mentioned, the state controller is hereby authorized
and directed to draw his or her orders upon the general treasurer for the
payment of such sums or such portions thereof as may be required from time to
time upon receipt by him or her of properly authenticated vouchers.
FY
2004 FY 2004 FY 2004
Enacted Change Final
Administration
Central Management
General Revenues 2,131,791 242,583 2,374,374
Federal Funds 298,986 (10,872) 288,114
Total - Central Management 2,430,777 231,711 2,662,488
Accounts and Control
General Revenues
General Revenues 9,272,646 (5,270,211) 4,002,435
RI-SAIL 430,751 12,968 443,719
Total - Accounts and Control 9,703,397 (5,257,243) 4,446,154
Budgeting General Revenues 2,304,799 57,148 2,361,947
Municipal Affairs
General Revenues 1,253,325 (13,014) 1,240,311
Federal Funds 7,572,738 239,851 7,812,589
Total - Municipal Affairs 8,826,063 226,837 9,052,900
Purchasing General Revenues 1,916,327 110,030 2,026,357
Auditing General Revenues 1,677,216 (13,821) 1,663,395
Human
Resources
Other
Funds Bridge/Project State 0 10,446 10,446
General Revenues 6,804,969 274,191 7,079,160
Federal Funds 0 104,463 104,463
Total - Human Resources 6,804,969 389,100 7,194,069
Personnel Appeal Board General Revenues 116,182 2,137 118,319
Taxation
Other Funds
Motor Fuel Tax Evasion
Program 56,488 0 56,488
Temporary Disability Insurance 572,322 102,201 674,523
General Revenues 17,233,778 245,036 17,478,814
Federal Funds 801,461 189,450 990,911
Restricted Receipts 1,360,843 (155,343) 1,205,500
Total – Taxation 20,024,892 381,344 20,406,236
Registry of Motor Vehicles
General Revenues
General Revenues 15,248,702 414,320 15,663,022
Digital License System 292,355 125,138 417,493
OLIS Support 0 115,000 115,000
Federal Funds 434,530 787,994 1,222,524
Restricted Receipts Total 14,358 0 14,358
Total – Registry of Motor Vehicles 15,989,945 1,442,452 17,432,397
Child Support Enforcement
General Revenues 3,294,395 (31,075) 3,263,320
Federal Funds 6,533,864 28,325 6,562,189
Total - Child Support Enforcement 9,828,259 (2,750) 9,825,509
Central Services
General Revenues
General Revenues 14,291,837 2,000,935 16,292,772
Energy Office Grants 356,407 (1,052) 355,355
Federal Funds 19,886,658 (2,035,225) 17,851,433
Restricted Receipts 1,067,887 (170,021) 897,866
Other Funds Lighting Conservation 661,278 (661,278) 0
Total - Central Services 36,264,067 (866,641) 35,397,426
Office
of Library and Information Services
General Revenues 3,430,001 (47,324) 3,382,677
Federal Funds 1,361,156 (104,601) 1,256,555
Restricted Receipts 5,000 0 5,000
Other Funds
Federal Highway –
PL Systems Planning 981,700 (7,455) 974,245
Federal Highway –
T2 Systems Planning 129,550 (126,000) 3,550
Air Quality Modeling 20,283 (5,283) 15,000
Total - Office of Library
and Information Services 5,927,690 (290,663) 5,637,027
General
General Revenues
Information Processing Overhead 480,000 0 480,000
Property Tax Relief Credit 6,000,000 0 6,000,000
Rhode Island Sports Foundation 367,500 32,500 400,000
Shepard Building Operating/Parking 1,970,331 0 1,970,331
Miscellaneous Grants 2,147,154 (37,750) 2,109,404
Torts – Court Awards 400,000 0 400,000
Asset Inventory Project 150,000 0 150,000
Contingency Fund 1,500,000 518,053 2,018,053
Notwithstanding the provisions of section 35-3-15 of the Rhode Island General Laws, all unexpended and unencumbered balances of the appropriation for the contingency fund in the Department of Administration as of June 30, 2004 shall be reappropriated to fiscal year 2005.
Race and Police Community
Relations Commission 0 62,847 62,847
State Employees/Teachers
Retiree Health 0 4,962,263 4,962,263
Masonic Temple 0 500,000 500,000
Economic Development Corporation 6,485,687 (100,000) 6,385,687
Office of City & Town
Development – EDC 500,000 0 500,000
Centers for Excellence 4,000,000 0 4,000,000
Economic Policy Council 300,000 0 300,000
Housing Resource Commission 3,257,789 (3,193) 3,254,596
Neighborhood Opportunities Program 5,000,000 0 5,000,000
Motor Vehicle Excise Tax Payments 104,337,885 649,257 104,987,142
Property Revaluation 2,228,320 375,460 2,603,780
General Revenue Sharing Program 51,426,063 12,469 51,438,532
Payment in Lieu of Tax
Exempt Properties 21,716,117 0 21,716,117
Distressed Communities
Relief Program 7,533,333 0 7,533,333
Resource Sharing and State
Library Aid 7,586,860 0 7,586,860
Construction Aid 2,537,200 (380,348) 2,156,852
Federal Funds 298,050 0 298,050
Restricted Receipts 1,196,000 (68,700) 1,127,300
Other Funds
RICAP - State House
Skylights and Roof 0 74,300 74,300
RICAP - State House
Terrace/South Stairs 50,000 688,967 738,967
RICAP - Chapin Health
Laboratory 250,000 (16,339) 233,661
RICAP - Cranston Street
Armory 500,000 (109,368) 390,632
RICAP - Cannon Building 222,000 (46,343) 175,657
RICAP – Old State House 325,000 (225,000) 100,000
RICAP - State Office Building 250,000 162,169 412,169
RICAP – Veterans’ Auditorium
Office Building 200,000 235,677 435,677
RICAP – State Information
Operations Center 200,000 (150,000) 50,000
RICAP – Old Colony House 0 147,690 147,690
RICAP - Court Buildings –
HVAC 250,000 0 250,000
RICAP - Washington County
Government Center 268,000 (117,933) 150,067
RICAP – William Powers
Building 45,000 0 45,000
RICAP - State House
Renovations – Phase II 400,000 (46,919) 353,081
RICAP – State House
Renovations – Phase III 230,000 (180,000) 50,000
RICAP – State House Security 0 69,401 69,401
RICAP – Powers Building
Technology Infrastructure 300,000 (250,000) 50,000
RICAP – Board of Elections
Building 0 47,555 47,555
RICAP – Environmental
Compliance 750,000 (48,233) 701,767
RICAP - Fox Point
Hurricane Barrier 50,000 0 50,000
RICAP – Bio-Tech Training
Laboratory 300,000 0 300,000
RICAP – Pastore Center Sewer 0 500,000 500,000
Total – General 236,008,289 7,258,482 243,266,771
Debt Service Payments
General Revenues 84,998,150 (20,863,741) 64,134,409
Federal Funds 1,276,256 21,573 1,297,829
Restricted Receipts
RIRBA – DLT –
Job Development Fund 45,709 0 45,709
RIRBA – DLT –
Rapid Reemployment 48,105 0 48,105
COPS – Center
General Furniture – WC 38,218 4,266 42,484
COPS – DLT Building – WC 223,888 (7,793) 216,095
COPS – DLT Building –
Job Development Fund 66,560 (7,678) 58,882
COPS – Pastore Center
Telecommunications - JDF 3,350 (392) 2,958
COPS – Pastore Center
General Furniture 11,362 242 11,604
COPS – Pastore Center
Telecommunications - WC 11,270 (424) 10,846
COPS – Center General Furn.
– Rapid Reemployment 0 6,294 6,294
COPS – DLT Building
– Rapid Reemployment 0 31,742 31,742
COPS – Pastore Center Com.
– Rapid Reemployment 0 1,595 1,595
Investment Receipts – TANS 1,420,594 437,952 1,858,546
Convention Center Excess
DS Rental Payment 3,623,549 1,406,551 5,030,100
Other Funds
MHRH Community
Services Program 10,067,200 (5,000,000) 5,067,200
MHRH Community
Mental Health Program 2,273,266 0 2,273,266
DEM – Narragansett Bay
Commission 3,333,356 0 3,333,356
DEM – Wastewater Treatment 1,930,951 2,619,826 4,550,777
DEM Debt Service –
Recreation 0 7,683,836 7,683,836
DEM – Clean Water Finance
Agency 0 2,405,922 2,405,922
Water Resources Board 0 1,117,454 1,117,454
RIC – GO Debt Service 0 473,462 473,462
URI – GO Debt Service 0 4,255,021 4,255,021
CCRI – GO Debt Service 0 1,141,479 1,141,479
RIPTA Debt Service 431,190 (43,221) 387,969
Transportation Debt Service 31,784,914 (817,000) 30,967,914
RIRBA - DLT –
Temporary Disability Insurance 45,586 0 45,586
COPS - DLT Building – TDI 346,100 14,892 360,992
COPS – Center General –
Furniture – TDI 59,079 (39,051) 20,028
COPS – Pastore Center
Telecommunications – TDI 17,421 705 18,126
COPS – DLT Building –
Reed Act 31,296 (1,470) 29,826
COPS – Center General –
Furniture – Reed Act 5,342 591 5,933
COPS – Pastore Center
Telecomm. – Reed Act 1,575 (77) 1,498
Debt - URI Education and
General 1,088,999 0 1,088,999
Debt - URI Housing Loan
Funds 1,751,951 0 1,751,951
Debt - URI Dining Services 266,889 0 266,889
Debt - URI Health Services 126,218 0 126,218
Debt - W. Alton Jones Services 112,766 0 112,766
Debt - URI Memorial Union 98,277 0 98,277
Debt - URI Sponsored
Research (Indirect Cost) 101,334 0 101,334
Debt - RIC Education and
General 296,614 0 296,614
Debt - RIC Housing 568,191 0 568,191
Debt - RIC Student Center
and Dining 177,951 0 177,951
Debt - RIC Student Union 217,171 0 217,171
Debt - CCRI Bookstore 177,092 0 177,092
Total - Debt Service Payments 147,077,740 (5,157,444) 141,920,296
Division of Sheriffs General Revenues 14,016,893 (515,045) 13,501,848
Grand Total -Dept. of Administration 518,917,505 (2,004,366) 516,913,139
Business Regulation
Central Management General Revenues 1,645,971 34,397 1,680,368
Banking Regulation General Revenues 1,627,501 31,116 1,658,617
Securities Regulation General Revenues 799,456 (11,869) 787,587
Commercial Licensing and Regulation
General Revenues 1,167,196 3,525 1,170,721
Restricted Receipts 100,000 0 100,000
Total - Commercial
Licensing 1,267,196 3,525 1,270,721
Racing and Athletics General Revenues 718,056 (89,940) 628,116
Insurance Regulation
General Revenues 3,598,012 23,111 3,621,123
Restricted Receipts 501,063 100,657 601,720
Total - Insurance Regulation 4,099,075 123,768 4,222,843
Board of Accountancy General Revenues 124,713 3,947 128,660 Grand Total - Business
Regulation 10,281,968 94,944 10,376,912
Department of Labor and Training
Central Management
General Revenues 352,820 (125,343) 227,477
Restricted Receipts 753,585 (356,901) 396,684
Total - Central Management 1,106,405 (482,244) 624,161
Workforce Development Services
General Revenues 1,400,000 0 1,400,000
Federal Funds 14,883,220 4,021,064 18,904,284
Restricted Receipts 11,617,450 (2,189,198) 9,428,252
Other Funds
Reed Act – Rapid Job Entry 1,725,758 (95,569) 1,630,189
Reed Act – Woonsocket Network
Office Renovations 250,000 0 250,000
Reed Act – Workforce
Development 2,016,254 (29,637) 1,986,617
Of the $360.6 $410.2 million appropriated from other
funds, $3.9 million is hereby appropriated from Reed Act Funds. Of the $3.9 million amount, $1.6 million may
be used solely for the Rapid Job Entry Program to engage welfare recipients in
employment preparation and placement through employment Assessment Workshop and
Job Club/Job Search Workshop Activities, $250,000 may be used solely for
netWORKri Office renovations, and $2.0 million may be used solely for the
administration of this state’s employment compensation law and public
employment offices.
Total - Workforce
Development Services 31,892,682 1,706,660 33,599,342
Workforce Regulation and Safety
General Revenues 2,872,587 (648,688) 2,223,899
Income Support
General Revenues 2,899,417 82,634 2,982,051
Federal Funds 16,931,269 355,177 17,286,446
Restricted Receipts 1,947,928 405,959 2,353,887
Other Funds
Temporary Disability Insurance Fund 177,671,368 (15,153,652) 162,517,716
Employment Security Fund 178,800,000 64,960,000 243,760,000
Reed Act – Administration Costs 54,179 0 54,179
Provided that the $54,719 in Reed Act funds may be used solely for administration of the state’s unemployment insurance program.
Total - Income Support 378,304,161 50,650,118 428,954,279
Injured Workers Services Restricted Receipts 10,784,725 698,387 11,483,112
Labor Relations Board General Revenues 390,989 15,710 406,699
Grand Total –
Labor and Training 425,351,549 51,939,943 477,291,492
Legislature
General Revenues 27,326,547 1,411,671 28,738,218
Restricted Receipts 884,303 400,000 1,284,303
Other Funds 1,500,000 (1,500,000) 0
Grand Total – Legislature 29,710,850 311,671 30,022,521
Lieutenant Governor General Revenues 860,138 (20,786) 839,352
State
Administration General Revenues 1,180,127 211,185 1,391,312
Corporations
General Revenues
General Revenues 1,785,231 (318,040) 1,467,191
UCC Automated System 0 100,000 100,000
Total – Corporations 1,785,231 (218,040) 1,567,191
State
Archives
General Revenues 97,823 (3,398) 94,425
Restricted Receipts 553,511 (66,500) 487,011
Total - State Archives 651,334 (69,898) 581,436
Elections
General Revenues 363,039 37,919 400,958
Federal Funds 8,260,870 (5,755,350) 2,505,520
Total – Elections 8,623,909 (5,717,431) 2,906,478
State Library General Revenues 680,008 28,931 708,939
Office of Public Information General Revenues 519,461 (97,693) 421,768
Grand Total – State 13,440,070 (5,862,946) 7,577,124
General Treasurer
Treasury
General Revenues 2,550,213 (41,722) 2,508,491
Federal Funds 237,678 9,020 246,698
Restricted Receipts 10,000 0 10,000
Other Funds -Temporary Disability
Insurance Fund 246,428 8,129 254,557
Total – Treasury 3,044,319 (24,573) 3,019,746
State Retirement System
Other Funds
Admin Expenses –
State Retirement System 4,900,120 293,270 5,193,390
Retirement –
Treasury Investment Operations 631,877 32,349 664,226
Total - State Retirement System 5,531,997 325,619 5,857,616
Unclaimed Property Restricted Receipts 19,117,523 (1,626,212) 17,491,311
RI Refunding Bond Authority
General Revenues 79,996 (194) 79,802
Crime Victim Compensation Program
General Revenues 215,080 813,662 1,028,742
Federal Funds 1,288,052 3,007,250 4,295,302
Restricted Receipts 1,602,187 98,019 1,700,206
Total - Crime Victim
Compensation Program 3,105,319 3,918,931 7,024,250
Grand Total – General Treasurer 30,879,154 2,593,571 33,472,725
Boards for Design Professionals
General Revenues 391,338 13,725 405,063
Board
of Elections
General Revenues 1,365,467 36,591 1,402,058
Federal Funds 941,000 218,750 1,159,750
Grand Total - Board of Elections 2,306,467 255,341 2,561,808
Rhode Island Ethics Commission
General Revenues 942,594 (2,274) 940,320
Office of Governor General Revenues 4,277,878 147,400 4,425,278
Public Utilities Commission
General Revenues 693,237 (9,391) 683,846
Federal Funds 70,277 (940) 69,337
Restricted Receipts 5,123,672 (284) 5,123,388
Grand Total –
Public Utilities Commission 5,887,186 (10,615) 5,876,571
Rhode Island Commission on Women
General Revenues 143,393 (75,606) 67,787
Children, Youth, and Families
Central Management
General Revenues 7,688,399 88,752 7,777,151
Federal Funds 4,421,705 (503,832) 3,917,873
Total - Central Management 12,110,104 (415,080) 11,695,024
Children's
Behavioral Health Services
General Revenues 19,349,256 2,221,722 21,570,978
Federal Funds 24,713,707 2,221,351 26,935,058
Other Funds RICAP – Spurwink/RI 0 32,591 32,591
Total - Children's
Behavioral Health Services 44,062,963 4,475,664 48,538,627
Juvenile
Correctional Services
General Revenues 26,659,023 715,744 27,374,767
Federal Funds 3,054,386 (148,005) 2,906,381
Restricted Receipts 700,000 168,547 868,547
Other Funds – NAFI Center 0 13,000 13,000
Total - Juvenile Correctional Services 30,413,409 749,286 31,162,695
Child
Welfare
Other Funds – NAFI Center 25,000 (25,000) 0
General Revenues 82,413,103 1,124,850 83,537,953
Federal Funds 64,043,814 4,546,331 68,590,145
Restricted Receipts 1,311,220 87,266 1,398,486
Total - Child Welfare 147,793,137 5,733,447 153,526,584
Higher
Education Incentive Grants
General Revenues 200,000 0 200,000
Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled “State Budget,” all unexpended, encumbered and unencumbered general revenues balances of the appropriation for the higher education opportunity incentive grants in the Department of Children, Youth and Families at the end of fiscal year 2004 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former applications.
Grand Total –
Children, Youth, and Families 234,579,613 10,543,317 245,122,930
Elderly
Affairs
General Revenues
General Revenues 13,604,788 193,467 13,798,255
RIPAE 14,089,607 1,123,496 15,213,103
Safety and Care of the Elderly 600 0 600
Federal Funds 9,884,630 5,207,531 15,092,161
Other Funds
RAPP Foundation Funds 0 10,000 10,000
Intermodal Surface
Transportation Fund 4,720,000 0 4,720,000
Grand Total - Elderly Affairs 42,299,625 6,534,494 48,834,119
Health
Central
Management
General Revenues 2,646,349 (455,430) 2,190,919
Federal Funds 4,365,589 1,453,826 5,819,415
Restricted Receipts 2,045,538 859,045 2,904,583
Other Funds -Trauma Registry 1,091 (1,091) 0
Total - Central Management 9,058,567 1,856,350 10,914,917
State
Medical Examiner
General Revenues 1,810,305 (13,009) 1,797,296
Federal Funds 0 121,609 121,609
Total - State Medical Examiner 1,810,305 108,600 1,918,905
Family
Health
General Revenues 8,636,010 741,178 9,377,188
Federal Funds 36,651,070 693,442 37,344,512
Restricted Receipts 5,728,390 (16,824) 5,711,566
Total - Family Health 51,015,470 1,417,796 52,433,266
Health
Services Regulation
General Revenues 4,487,878 18,712 4,506,590
Federal Funds 3,547,076 1,644,946 5,192,022
Restricted Receipts 447,268 (62,572) 384,696
Total - Health Services Regulation 8,482,222 1,601,086 10,083,308
Environmental
Health
General Revenues 4,384,145 (46,199) 4,337,946
Federal Funds 3,189,667 2,474,110 5,663,777
Restricted Receipts 1,475,101 (16,824) 1,458,277
Total - Environmental Health 9,048,913 2,411,087 11,460,000
Health
Laboratories
General Revenues 6,179,326 (57,953) 6,121,373
Federal Funds 1,620,239 690,666 2,310,905
Total - Health Laboratories 7,799,565 632,713 8,432,278
Disease
Prevention and Control
General Revenues 5,948,337 (12,441) 5,935,896
Federal Funds 14,847,566 3,860,903 18,708,469
Restricted Receipts 934,482 114,126 1,048,608
Other Funds
Child Safety Program 72,335 13,751 86,086
Walkable Communities Initiative 0 20,000 20,000
Total –
Disease Prevention and Control 21,802,720 3,996,339 25,799,059
Grand Total – Health 109,017,762 12,023,971 121,041,733
Human Services
Central
Management
General Revenues 6,473,722 (234,295) 6,239,427
Provided that of the $6.2 million, all unexpended and unencumbered balances of the $50,000 provided for the nursing home dental pilot program in the Department of Human Services as of June 30, 2004, are hereby reappropriated to fiscal year 2005 for the purpose for which it was originally intended.
Federal Funds 4,371,706 (54,758) 4,316,948
Restricted Receipts – Indirect
Cost Recovery 2,287,939 90,900 2,378,839
Total - Central Management 13,133,367 (198,153) 12,935,214
Individual
and Family Support
General Revenues 20,137,036 (410,150) 19,726,886
Federal Funds 52,464,116 687,070 53,151,186
Restricted Receipts - Vending
Stand Proceeds 68,161 16,500 84,661
Other Funds
RICAP –
Forand Bldg Exterior Repairs 928,723 (928,723) 0
RICAP –
Benjamin Rush Phase I
(Parking) 187,000 (187,000) 0
Total –
Individual and Family Support 73,785,036 (822,303) 72,962,733
Veterans'
Affairs
General Revenues 16,340,861 (100,771) 16,240,090
Federal Funds 5,523,149 3,387,786 8,910,935
Restricted Receipts 1,948,507 (1,099,308) 849,199
Total - Veterans' Affairs 23,812,517 2,187,707 26,000,224
Health
Care Quality, Financing and Purchasing
General Revenues 23,746,254 1,535,688 25,281,942
Federal Funds 39,200,479 662,588 39,863,067
Restricted Receipts 1,038,201 (175,781) 862,420
Total - Health Care
Quality, Financing & Purchasing 63,984,934 2,022,495 66,007,429
Medical
Benefits
General Revenues
Hospitals 95,448,116 4,208,332 99,656,448
Nursing Facilities 119,535,895 (312,115) 119,223,780
Managed Care 127,668,494 4,903,267 132,571,761
Special Education 17,047,692 (5,929,632) 11,118,060
Other 90,038,516 9,211,250 99,249,766
Federal Funds
Hospitals 123,813,833 5,229,719 129,043,552
Nursing Facilities 165,942,040 1,834,180 167,776,220
Managed Care 188,931,382 396,857 189,328,239
Special Education 24,352,308 (8,470,368) 15,881,940
Other 129,008,518 9,312,320 138,320,838
Restricted Receipts 15,000 0 15,000
Total - Medical Benefits 1,081,801,794 20,383,810 1,102,185,604
Supplemental
Security Income Program
General Revenues 26,824,008 (180,849) 26,643,159
Family
Independence Program
General Revenues
Child Care 58,797,451 (5,820,248) 52,977,203
TANF/Family Independence
Program 18,242,741 837,871 19,080,612
Federal Funds 83,084,408 4,518,357 87,602,765
Total – Family
Independence Program 160,124,600 (464,020) 159,660,580
State
Funded Programs
General Revenues
General Public Assistance 2,929,132 131,821 3,060,953
Citizens Participation Program 45,000 5,000 50,000
Federal Funds 68,556,460 4,163,389 72,719,849
Total - State Funded Programs 71,530,592 4,300,210 75,830,802
Grand Total - Human Services 1,514,996,848 27,228,897 1,542,225,745
Mental Health, Retardation, and Hospitals
Central Management General Revenues 2,260,725 (178,962) 2,081,763
Hospital
and Community System Support
General Revenues 20,075,397 3,047,030 23,122,427
Other Funds
RICAP - Utilities Upgrade 300,000 0 300,000
RICAP - Medical
Center Rehabilitation 400,000 (190,000) 210,000
RICAP – Utility Systems –
Water Tanks and Pipes 250,000 (200,000) 50,000
RICAP – Central Power
Plant Rehabilitation 500,000 40,000 540,000
RICAP – Pastore Center
Sewer Improvements 500,000 (500,000) 0
Total - Hospital and
Community System Support 22,025,397 2,197,030 24,222,427
Services
for the Developmentally Disabled
General Revenues 94,583,493 (182,928) 94,400,565
Pirovano Trust 0 52,498 52,498
Notwithstanding the provisions of section 35-3-15 of the Rhode Island General Laws, all unexpended and unencumbered balances as of June 30, 2004 relating to the Pirovano Trust in the Department of Mental Health, Retardation and Hospitals are hereby reappropriated to fiscal year 2005.
Federal Funds 131,677,435 (3,344,108) 128,333,327
Other Funds RICAP – DD State Owned
Group Homes 200,000 (200,000) 0
Total - Services for the
Developmentally Disabled 226,460,928 (3,674,538) 222,786,390
Integrated
Mental Health Services
General Revenues 33,660,790 1,108,457 34,769,247
Federal Funds 34,855,717 2,077,905 36,933,622
Total - Integrated Mental
Health Services 68,516,507 3,186,362 71,702,869
Hospital
and Community Rehabilitation Services
General Revenues 44,647,530 1,266,186 45,913,716
Federal Funds 56,796,999 2,272,967 59,069,966
Other Funds RICAP - Zambarano
Buildings and Utilities 300,000 (260,894) 39,106
Total - Hospital and
Community Rehab. Services 101,744,529 3,278,259 105,022,788
Substance
Abuse
General Revenues 14,339,975 95,611 14,435,586
Federal Funds 14,535,572 (1,066,095) 13,469,477
Restricted Receipts 75,000 0 75,000
Other Funds RICAP –
Asset Protection 100,000 (78,146) 21,854
Total - Substance Abuse 29,050,547 (1,048,630) 28,001,917
Grand Total - Mental Health,
Retardation, and Hospitals 450,058,633 3,759,521 453,818,154
Office
of the Child Advocate
General Revenues 414,844 60,136 474,980
Federal Funds 48,000 15,000 63,000
Restricted Receipts 0 18,000 18,000
Grand Total –
Office of the Child Advocate 462,844 93,136 555,980
Commission
on the Deaf and Hard of Hearing
General Revenues 285,014 (17,380) 267,634
RI
Developmental Disabilities Council
Federal Funds 548,888 7,557 556,445
Governor's
Commission on Disabilities
General Revenues 534,430 4,172 538,602
Federal Funds 147,040 (58,754) 88,286
Restricted Receipts 50,818 (7,415) 43,403
Other Funds RICAP –
Facility Renovation
Handicap Access 500,000 (400,000) 100,000
Grand Total - Governor's
Commission on Disabilities 1,232,288 (461,997) 770,291
Commission for Human Rights
General Revenues 895,306 135,919 1,031,225
Federal Funds 270,822 (38,802) 232,020
Grand Total - Commission for
Human Rights 1,166,128 97,117 1,263,245
Mental Health Advocate General Revenues 317,656 (2,750) 314,906
Elementary and Secondary Education
State
Aid
General
Revenues 617,153,303 193,541 617,346,844
Federal
Funds 1,256,890 243,610 1,500,500
Restricted
Receipts 0 984,000 984,000
Total – State Aid 618,410,193 1,421,151 619,831,344
School Housing Aid General Revenues 40,747,193 (6,585) 40,740,608
Teacher’s Retirement General Revenues 45,448,832 763,774 46,212,606
RI
School for the Deaf
General Revenues 5,631,171 420,890 6,052,061
Federal Funds 1,213,428 63,537 1,276,965
Other Funds RICAP - School for the Deaf –
Facility Repairs 200,000 283,992 483,992
Total - RI School for the Deaf 7,044,599 768,419 7,813,018
Central
Falls School District
General Revenues 35,635,332 0 35,635,332
Davies
Career and Technical School
General Revenues 11,329,692 (263,685) 11,066,007
Federal Funds 1,031,444 337,379 1,368,823
Restricted Receipts 101,089 (2,940) 98,149
Other Funds RICAP –
Davies Roof Repair 225,000 234,400 459,400
Total - Davies Career and
Technical School 12,687,225 305,154 12,992,379
Metropolitan
Career and Technical School
General Revenues 5,750,000 0 5,750,000
Program
Operations
General Revenues 14,873,548 (326,046) 14,547,502
Federal Funds 164,739,660 22,518,020 187,257,680
Restricted
Receipts 1,030,412 446,782 1,477,194
Other Funds
RICAP – East Providence
Vocational HVAC 300,580 53,675 354,255
RICAP – State-Owned
Schools – Fire Alarm 93,480 626,000 719,480
` Total – Program Operations 181,037,680 23,318,431 204,356,111
Transportation Study General Revenues 10,000 0 10,000
The Department of Elementary and Secondary Education shall conduct a study of the feasibility of a statewide busing contract including the transportation of students to and from charter schools, special education programs, and regional schools. The study shall include the collection and analysis of data received from each school district pursuant to this section which shall include the origin and destination of any pupil attending a school, including a public school, vocational school, special education program provided in accordance with regulations of the Board of Regents for Elementary and Secondary Education, a regional school established under the provisions of section 16-3-1 et seq., as authorized by section 16.3.1-1 et seq., or a nonpublic nonprofit school for grades kindergarten through (12), consolidated, regionalized, or otherwise established to serve residents of a specific area within the state for any of the grades of kindergarten through twelve (12).
The results of the study shall be submitted to the General Assembly by November 1, 2003 with copies to the President of the Senate, the Speaker of the House, the Chairperson of the Senate Finance Committee, the Chairperson of the House Finance Committee, the Senate Fiscal Advisor and the House Fiscal Advisor.
Grand Total - Elementary and Secondary
Education 946,771,054 26,570,344 973,341,398
Board
of Governors
General Revenues 172,088,777 (1,047,335) 171,041,442
Federal Funds 3,021,462 (420) 3,021,042
Other Funds
University and College Funds 398,848,671 10,332,478 409,181,149
RICAP - Asset Protection/Roofs 8,770,000 2,008,333 10,778,333
RICAP – Biological Science Center 300,000 0 300,000
RICAP – Chafee Hall PCB
Abatement 0 48,403 48,403
RICAP – Alger Hall 1,500,000 288,712 1,788,712
RICAP - DCYF Facilities 1,795,046 1,467,846 3,262,892
Grand Total –
Board of Governors 586,323,956 13,098,017 599,421,973
RI
State Council on the Arts
General Revenues
Operating Support 467,951 (8,852) 459,099
Grants 1,846,272 (18,000) 1,828,272
Federal Funds 696,006 (85,339) 610,667
Restricted Receipts 200,000 0 200,000
Grand Total - RI State
Council on the Arts 3,210,229 (112,191) 3,098,038
RI
Atomic Energy Commission
General Revenues 646,012 53,330 699,342
Federal Funds 325,000 0 325,000
Other Funds
URI Sponsored Research 153,626 (3,163) 150,463
Grand Total - RI Atomic
Energy Commission 1,124,638 50,167 1,174,805
RI
Higher Education Assistance Authority
General Revenues
Needs Based Grants and
Work Opportunities 9,933,030 0 9,933,030
Authority Operations and
Other Grants 1,126,632 (7,653) 1,118,979
Federal Funds 7,322,593 (62,767) 7,259,826
Other Funds Tuition Savings Program –
Administration 4,062,797 1,273,194 5,335,991
Grand Total - Higher
Education Assistance
Authority 22,445,052 1,202,774 23,647,826
RI
Historical Preservation and Heritage Commission
General Revenues 1,074,360 3,852 1,078,212
Federal Funds 534,534 (11,707) 522,827
Restricted Receipts 251,800 22,092 273,892
Grand Total – RI Historical
Preservation and Heritage Comm. 1,860,694 14,237 1,874,931
RI
Public Telecommunications Authority
General Revenues 1,196,530 41,238 1,237,768
Federal Funds 555,601 0 555,601
Other Funds
Corporation for Public Broadcasting 691,249 (34,320) 656,929
RICAP –Digital Conversion 2,300,000 (1,760,000) 540,000
Grand Total – R.I. Public
Telecommunications Authority 4,743,380 (1,753,082) 2,990,298
Attorney General
Criminal
General Revenues 10,652,958 (22,424) 10,630,534
Federal Funds 1,372,107 219,262 1,591,369
Restricted Receipts 183,722 155,818 339,540
Total – Criminal 12,208,787 352,656 12,561,443
Civil
General Revenues 3,388,226 (7,552) 3,380,674
Federal Funds 66,529 5,844 72,373
Restricted Receipts 447,017 2,569 449,586
Total – Civil 3,901,772 861 3,902,633
Bureau
of Criminal Identification
General Revenues 715,765 37,742 753,507
Federal Funds 0 335,000 335,000
Total - Bureau of Criminal
Identification 715,765 372,742 1,088,507
General General Revenues 1,810,149 18,212 1,828,361
Grand Total –
Attorney General 18,636,473 744,471 19,380,944
Corrections
Central
Management
General Revenues 9,603,293 129,846 9,733,139
Federal Funds 0 295,613 295,613
Total - Central Management 9,603,293 425,459 10,028,752
Parole Board General Revenues 999,141 54,488 1,053,629
Institutional
Corrections
General Revenues 117,627,236 5,475,204
5,670,204 123,102,440 123,297,440
Provided that of the $123.1 million, all unexpended and unencumbered balances of the $1,105,000 provided for repairs as of June 30, 2004, are hereby reappropriated to fiscal year 2005 for the purpose for which it was originally intended.
Federal Funds 7,647,967 (1,286,042) 6,361,925
Restricted Receipts 2,737,500 (629,360) 2,108,140
Other Funds
RICAP – Perimeter/Security
Upgrades 200,000 113,698 313,698
RICAP - Fire Code Safety
Improvements 200,000 (144,248) 55,752
RICAP – High Security Fire
Alarm HVAC 169,000 30,678 199,678
RICAP - Security Camera
Installation 525,000 (525,000) 0
RICAP – Dix Expansion 554,000 (554,000) 0
RICAP – Reintegration Center
State Match 353,892 83,603 437,495
RICAP – General Renovations –
Maximum 244,000 619,519 863,519
RICAP – Dix Expansion State
Match 0 63,272 63,272
RICAP – General Renovations –
Women’s 500,000 (372,340) 127,660
RICAP – Women’s Bath
Renovations 561,000 (454,688) 106,312
RICAP – Food Plant Roof 264,500 0 264,500
Total
- Institutional Corrections
131,584,095 2,420,296 2,615,296 134,004,391 134,199,391
Community
Corrections
General Revenues 11,847,743 (436,599)
(631,599) 11,411,144 11,216,144
Federal Funds 1,813,402 (140,064) 1,673,338
Total
– Community Corrections
13,661,145 (576,663) (771,663) 13,084,482 12,889,482
Grand Total – Corrections 155,847,674 2,323,580 158,171,254
Judiciary
Supreme
Court
General Revenues
General Revenues 21,937,094 (867,305) 21,069,789
Defense of Indigents 1,950,000 300,000 2,250,000
Federal Funds 163,687 764,345 928,032
Restricted Receipts 888,521 (2,854) 885,667
Other Funds
RICAP - Murray Judicial Complex –
Int. Refurbishment 198,000 112,000 310,000
RICAP – Garrahy Judicial Complex –
Lighting/Ceiling 15,000 (15,000) 0
RICAP – Fogarty Annex
Interior/Exterior 67,500 (11,381) 56,119
RICAP – Licht Judicial Complex –
Foundation 10,000 25,000 35,000
RICAP – Licht Judicial Complex –
Roof Study 25,000 (25,000) 0
Total - Supreme Court 25,254,802 279,805 25,534,607
Superior
Court
General Revenues 16,681,473 125,052 16,806,525
Federal Funds 164,420 50,780 215,200
Total - Superior Court 16,845,893 175,832 17,021,725
Family
Court
General Revenues 12,621,565 73,532 12,695,097
Federal Funds 2,950,069 614,490 3,564,559
Restricted Receipts 148,100 0 148,100
Total - Family Court 15,719,734 688,022 16,407,756
District Court General Revenues 7,923,671 230,043 8,153,714
Federal Funds 0 5,000 5,000
Total – District Court 7,923,671 235,043 8,158,714
Traffic Tribunal General Revenues 6,219,918 40,897 6,260,815
Workers'
Compensation Court
Restricted Receipts 6,009,169 597,608 6,606,777
Justice
Link Program
General Revenues 434,040 (434,040) 0
Federal Funds 471,540 (471,540) 0
Total - Justice Link Program 905,580 (905,580) 0
Grand Total – Judiciary 78,878,767 1,111,627 79,990,394
Military Staff
National
Guard
General Revenues 1,677,623 (127,247) 1,550,376
Federal Funds 7,908,381 493,701 8,402,082
Restricted Receipts 0 10,000 10,000
Other Funds
RICAP - Bristol Armory
Rehabilitation 100,000 190,146 290,146
RICAP – Benefit St. Arsenal
Rehabilitation 130,000 (67,882) 62,118
RICAP - Schofield Armory
Rehabilitation 20,000 100,000 120,000
RICAP – Warren Armory 175,000 126,078 301,078
RICAP - US Property &
Finance Office – HVAC 45,000 (3,028) 41,972
RICAP – Warwick Armory
Boiler 25,000 0 25,000
RICAP – Army Aviation
Support Facility 25,000 (25,000) 0
RICAP – North Smithfield
Armory 41,250 5,000 46,250
RICAP – AMC – Roof
Replacement 100,000 (100,000) 0
RICAP – CSMS/Armory
Construction 376,250 (376,250) 0
Total - National Guard 10,623,504 225,518 10,849,022
Emergency
Management
General Revenues 1,119,097 (567,558) 551,539
Federal Funds 26,885,967 (4,330,059) 22,555,908
Restricted Receipts 128,157 38,611 166,768
Total - Emergency Management 28,133,221 (4,859,006) 23,274,215
Grand Total - Military Staff 38,756,725 (4,633,488) 34,123,237
E-911
Emergency Telephone System
General Revenues 4,365,704 (160,303) 4,205,401
Fire
Safety Code of Appeal and Review
General Revenues 235,469 (11,978) 223,491
State Fire Marshal
General Revenues 1,739,123 (61,378) 1,677,745
Federal Funds 285,530 56,367 341,897
Other Funds 0 20,000 20,000
Grand Total - State Fire Marshal 2,024,653 14,989 2,039,642
Commission
on Judicial Tenure and Discipline
General Revenues 113,455 14,070 127,525
Rhode
Island Justice Commission
General Revenues 163,492 (1,271) 162,221
Federal Funds 5,700,884 198,322 5,899,206
Restricted Receipts 90,000 0 90,000
Grand Total - Rhode Island Justice
Commission 5,954,376 197,051 6,151,427
Municipal
Police Training Academy
General Revenues 356,387 (4,210) 352,177
Federal Funds 35,000 37,872 72,872
Grand Total - Municipal Police
Training Academy 391,387 33,662 425,049
State
Police
General Revenues 40,575,638 (1,194,902) 39,380,736
Federal Funds 1,299,900 904,440 2,204,340
Restricted Receipts 223,468 366,555 590,023
Other Funds
RICAP – Barracks and
Training Headquarters 325,000 (236,000) 89,000
RICAP – Headquarters
Repairs/Renovations 107,337 (107,337) 0
Traffic Enforcement –
Municipal Training 150,000 (30,575) 119,425
Lottery Commission
Assistance 123,809 (7,807) 116,002
Road Construction
Reimbursement 1,499,175 88,136 1,587,311
Grand Total - State Police 44,304,327 (217,490) 44,086,837
Office
of Public Defender
General Revenues 6,567,522 (190,641) 6,376,881
Federal Funds 441,822 84,042 525,864
Grand Total - Office of Public
Defender 7,009,344 (106,599) 6,902,745
Environmental Management
Policy
and Administration
General Revenues 8,194,611 (66,512) 8,128,099
Federal Funds 2,939,219 160,894 3,100,113
Restricted Receipts 3,065,657 8,210 3,073,867
Other Funds
DOT Recreational Projects 21,031 (55) 20,976
Blackstone Bikepath Design 1,244,288 (1,353) 1,242,935
RICAP - Dam Repair 1,264,000 (864,000) 400,000
Total - Policy and
Administration 16,728,806 (762,816) 15,965,990
Natural
Resources
General Revenues 15,053,323 13,766 15,067,089
Federal Funds 13,667,841 351,353 14,019,194
Restricted Receipts 3,676,844 (438,254) 3,238,590
Other Funds
RICAP – Fort Adams
Rehabilitation 250,000 0 250,000
RICAP – Recreational Facilities
Improvement 650,000 486,581 1,136,581
RICAP – Wickford Marine
Facility 50,000 (50,000) 0
RICAP - Galilee Piers 1,200,000 (400,000) 800,000
RICAP - Newport Piers 0 1,501 1,501
RICAP – Boyd’s Marsh
Habitat Restoration 330,000 (330,000) 0
Total - Natural Resources 34,878,008 (365,053) 34,512,955
Environmental
Protection
General Revenues 7,769,300 (131,528) 7,637,772
Federal Funds 8,566,154 383,928 8,950,082
Restricted Receipts 3,305,322 (22,673) 3,282,649
RIPDES
Program
General Revenues 662,540 0 662,540
Federal Funds 180,000 0 180,000
Total - Environmental
Protection 20,483,316 229,727 20,713,043
Grand Total –
Environmental Management 72,090,130 (898,142) 71,191,988
Coastal
Resources Management Council
General Revenues 1,421,021 40,899 1,461,920
Notwithstanding the provisions of section 35-3-15 of the general laws of chapter 35-3 entitled “State Budget”, all unexpended, encumbered and unencumbered balances from the computerized database management system of the appropriation in general revenues for the Coastal Resources Management Council at the end of the fiscal year 2003 shall be reappropriated in the ensuing fiscal year and made immediately available for the purposes for which they were originally appropriated.
Federal Funds 1,466,000 895,591 2,361,591
Restricted Receipts 4,500,000 710,304 5,210,304
Other Funds
RICAP - South Coast
Restoration Project 968,267 (968,267) 0
RICAP – Habitat Restoration –
Allins Cove 0 172,000 172,000
Grand Total - Coastal Resources
Management Council 8,355,288 850,527 9,205,815
State
Water Resources Board
General Revenues 940,992 (36,095) 904,897
Federal Funds 0 827,500 827,500
Restricted Receipts 984,000 0 984,000
Other Funds
RICAP - Big River
Management Area 80,000 24,762 104,762
RICAP – Water Allocation
Plan 0 69,783 69,783
RICAP – Supplemental Water
Supplies Development 0 39,380 39,380
Grand Total –State Water
Resources Board 2,004,992 925,330 2,930,322
Transportation
Central
Management
Federal Funds 9,222,128 (4,522) 9,217,606
Other Funds Gasoline Tax 3,263,692 177,976 3,441,668
Total - Central Management 12,485,820 173,454 12,659,274
Management and Budget
Other Funds Gasoline Tax 2,065,834 (163,813) 1,902,021
Infrastructure Maintenance
Other Funds
Infrastructure – Maintenance
Gasoline Tax 39,177,943 208,972 39,386,915
Outdoor Advertising 0 60,565 60,565
Total - Infrastructure
Maintenance 39,177,943 269,537 39,447,480
Infrastructure
Engineering
Federal Funds 188,009,292 114,226 188,123,518
Restricted Receipts 36,407,911 (10,407,911) 26,000,000
Other Funds
Gasoline Tax 53,608,993 (1,545,297) 52,063,696
RIPTA - Land and Buildings 0 590,000 590,000
Land Sale Revenue 4,000,000 0 4,000,000
State Infrastructure Bank 1,000,000 0 1,000,000
Total - Infrastructure –
Engineering 283,026,196 (11,248,982) 271,777,214
Grand Total – Transportation 336,755,793 (10,969,804) 325,785,989
Statewide
Totals
General Revenues 2,783,776,459 5,893,065 2,789,669,524
Federal Funds 1,837,498,843 68,440,273 1,905,939,116
Restricted Receipt Funds 144,636,954 (9,243,565) 135,393,389
Other Funds 974,646,693 70,383,881 1,045,030,574
Statewide Grand Total 5,740,558,949 135,473,654 5,876,032,603
SECTION 2. Section 12 of Article 1 of Chapter 376 of
the Public Laws of 2003 authorizes the reappropriation of any unexpended funds
from the Rhode Island Capital Plan Fund for the purposes for which they were
originally appropriated. The following
is a listing of those projects completed in FY 2003 for which reappropriated
funds are no longer required. The
amounts listed are hereby withdrawn and the State Controller is authorized to
return these funds to the Rhode Island Capital Plan Fund.
FY 2004 FY 2004 FY 2004
Enacted Balance Forward Final
RICAP Project
Administration
RICAP – State House Elevators 0 5,500 0
Children,
Youth and Families
RICAP – RI Training School
Bathroom Renovations 0 46,619 0
SECTION 3. This
article shall take effect upon passage.
ARTICLE 11 SUBSTITUTE A
Relating To Motor Vehicle Excise Tax
SECTION 1. Section 44-34.1-2 of the General Laws in
Chapter 44-34.1 entitled “Motor Vehicle and Trailer Excise Tax Elimination Act
of 1998” is hereby amended to read as follows:
44-34.1-2. City and town and fire district reimbursement. – (a) In fiscal years 2000 through 2008, cities and towns and fire districts shall receive reimbursements, as set forth within, from state general revenues equal to the amount of lost tax revenue due to the phase out or reduction of the excise tax. Cities and towns and fire districts shall receive advance reimbursements through state fiscal year 2002. Provided further, however, that beginning in state fiscal year 2005, cities and towns shall receive reimbursements equal to the amount of lost tax revenue due to the phase out or reduction of the excise tax in the prior local fiscal year. In the event the tax is phased out in fiscal year 2008, in fiscal year 2009, cities and towns and fire districts shall receive a permanent distribution of sales tax revenue pursuant to § 44-18-18 in an amount equal to any lost revenue resulting from the excise tax elimination. Lost revenues must be determined using a base tax rate fixed at fiscal year 1998 levels for each city, town, and fire district except that the Town of Johnston's base tax rate must be fixed at a fiscal year 1999 level.
(b)(1) The director of administration shall determine the amount of general revenues to be distributed to each city and town and fire district for the fiscal years 1999 through 2008 so that every city and town and fire district is held harmless from tax loss resulting from this chapter, assuming that tax rates are indexed to inflation through fiscal year 2003.
(2) The director of administration shall index the tax rates for inflation by applying the annual change in the December consumer price index all urban consumers (CPI-U), published by the bureau of labor statistics of the United States department of labor, to the indexed tax rate used for the prior fiscal year calculation; provided that for state reimbursements in fiscal years 2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U adjustments. The director shall apply the following principles in determining reimbursements:
(i) Exemptions granted by cities and towns and fire districts in the fiscal year 1998 must be applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities and towns and fire districts will not be reimbursed for these exemptions.
(ii) City, town, and fire districts shall be reimbursed by the state for revenue losses attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates through fiscal 2003; provided, however, that reimbursement for revenue losses shall be calculated based upon the difference between the maximum taxable value less personal exemptions and the net assessed value.
(iii) Inflation reimbursements shall be the difference between:
(A) The levy calculated at the tax rate used by each city and town and fire district for fiscal year 1998 after adjustments for personal exemptions but prior to adjustments for exemptions contained in § 44-34.1-1(c)(1); provided, however, that for the Town of Johnston the tax rate used for fiscal year 1999 must be used for the calculation; and
(B) The levy calculated by applying the appropriate cumulative inflation adjustment through state fiscal 2003 to the tax rate used by each city and town and fire district for fiscal year 1998; provided, however, that for the Town of Johnston the tax rate used for fiscal year 1999 shall be used for the calculation after adjustments for personal exemptions but prior to adjustments for exemptions contained in § 44-34.1-1.
(c)(1) Funds shall be distributed to the cities and towns and fire districts as follows:
(i) On October 20, 1998, and each October 20 thereafter through October 20, 2001, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the upcoming fiscal year.
(ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the upcoming fiscal year.
(iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent (50%) of the amount calculated by the director of administration to be the difference for the upcoming fiscal year.
(iv) On August 1, 2002 and each August 1 thereafter through August 1, 2007, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the current fiscal year.
(v) On November 1, 2002 and each November 1 thereafter through November 1, 2007, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the current fiscal year.
(vi) On February 1, 2003 and each February 1 thereafter through February 1, 2008, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the current fiscal year.
(vii) On May 1, 2003 and each May 1 thereafter through May 1, 2008, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the current fiscal year.
Provided, however, the February and May payments shall be subject to submission of final certified and reconciled motor vehicle levy information.
(2) Each city, town, or fire district shall submit final certified and reconciled motor vehicle levy information by August 30 of each year. Any adjustment to the estimated amounts paid in the previous fiscal year shall be included or deducted from the payment due November 1.
(3) On any of the payment dates specified in paragraphs (c)(1)(i) through (vii), the director is authorized to deduct previously made over-payments or add supplemental payments as may be required to bring the reimbursements into full compliance with the requirements of this chapter.
(4) For the city of East Providence, the payment schedule is twenty-five percent (25%) on February 20, 1999 and each February 20 thereafter through February 20, 2002, twenty-five percent (25%) on June 20, 1999 and each June 20 thereafter through June 20, 2002, which includes final reconciliation of the previous year's payment, and fifty percent (50%) on October 20, 1999 and each October 20 thereafter through October 20, 2002. For local fiscal years 2003 though 2008, the payment schedule is twenty-five percent (25%) on each November 1, twenty-five percent (25%) on each February 1, twenty-five percent (25%) on each May 1, which includes final reconciliation of the previous year's payment, and twenty-five percent (25%) on each August 1; provided, however, the May and August payments shall be subject to submission of final certified and reconciled motor vehicle levy information.
(5) In the event the tax is phased out in fiscal year 2008, funds distributed to the cities, towns, and fire districts for fiscal year 2009 shall be calculated as the funds distributed in fiscal year 2008. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities and towns and fire districts on August 1, 2008, twenty-five percent (25%) on November 1, 2008, twenty-five percent (25%) on February 1, 2009, and twenty-five percent (25%) on May 1, 2009. The funds shall be distributed to each city and town and fire district in the same proportion as distributed in fiscal year 2008.
(6) In the event the tax is phased out in fiscal year 2008, to August 1, 2009 , the director of administration shall calculate to the nearest tenth of one cent (0.1¢) the number of cents of sales tax received for the fiscal year ending June 30, 2009, equal to the amount of funds distributed to the cities, towns, and fire districts under this chapter during fiscal year 2009, and the percent of the total funds distributed in fiscal year 2009, received by each city, town, and fire district, calculated to the nearest one-hundredth of one percent (0.01%). The director of administration shall transmit those calculations to the governor, the speaker of the house, the president of the senate, the chairperson of the house finance committee, the chairperson of the senate finance committee, the house fiscal advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes received for the prior fiscal year, shall be the basis for determining the amount of sales tax to be distributed to the cities and towns and fire districts under this chapter for fiscal year 2010, and each year thereafter. The cities and towns and fire districts shall receive that amount of sales tax in the proportions calculated by the director of administration as that received in fiscal year 2009.
(7) In the event the tax is phased out in fiscal year 2008, twenty-five percent (25%) of the funds shall be distributed to the cities, towns, and fire districts on August 1, 2009, and every August 1 thereafter; twenty-five percent (25%) shall be distributed on November 1, 2009, and every November 1 thereafter; twenty-five percent (25%) shall be distributed on February 1, 2010, and every February 1 thereafter; and twenty-five percent (25%) shall be distributed on May 1, 2010, and every May 1 thereafter.
(8) For the city of East Providence, in the event the tax is phased out in fiscal year 2008, twenty-five percent (25%) shall be distributed on November 1, 2009 and every November 1 thereafter, twenty-five percent (25%) shall be distributed on February 1, 2010 and every February 1 thereafter; twenty-five percent (25%) shall be distributed on May 1, 2010, and every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on August 1, 2010 and every August 1 thereafter.
(9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply to the year 2001 tax roll and thereafter.
SECTION 2. This article
shall take effect as of July 1, 2004.
ARTICLE 12 SUBSTITUTE A
Relating To Human Resource Investment Council
SECTION 1. Section 42-102-6 of the General Laws in
Chapter 42-102 entitled “Rhode Island Human Resource Investment Council” is
hereby amended to read as follows:
42-102-6. Duties. -- (a) The council shall meet with other entities involved with vocational education, labor, and training and shall be responsible for the planning of labor and training activities to ensure that a comprehensive and cohesive plan is developed. The council shall take into consideration the needs of all segments of the state's citizenry in establishing goals and training objectives.
(b) The council shall establish policy to ensure the effectiveness and efficiency of programs and activities as they pertain to labor and training.
(c) The council shall provide funding for special projects that
will increase and improve the skill base of Rhode Island's workforce. The
council shall take into account labor market information from the Rhode Island department
of economic development corporation to help establish training
needs. In addition, the council shall have the following responsibilities:
(1) Prepare and submit by September 1, 1992 and thereafter annually, a proposed budget for the ensuing year for the governor's approval;
(2) Prepare and submit to the governor, the general assembly, and
the auditor general by April 1 of each year an annual report on the council's
goals, policies, and activities. The auditor general shall conduct annual
audits of all financial accounts and any other audits that he or she shall deem
necessary.;
(3) Ensure that, for those contracts or grants characterized as
training or upgrading, the administrative expenses of the private or public entity
awarded the contract or grant shall not exceed fifteen percent (15%) of the
total contract or grant.;
(4) Receive any gifts, grants, or donations made and to disburse and administer them in accordance with the terms thereof; and
(5) Allocate moneys from the job development fund for projects to
implement the recommendations of the council, including, but not limited to,
technology transfers or technical assistance to manufacturers to improve their
operations through the use of appropriate technologies. ; provided
that for fiscal year 2005, a minimum of three million four hundred thousand
dollars ($3,400,000) from the job development fund shall be allocated for adult
literacy programs.
SECTION 2. This article
shall take effect as of July 1, 2004.
ARTICLE 13 SUBSTITUTE A
Relating To Labor and Training Fees
SECTION 1. Section 5-6-17 of the General Laws in
Chapter 5-6 entitled “Electricians” is hereby amended to read as follows:
5-6-17. Application for examination – Fee.
-- Persons desiring an examination shall make written application
on the state approved form for the examination accompanied by the proper fee,
which is thirty six dollars ($36.00) seventy-five dollars ($75.00).
SECTION
2. Sections 5-20-16, 5-20-17, and
5-20-17.1 of the General Laws in Chapter 5-20 entitled “Plumbers and
Irrigators” are hereby amended to read as follows:
5-20-16. Qualifications of master plumber or master irrigator – Application fee. -- (a) No application for a license of a master plumber or master irrigator shall be filed by the department of labor and training nor is any applicant permitted to take the examination for a license as a master plumber, or master irrigator unless:
(1) The application is accompanied by a nonrefundable application
fee of thirty dollars ($30.00) seventy-five dollars ($75.00) payable
to the department;
(2) The applicant is a citizen or legal resident of the United States; and
(3) The applicant possesses a certificate of license in full force and effect from the department of labor and training of the state specifying that person as a journeyperson plumber or journeyperson irrigator licensed as a journeyperson plumber or journeyperson irrigator for a minimum of one year. An affidavit must accompany this application certifying that the applicant was employed by a licensed master plumber or master irrigator during that period in which the journeyperson plumber or journeyperson irrigator was so licensed. Completed applications must be filed with the department at least thirty (30) days prior to the examination date.
(b) Notwithstanding anything set forth in this section to the
contrary, the prequisites set forth in the preceding paragraph may be waived,
and the requirements of this section met, if the applicant submits evidence, in
form and substance reasonably acceptable to the department of labor and
training, that the applicant possesses the requisite skill, expertise,
education, experience, training, and other qualities or qualifications to take
the examination for a license as a master plumber or master irrigator.
5-20-17. Qualifications of journeyperson – Application fee. -- No application for a journeyperson's license shall be filed at the department of labor and training nor shall any applicant be permitted to take the examination for a license as a journeyperson plumber, unless:
(1) The application is accompanied by a nonrefundable application
fee of thirty six dollars ($36.00) seventy-five dollars ($75.00);
(2) The applicant shall have possessed for at least four (4) years
prior to the filing of the application a certificate of registration in full
force and effect from the department of labor and training of the state
specifying that person as a registered apprentice plumber and the application
of that applicant is accompanied with an affidavit or affidavits of his or her
employer or former employers or other reasonably satisfactory evidence showing
that the applicant has been actually engaged in plumbing work as an apprentice
plumber in the state of Rhode Island for eight thousand (8,000) hours of on the
job training during a five (5) year period which shall include the successful
completion of five hundred seventy-six (576) hours of related instruction at a
training program recognized by the department of labor and training or the
application is accompanied with an affidavit or other reasonably satisfactory
evidence showing that the applicant has been a registered student in a
recognized college, university, or trade school and has pursued a course of
plumbing or sanitary engineering for at least two (2) academic years, or is the
recipient of an associate degree in either plumbing or sanitary engineering,
and has been registered by the department of labor and training as an
apprentice plumber for at least two (2) years and at all times while being
employed as a registered apprentice plumber by a duly licensed master plumber
in this state for a period of two (2) years or the application is accompanied
by an affidavit or other reasonably satisfactory evidence showing that the
applicant possesses a certificate of license, issued under the laws of another
state, provided that the requirements are the same as the state specifying that
person as a journeyperson plumber. The records of the hours of on the job
training and the hours of related instruction should be maintained in a
mutually responsible manner, through a joint effort on the part of the master
plumber and the apprentice. The completed application is to be filed with the
department at least fifteen (15) days prior to the examination date.
5-20-17.1. Qualifications of journeyperson irrigator – Application fee. -- No application for a journeyperson's license shall be filed by the department of labor and training nor shall any applicant be permitted to take the examination for a license as a journeyperson irrigator unless:
(1) The application is accompanied with the nonrefundable
application fee of thirty six dollars ($36.00) seventy-five dollars
($75.00);
(2) The applicant possess a current apprentice certificate for a
period of one year before application for journeyperson irrigator is made.
SECTION 3. Section 28-26-10 of the General Laws in
Chapter 28-26 entitled “Hoisting Engineers” is hereby amended to read as
follows:
28-26-10. License fees. -- Each applicant
for an examination for a license as an engineer shall pay to the division at
the time of application a fee of thirty six dollars ($36.00) seventy-five
dollars ($75.00), and for each license or renewal of a license a fee at the
annual rate of forty-eight dollars ($48.00) for a full license, forty-two
dollars ($42.00) for a hoisting license, thirty-six dollars ($36.00) for an
excavating license, and thirty dollars ($30.00) for a limited license, these
fees to be deposited as general revenues.
SECTION 4. Section 28-27-17 of the
General Laws in Chapter 28-27 entitled “Mechanical” is hereby amended to read
as follows:
28-27-17. Test fees – License fees – Expiration and renewal of licenses. -- (a) All licenses issued to the pipefitters/refrigeration technicians and fire protection sprinkler contractor/sprinkler fitters and sheet metal contractor or journeyperson sheet metal worker detailed in this section shall be paid for as follows:
TEST LICENSE RENEWAL
Master Mechanical Contractor ---- 240.00 240.00
Contractor Master 36.00
75.00 120.00 120.00
Pipefitter Master I 36.00
75.00 120.00 120.00
Pipefitter Master II 36.00
75.00 48.00 48.00
Refrigeration Master I 36.00
75.00 120.00 120.00
Refrigeration Master II 36.00
75.00 48.00 48.00
Pipefitter Journeyperson I 36.00
75.00 36.00 36.00
Pipefitter Journeyperson II 36.00
75.00 30.00 30.00
Refrigeration Journeyperson I 36.00
75.00 36.00 36.00
Refrigeration Journeyperson II 36.00
75.00 30.00 30.00
Apprentices ---- 24.00 24.00
Fire Protection Sprinkler
Fitters Master I 36.00 75.00 120.00 120.00
Fire Protection Sprinkler
Fitters
Journeyperson I 36.00 75.00 36.00 36.00
Sheet Metal Contractor 36.00
75.00 120.00 120.00
Sheet Metal Worker
Journeyperson 36.00 75.00 36.00 36.00
(b) Every license issued by the division of professional regulation is renewable on the licensee's birthdate. If any credit is due in the initial changeover year the amount of credit is determined by the chief administrator of the division.
SECTION 5. This article shall take effect as of July 1, 2004.
ARTICLE 14 SUBSTITUTE A
Relating To Child Support Enforcement
SECTION 1. Section 15‑9‑1 of the General
Laws in Chapter 15‑9 entitled “Support of Children” is hereby amended to
read as follows:
15‑9‑1._Duty of parent to pay support and
maintenance to the agency or person having custody of the child. – (a)
Whenever the department of children, youth and families shall pay for the
support and maintenance of any child pursuant to §§ 42‑72‑13 and 42‑72‑14,
or whenever another department, agency, society, institution, or person having
the charge, care, or custody of a child shall pay for the support and
maintenance of the child, the parents of the child are severally liable for
the support and maintenance of the child, and shall be severally liable for the
reimbursement to the department of children, youth and families, or any other
department, agency, society, institution, or person having the charge, care, or
custody of the child, for the support and maintenance of the child.
(b) In fixing the amount of support or reimbursement which the
parents shall be ordered to pay, the court shall take into account the
following factors:
(1) All earnings, income, and resources of the parent,
including real and personal property;
(2) The earnings potential of the parent;
(3) The reasonable necessities of the parent;
(4) The needs of the child for whom support is sought;
(5) The reasonable expenditures of the custodial agency for the
support and maintenance of the child;
(6) The existence and needs of other dependents of the parent;
(7) Any other factors, which bear upon the needs of the child
and the ability of the parent to provide financial support for those needs.
the court shall order either or both parents owing a duty of support to a
child to pay an amount based upon a formula and guidelines adopted by an
administrative order of the family court. If, after calculating support based
upon court established formula and guidelines, the court, in its discretion,
finds the proposed order would be inequitable to the child or either parent,
the court shall make findings of fact and shall order either or both parents
owing a duty of support to pay an amount reasonable or necessary for the
child's support after considering all relevant factors, including, but not
limited to:
(1) The financial resources of the child;
(2) The financial resources of the custodial parent;
(3) The standard of living the child would have enjoyed had the
marriage not been dissolved;
(4) The physical and emotional condition of the child and his
or her educational needs; and
(5) The financial resources and needs of the non‑custodial
parent.
(b) If it deems necessary or advisable, the court may order
child support and education costs for children attending high school at the
time of their eighteenth (18th) birthday and for ninety (90) days after
graduation, but in no case beyond their nineteenth (19th) birthday. In
addition, the court may order the support of a child with a severe physical or
mental impairment to continue until the twenty‑first (21st) birthday of
the child.
(c) After a decree for support has been entered and upon the
petition of either party, the court may review and alter its decree relative to
the amount and payment of support. If the court finds that a substantial change
in circumstances has occurred, the decree may be made retroactive to the date
that notice of a petition to modify was given to the adverse party. In such a case the court shall set forth in
its decision the specific findings of fact which show a substantial change in
circumstances and why the decree should be made retroactive.
(d) Any order for child support issued by the family court
shall contain a provision requiring either or both parents owing a duty of
support to a child to obtain health insurance coverage for the child when such
coverage is available to the parent or parents through their employment without
cost or at a reasonable cost. "Reasonable cost" shall be defined in
accordance with guidelines adopted by administrative order of the family court
in conjunction with the child support guidelines.
(e) Any existing child support orders may be modified in
accordance with this section unless the court makes specific written findings
of fact that take into consideration the best interests of the child and
conclude that a child support order or medical order would be unjust or
inappropriate in a particular case.
(f) In addition, the national medical support notice shall be
issued with respect to all orders issued, enforced, or modified on or after
October 1, 2002, in accordance with chapter 15-29. The notice shall inform the employer of provisions in the child
support order for health care coverage for the child and of the method to
implement this coverage. In lieu of the court ordering the non‑custodial
parent to obtain or maintain health care coverage for the child, the court may
order the non‑custodial parent to contribute a weekly cash amount towards
the medical premium for health care coverage paid by the state of Rhode Island
and/or the custodial parent. The method to determine a reasonable weekly amount
shall be addressed in a family court administrative order pertaining to the
child support guidelines.
(g) All support orders established or modified in the state on
or after October 1, 1998, shall be recorded with the Rhode Island family
court/department of administration, division of taxation child support computer
enforcement system. The system
maintains the official registry of support orders entered in accordance with
applicable administrative orders issued by the Rhode Island family court.
(h) In any subsequent child support enforcement action between
the parties, upon sufficient showing that a diligent effort has been made to
ascertain the location of such a party, the court may allow for notice and
service of process to be made by first class mail or by service of written
notice to the most recent residential or employer address of record, as
specified in the Rhode Island rules of procedure for domestic relations for the
Family Court of Rhode Island.
(c)(i) The department of children, youth, and
families shall not seek reimbursement child support for services
to the child which are special education services as defined under state and
federal law and pursuant to the regulations of the board of regents for
elementary and secondary education governing the special education of students
with disabilities, section two, I., 1.0‑4.11 and 34 C.F.R. Part 300.
SECTION 2. This article shall take effect upon passage.
ARTICLE 15 SUBSTITUTE A
RELATING TO LICENSING OF CHILD CARE PROVIDERS
SECTION 1. Section
42-72.1-5 of the General laws in Chapter 42-72 entitled “Licensing and Monitoring of Child Care Providers and
Child-Placing Agencies” is hereby amended to read as follows:
42-72.1-5. General licensing
provisions. -- The
following general licensing provisions shall apply:
(1) A license issued under this chapter is not transferable and applies only to the licensee and the location stated in the application and remains the property of the department. A license shall be publicly displayed. A license shall be valid for one year from the date of issue and upon continuing compliance with the regulations, except that a certificate issued to a family day care home, a license issued to a foster parent, and/or a license issued to a program for mental health services for “seriously emotionally disturbed children” as defined in § 42-72-5(b)(24) shall be valid for two (2) years from date of issue.
(2) Every license application issued pursuant to § 42-72.1-4
shall be accompanied by a nonrefundable application fee paid to the State of
Rhode Island as follows:
(a) adoption and foster care child placing agency license– one
thousand dollars ($1000);
(b) child day care center license– five hundred dollars ($500);
(c) group family day care home license – two hundred and fifty
dollars ($250);
(d) family day care home license- one hundred dollars ($100);
(3) All fees collected
by the State pursuant to paragraph (2) of this section shall be deposited by
the General Treasurer as general revenues.
(2)(4) A licensee shall comply with applicable state
fire and health safety standards.
(3)(5) The department may grant a provisional
license to an applicant, excluding any foster parent applicants, who is not
able to demonstrate compliance with all of the regulations because the program
or residence is not in full operation; however, the applicant must meet all
regulations that can be met in the opinion of the administrator before the
program is fully operational. The provisional license shall be granted for a
limited period not to exceed six (6) months and shall be subject to review
every three (3) months.
(4)(6) The department may grant a probationary
license to a licensee who is temporarily unable to comply with a rule or rules
when the noncompliance does not present an immediate threat to the health and
well-being of the children, and when the licensee has obtained a plan approved
by the administrator to correct the areas of noncompliance within the
probationary period. A probationary license shall be issued for up to twelve
(12) months; it may be extended for an additional six (6) months at the
discretion of the administrator. A probationary license that states the
conditions of probation may be issued by the administrator at any time for due
cause. Any prior existing license is invalidated when a probationary license is
issued. When the probationary license expires, the administrator may reinstate
the original license to the end of its term, issue a new license or revoke the
license.
(5)(7) The administrator will establish criteria and
procedure for granting variances as part of the regulations.
(6)(8) The above exceptions (probationary and
provisional licensing and variances) do not apply to and shall not be deemed to
constitute any variance from state fire and health safety standards.
SECTION 2. This article
shall take effect as of July 1, 2004.
ARTICLE 16 SUBSTITUTE A AS AMENDED
RELATING TO STATE AID
SECTION 1. Section 44-25-1 of the
General Laws in Chapter 44-25 entitled “Real Estate Conveyance Tax” is hereby
amended to read as follows:
44-25-1. Tax imposed – Payment – Burden. -- (a) There is imposed, on each deed, instrument, or writing by which any lands, tenements, or other realty sold is granted, assigned, transferred, or conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or her or their direction, when the consideration paid exceeds one hundred dollars ($100), a tax at the rate of two dollars ($2.00) for each five hundred dollars ($500) or fractional part of it which is paid for the purchase of the property (inclusive of the value of any lien or encumbrance remaining at the time of sale), which tax is payable at the time of making, execution, delivery, acceptance or presenting for recording of the instrument. In the absence of an agreement to the contrary, the tax shall be paid by the grantor.
(b) In the event no consideration is actually paid for the lands, tenements, or realty, the instrument of conveyance shall contain a statement to the effect that the consideration is such that no documentary stamps are required.
(c) The tax administrator contributes to the distressed community relief program the sum of thirty cents ($.30) per two dollars ($2.00) of the face value of the stamps to be distributed pursuant to § 45-13-12. The state shall retain sixty cents ($.60) for state use. The balance of the tax is retained by the municipality collecting the tax. Provided, however, in fiscal years 2004 and 2005, from the proceeds of this tax, the tax administrator shall deposit as general revenues the sum of ninety cents ($.90) per two dollars ($2.00) of the face value of the stamps. The balance of the tax is retained by the municipality collecting the tax.
SECTION 2. Sections 45-13-1 and
45-13-12 of the General Laws in Chapter 45-13 entitled “State Aid” are hereby
amended to read as follows:
45-13-1. Apportionment of annual appropriation for state aid. -- (a) As used in this chapter, the following words and terms have the following meanings:
(1) "Population" means the most recent estimates of population for each city and town as reported by the United States department of commerce, bureau of the census.
(2) "Income" means the most recent estimate of per-capita income for a city, town or county as reported by the United States department of commerce, bureau of the census.
(3) "Tax effort" means the total taxes imposed by a city or town for public purposes or the totals of those taxes for the cities or towns within a county (except employee and employer assessments and contributions to finance retirement and social insurance systems and other special assessments for capital outlay) determined by the United States secretary of commerce for general statistical purposes and adjusted to exclude amounts properly allocated to education expenses.
(4) "Reference year" means the second fiscal year preceding the beginning of the fiscal year in which the distribution of state aid to cities and towns is made.
(b) Aid to cities and towns shall be apportioned as follows: For each county, city or town, let R be the tax effort divided by the square of per capita income, i.e., R = (tax effort)/(income x income).
The amount to be allocated to the counties shall be apportioned in the ratio of the value of R for each county divided by the sum of the values of R for all five (5) counties.
The amount to be allocated for all cities and for all towns within a county shall be the allocation for that county apportioned proportionally to the total tax effort of the towns and cities in that county.
The amount to be allocated to any city or town is the amount allocated to all cities or all towns within the county apportioned in the ratio of the value of R for that city (or town) divided by the sum of the values of R for all cities (or all towns) in that county; provided, further, that no city or town shall receive an entitlement in excess of one hundred forty-five percent (145%) of that city or town's population multiplied by the average per capita statewide amount of the annual appropriation for state aid to cities and towns. Any excess entitlement shall be allocated to the remainder of the cities and towns in the respective county in accordance with the provisions of this section.
For fiscal year 2004, notwithstanding the provisions of subsection (a), aid calculations shall be based on a blended rate of ninety percent (90%) of the data from the 1990 census and ten percent (10%) of the data from the 2000 census. In each of the succeeding nine (9) fiscal years, the calculations shall be based on a blended rate that increases the percentage of data utilized from the 2000 census by ten percent (10%) from the previous year and decreases the percentage of the data utilized from the 1990 census by ten percent (10%) from the previous year.
(c) The total amount of aid to be apportioned pursuant to subsection (b) above shall be specified in the annual appropriation act of the state and shall be equal to the following:
(i) For fiscal years ending June 30, 1994 through June 30, 1998, the total amount of aid shall be based upon one percent (1%) of total state tax revenues in the reference year.
(ii) For the fiscal year ending June 30, 1999, the total amount of aid shall be based upon one and three-tenths percent (1.3%) of total state tax revenues in the reference year.
(iii) For the fiscal year ending June 30, 2000, the total amount of aid shall be based upon one and seven-tenths percent (1.7%) of total state tax revenues in the reference year.
(iv) For the fiscal year ending June 30, 2001, the total amount of aid shall be based upon two percent (2.0%) of total state tax revenues in the reference year.
(v) For the fiscal year ending June 30, 2002, the total amount of aid shall be based upon two and four-tenths percent (2.4%) of total state tax revenues in the reference year.
(vi) For the fiscal year ending June 30, 2003, the total amount of aid shall be based upon two and four-tenths percent (2.4%) of total state tax revenues in the reference year.
(vii) For the fiscal year ending June 30, 2004, the total amount of aid shall be based upon two and seven-tenths percent (2.7%) of total state tax revenues in the reference year.
(viii) For the fiscal year ending June 30, 2005, the total amount
of aid shall be based upon three percent (3.0%) of total state tax revenues
in the reference year fifty-two million four hundred thirty-eight
thousand five hundred thirty-two dollars ($52,438,532).
(ix) For the fiscal year ending June 30, 2006, the total amount of
aid shall be based upon three and four-tenths percent (3.4 3.0%)
of total state tax revenues in the reference year.
(x) For the fiscal year ending June 30, 2007, the total amount of
aid shall be based upon three and seven four-tenths percent (3.7
3.4%) of total state tax revenues in the reference year.
(xi) For the fiscal year ending June 30, 2008, the total amount of
aid shall be based upon four and one three and seven-tenths
percent (4.1 3.7 %) of total state tax revenues in the reference
year.
(xii) For the fiscal year ending June 30, 2009, the total amount
of aid shall be based upon four and four one-tenths percent (4.4
4.1%) of total state tax revenues in the reference year.
(xiii) For the fiscal year ending June 30, 2010, the total amount
of aid shall be based upon four and seven four-tenths percent (4.7
4.4%) of total state tax revenues in the reference year.
(xiv) For the fiscal year ending June 30, 2011, the total
amount of aid shall be based upon four and seven-tenths percent (4.7%) of total
state tax revenues in the reference year.
(d) The assent of two-thirds (2/3) of the members elected to each house of the general assembly shall be required to repeal or amend this section.
45-13-12. Distressed communities relief fund. -- (a) There is established a fund to provide state assistance to those Rhode Island cities and towns which have the highest property tax burdens relative to the wealth of taxpayers.
(b) Establishment of indices. Four (4) indices of distress shall be established to determine eligibility for the program. Each community shall be ranked by each distress index and any community which falls into the lowest fifteen percent (15%) of at least three (3) of the four (4) indices shall be eligible to receive assistance. The four (4) indices are established as follows:
(1) Percent of tax levy to full value of property. This shall be computed by dividing the tax levy of each municipality by the full value of property for each municipality. For the 1990-91 fiscal year, tax levy and full value shall be as of the assessment date December 31, 1986.
(2) Per capita income. This shall be the most recent estimate reported by the U.S. department of commerce, bureau of the census.
(3) Percent of personal income to full value of property. This shall be computed by multiplying the per capita income above by the most recent population estimate as reported by the U.S. department of commerce, bureau of the census, and dividing the result by the full value of property.
(4) Per capita full value of property. This shall be the full value of property divided by the most recent estimate of population by the U.S. department of commerce, bureau of the census.
(c) Distribution of funds. Funds shall be distributed to each eligible community on the basis of the community's tax levy relative to the total tax levy of all eligible communities. For the fiscal year 1990-91, the reference year for the tax levy shall be the assessment date of December 31, 1988. For each fiscal year thereafter, the reference year and the fiscal year shall bear the same relationship.
(d) Appropriation of funds. The state of Rhode Island shall appropriate to eligible communities the collections from the real estate conveyance tax pursuant to subsection 44-25-1(c) which have been deposited as general revenues. Provided, however, in fiscal years 2004 and 2005 the State of Rhode Island shall distribute to eligible communities the funds appropriated to the distressed communities relief program in the annual appropriation act, including collections from the video lottery terminal revenue pursuant to subsection 42-61.2-7(b).
(e) Payments. Payments
shall be made to eligible communities each March from amounts collected
pursuant to subsection 44-25-1(c) during the period July 1 to December 31 and
in August from collections during the period January 1 to June 30. Provided,
however, in fiscal years 2004 and 2005 payments shall be made to eligible
communities as follows: fifty percent (50%) in August of each fiscal year and
fifty percent (50%) in the following March of each fiscal year.
SECTION 3. This article shall take
effect as of July 1, 2003.
ARTICLE 17 SUBSTITUTE A AS AMENDED
RELATING TO OMNIBUS TAX
SECTION 1. Section 42-64.3-6 of the General Laws in
Chapter 42-64.3 entitled “Distressed Areas Economic Revitalization Act” is
hereby amended to read as follows.
42-64.3-6. Business tax credits. – A qualified business in an enterprise zone is allowed a credit against the tax imposed pursuant to chapters 11, 13 (except the taxation of tangible personal property under § 44-13-13), 14, 17, and 30 of title 44:
(1) A credit equal to fifty percent (50%) of the total amount of
wages paid to those enterprise job employees comprising the five percent (5%)
new jobs referenced in § 42-64.3-3(4)(i)(A). The wages subject to the credit
shall be reduced by any direct state or federal wage assistance paid to
employers for the employee(s) in the taxable year. The maximum credit allowed
per taxable year under the provisions of this subsection shall be ten
thousand dollars ($10,000), two thousand five hundred dollars ($2,500),
per employee. A taxpayer who takes this business tax credit shall not be
eligible for the resident business owner modification pursuant to § 42-64.3-7.
(2) A credit equal to seventy five percent (75%) of the total
amount of wages paid to those enterprise job employees who are domiciliaries of
an enterprise zone comprising the five percent (5%) new jobs referenced in §
42-64.3-3(4)(i)(A). The wages subject to the credit shall be reduced by any
direct state or federal wage assistance in the taxable year. The maximum credit
allowed per taxable year under the provisions of this subsection shall be fifteen
thousand dollars ($15,000) five thousand dollars ($5,000) per
employee. A taxpayer who takes this business tax credit is not eligible for the
resident business owner modification. The council shall promulgate appropriate
rules to certify that the enterprise job employees are domiciliaries of an
enterprise zone and shall advise the qualified business and the tax
administrator. A taxpayer taking a credit for employees pursuant to this
subsection (2) shall not be entitled to a credit pursuant to subsection (1) for
the employees.
(3) Any tax credit as provided in subsection (1) or (2) shall not reduce the tax below the minimum tax. Fiscal year taxpayers must claim the tax credit in the year into which the December 31st of the certification year falls. The credit shall be used to offset tax liability pursuant to the provisions of either chapters 11, 13, 14, 17, or 30 of title 44, but not more than one chapter.
(4) In the case of a corporation, the credit allowed under this section is only allowed against the tax of that corporation included in a consolidated return that qualifies for the credit and not against the tax of other corporations that may join in the filing of a consolidated tax return.
(5) In the case of multiple business owners, the credit provided in subsection (1) or (2) is apportioned according to the ownership interests of the qualified business.
(6) The tax credits established pursuant to this section may be carried forward for a period of three (3) years if in each of the three (3) calendar years a business which has qualified for tax credits under this section (a) does not reduce the number of its employees from the last Effective Date of Certification; (b) obtains certificates of good standing from the Rhode Island Division of Taxation, the corporations division of the Rhode Island Secretary of State and the appropriate municipal tax collector; (c) provides the Council an affidavit stating under oath that this business has not within the preceding twelve (12) months changed its legal status for the purpose of gaining favorable treatment under the provisions of chapter 64.3 of this title; and (d) meets any other requirements as may be established by the Council in its rules and regulations.
SECTION
2. Sections 42-64.3-7.1 and 42-64.3-8.1 of the
General Laws in Chapter 42-64.3 entitled "Distressed Areas Economic
Revitalization Act" are hereby repealed.
42-64.3-7.1. Tax credit for donations. --
Any taxpayer is allowed a credit of twenty percent (20%) against the tax
imposed by chapter 11, 13, 14, 17 or 30 of title 44 for donations to public
supported improvement projects in the zone, provided:
(1) The taxpayer obtain
certification from the city or town that the project is an endorsed zone
capital improvement project as defined and endorsed by the council;
(2) The taxpayer is
allowed a maximum credit of ten thousand dollars ($10,000) per taxable year;
(3) Any tax credit
shall not offset any tax liability in taxable years other than the year in
which the taxpayer qualifies for the credit. The credit shall not reduce the
tax below the minimum. The credit shall be used to offset tax liability
pursuant to the provisions of only one of the aforementioned chapters of title
44; and
(4) In the case of a
corporation, the credit allowed under this section is only allowed against the
tax of that corporation included in a consolidated return that qualifies for
the credit and not against the tax of other corporations that may join in the
filing of a consolidated tax return.
(5) The donation(s) for
a public supported improvement project in the zone are only those donations to
the respective enterprise zone to the extent allowed and claimed as a
charitable contribution on the donor's federal tax return for the tax year in
which the donation is made.
42-64.3-8.1. Interest income credit. --
A taxpayer is allowed a ten percent (10%) credit against taxes due under the provisions
of chapter 11, 13, 14, 17, or 30 of title 44 for interest earned and received
on loans made to qualified businesses the proceeds of which are and solely and
exclusively in the zone, after the effective date of designation of the zone,
provided:
(1) The taxpayer is
allowed a maximum credit of ten thousand dollars ($10,000) per taxable year.
(2) Any tax credit
provided shall not offset any tax liability in taxable years other than the
year in which the taxpayer qualifies for the credit. The credit shall not
reduce the tax below the minimum. The credit shall be used to offset tax
liability pursuant to the provisions of only one of the aforementioned chapters
of title 44, but not both.
(3) Provided further
that a one hundred percent (100%) credit against taxes due under chapter 11,
13, 14, 17, or 30 of title 44 for interest earned on loans made for the
rehabilitation of council certified industrial or commercial property located
in the zone after the effective date of designation of the zone for use in
construction, expanding or rehabilitation of industrial or commercial real
property shall be allowed provided that the amount of the loan shall be a
minimum of twenty-five percent (25%) of the qualified business' book value of
the real property and the credit shall not be counted against the maximum
credit provided in subsection (1), but shall be limited to twenty thousand
dollars ($20,000) per taxable year.
(4) In the case of a
corporation, the credit allowed under this section is only allowed against the
tax of that corporation included in a consolidated return that qualifies for
the credit and not against the tax of other corporations that may join in the
filing of a consolidated tax return.
SECTION 3.
Chapter 44-43.1 entitled "Small Business Tax Credit" is hereby
repealed.
44-43.1-1. Small business tax credit. – (a)For the
purposes of this section, a “small business” means any corporation,
partnership, sole proprietorship or other business entity qualifying as “small”
under the standards contained in 13 C.F.R. section 121.
(b) Every small business formed under the laws of the state of Rhode
Island and operating within the state of Rhode Island is entitled to claim as a
credit against the tax imposed by chapters 11, 17 and 30 of this title any
amount paid to the U.S. small business administration (SBA) as a guaranty fee
pursuant to the obtaining of SBA guaranteed financing. This credit may be
applied to the tax year in which the guaranty fee was paid and any unused
credit may be carried forward and applied by the taxpayer for a maximum of four
(4) subsequent tax years; provide, that the credit shall not reduce the tax in
any tax year below the minimum tax where a minimum tax is provided under this
title, and shall be claimable only by the small business which is the primary
obligor in the financing transaction and which actually paid the guaranty fee.
SECTION 4. Section 44-11-42 of the General Laws in Chapter 44-11
entitled “Corporations” is hereby repealed.
44-11-42. Tax credit for quality
certification. -- (a) Any taxpayer which receives a
quality standard certificate from the International Standard Organization shall
be entitled to a tax credit equal to the cost incurred to obtain the quality
standard certificate. The credit under this section may be taken as an offset
against the
(b) The tax administrator
is authorized and empowered to make rules and regulations as the administrator
shall deem necessary to carry out the purpose of this section.
SECTION 5.
Section 44-59-10 of the General Laws in Chapter 44-59 entitled "Uniform
Sales And Use Tax Administration Act" is hereby amended to read as
follows:
44-59-10. Sunset provision. --
This chapter shall be repealed on June 30, 2004 2005, without
further action by the general assembly, if the statutory amendments to the
sales and use tax law necessary to bring this state into compliance with the
Streamlined Sales and Use Tax Agreement are not enacted by the general assembly
by June 30, 2004 2005.
SECTION 6. Section 44-11-2 of the General Laws in
Chapter 44-11 entitled “Business Corporation Tax” is hereby amended to read as
follows:
44-11-2. Imposition of tax. – (a) Each corporation shall annually pay to the state a tax equal to nine percent (9%) of net income, as defined in § 44-11-11, qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 – 44-11-15, for the taxable year.
(b) A corporation shall pay the amount of any tax as computed in accordance with subsection (a) after deducting from "net income" as used in this section fifty percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if for the taxable year: (1) the corporation is engaged in buying, selling, dealing in, or holding securities on its own behalf and not as a broker, underwriter, or distributor; (2) its gross receipts derived from these activities during the taxable year amounted to at least ninety percent (90%) of its total gross receipts derived from all of its activities during the year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable consideration, received during the taxable year in connection with the conduct of the taxpayer's activities.
(c) A corporation shall not pay the amount of the tax computed on the basis of its net income under subsection (a), but shall annually pay to the state a tax equal to ten cents (10¢) for each one hundred dollars ($100) of gross income for the taxable year or a tax of one hundred dollars ($100), whichever tax shall be the greater, if for the taxable year the corporation is either a "personal holding company" registered under the federal Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real estate investment trust" as defined in the federal income tax law applicable to the taxable year. "Gross income" means gross income as defined in the federal income tax law applicable to the taxable year, plus (1) any interest not included in the federal gross income, minus (2) interest on obligations of the United States or its possessions, and other interest exempt from taxation by this state, and minus (3) fifty percent (50%) of the excess of capital gains over capital losses realized during the taxable year.
(d)(1) A small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except that the corporation shall be subject to the provisions of subsection (a), to the extent of the income that is subjected to federal tax under subchapter S.
(2) The shareholders of the corporation who are residents of
(3) If any shareholder of the corporation is a nonresident during
any part of the corporation's taxable year, he or she shall file a
(4) In the event:
(i) That the nonresident shareholder's executed agreement is not
attached to the
(ii) That the agreement set forth in subdivision (3) is attached to the corporate return, and after this if the nonresident shareholder fails to file a timely personal income tax return, then within thirty (30) days of the date of notice by the tax administrator to the corporation, the corporation shall remit to the tax administrator a portion of the share of the corporation's taxable income which was derived from or attributable to this state, this portion shall be computed at the rate set forth in subsection (a), of the nonresident shareholder's share of the corporation's income which was derived from or attributable to sources within this state.
(5) A nonresident shareholder is required to file a Rhode Island personal income tax return even though the shareholder's only source of Rhode Island income was his or her share of the corporation's income which was derived from or attributable to sources within this state, and the amount of remittance by the corporation on behalf of the nonresident shareholder shall be allowed as a credit against his or her Rhode Island personal income tax liability.
(e) Minimum tax. The tax imposed upon any corporation under this
section shall not be less than two five hundred fifty
dollars ($250 500).
SECTION 7. Section 44-12-1 of the General Laws in
Chapter 44-12 entitled “Franchise Tax” is hereby amended to read as follows:
44-12-1. Tax imposed – Corporations liable –
Credit for tax on income – Reduced rate where no business done. – (a) Every corporation, joint-stock
company, or association incorporated in this state or qualified to do business
in this state, whether or not doing business for profit, all referred to in
this section under the term "corporation", except those enumerated in
§ 44-12-11, shall pay an annual franchise tax to the state upon its authorized
capital stock of two and fifty one-hundredths dollars ($2 50/100) for each ten thousand dollars
($10,000) or fractional part or the sum of two five hundred fifty
dollars ($250.00 500), whichever is greater.
(b) In case of corporations liable to a tax under chapter 11 of this title, only the amount by which the franchise tax exceeds the tax payable under that chapter shall be assessed
(c) If a corporation shall show, by supplemental affidavit
attached to the return prescribed and signed in the manner provided for each
return that it has not, at any time during its preceding taxable year, been
engaged within the state in any business activities, it shall pay an annual
franchise tax upon its authorized capital stock only at the following rates: two
five hundred fifty dollars ($250.00 500) where the
stock does not exceed one million dollars ($1,000,000); and the further sum of
twelve dollars fifty cents ($12.50) for each additional one million dollars
($1,000,000) or fractional part of the stock.
SECTION 8.
Section 42-63.1-2 of the General Laws in Chapter 42-63.1 entitled "Tourism
and Development" is hereby amended to read as follows:
42-63.1-2. Definitions. -- For the purposes of this chapter:
(1) "Consideration" means the monetary charge for the use of space devoted to transient lodging accommodations.
(2)
"Corporation" means the
(3) "District" means the regional tourism districts set forth in section 42-63.1-5.
(4) "Hotel" means any facility offering a minimum of three (3) rooms for which the public may, for a consideration, obtain transient lodging accommodations. The term "hotel" shall include hotels, motels, tourist homes, tourist camps, lodging houses, and inns and shall exclude schools, hospitals, sanitariums, nursing homes, and chronic care centers.
(5) "Occupancy" means a person, firm or corporation's use of space ordinarily used for transient lodging accommodations not to exceed thirty (30) days. Excluded from "occupancy" is the use of space for which the occupant has a written lease for the space, which lease covers a rental period of twelve (12) months or more.
(6) "Tax" means the hotel tax imposed by subsection
44-18-36.1(a).
SECTION 9.
Section 44-18-36.1 of the General Laws in Chapter 44-18 entitled "Sales
and Use Taxes - Liability and Computation" is hereby amended to read as
follows:
44-18-36.1. Hotel tax. – (a)
There is imposed a hotel tax of five percent (5%) upon the total consideration
charged for occupancy of any space furnished by any hotel in this state. The
hotel tax is in addition to any sales tax imposed. This hotel tax is
administered and collected by the division of taxation and unless provided to
the contrary in this chapter, all the administration, collection, and other
provisions of chapters 18 and 19 of this title apply. Provided, that the city
of Newport shall collect the tax generated by hotels physically located within
the city of Newport, and, within ten (10) days of the receipt of the tax, shall
distribute the tax in accordance with section 42-63.1-3; provided, further,
that the city of Newport shall submit to the division of taxation, by the first
day of March and the first day of September of each year in which the city
collects the tax, a report detailing the city's receipts and distributions of
funds collected under this chapter for the prior six (6) month period ending
thirty (30) days prior to the reporting date. Nothing in this chapter shall be
construed to limit the powers of the convention authority of the city of
(b) There is hereby levied and imposed, upon the total consideration charged for occupancy of any space furnished by any hotel in this state, in addition to all other taxes and fees now imposed by law, a local hotel tax at a rate of one percent (1%). The local hotel tax shall be administered and collected in accordance with subsection (a).
(c) All sums received by the division of taxation from the
local hotel tax, penalties or forfeitures, interest, costs of suit and fines
shall be distributed at least quarterly, credited and paid by the state
treasurer to the city or town where the space for occupancy that is furnished
by the hotel is located. Unless provided to the contrary in this chapter, all
of the administration, collection, and other provisions of chapters 18 and 19
of this title shall apply.
SECTION
10. Section 44-30-97 of the General Laws in Chapter
44-30 entitled "Personal Income Tax" is hereby repealed.
44-30-97. Tax credit for residential lead
abatement. -- (a) An individual shall be entitled to a tax
credit for residential lead removal or lead hazard reduction when he or she (1)
obtains written certification by an environmental lead inspector, certified
pursuant to chapter 24.6 of title 23, that lead removal or lead hazard
reduction for his/her dwelling unit in Rhode Island is required by rules or
regulations issued pursuant to authority conferred under chapter 24.6 of title
23; (2) has the required lead removal or lead hazard reduction performed by a
lead hazard reduction contractor licensed pursuant to chapter 24.6 of title 23;
(3) pays for the lead removal or lead hazard reduction; and (4) obtains written
certification by an environmental lead inspector, certified pursuant to chapter
24.6 of title 23, that the required lead removal or lead hazard reduction for
the dwelling unit has been completed in accordance with all applicable
requirements and that the dwelling is acceptable for re-occupancy.
(b) The tax credit
shall be equal to the amount actually paid for the required lead removal or
lead hazard reduction up to a maximum of one thousand dollars ($1,000) per
dwelling unit. In the event that (a) multiple owners of the dwelling unit or
(b) owner(s) and renter(s)/lessee(s) of the dwelling unit have jointly incurred
costs and paid for the lead removal/lead hazard reduction, the one thousand
dollar ($1,000) credit shall be divided proportionally among such persons based
on their respective contributions to the cost of lead removal/lead hazard
reduction.
(c) Any amount of tax
credit not used in the taxable year of certification may be carried forward and
applied to the individual's tax liability for any one or more of the succeeding
five (5) taxable years. The credit may not be applied until all other credits
available to the taxpayer for that taxable year have been applied.
SECTION
11. Title 44 of the General Laws entitled "Taxation" is hereby amended by
adding thereto the following chapter:
CHAPTER
30.3
RESIDENTIAL LEAD ABATEMENT INCOME TAX CREDIT
44-30.3-1. Residential lead
abatement tax relief -- Limitation. – (a) Appropriations from the general fund for property tax
relief provided by this chapter are in the amount of two hundred and fifty
thousand dollars ($250,000) for the year commencing on July 1, 2004, and for
each subsequent fiscal year.
(b) A
claimant shall be entitled to tax relief for residential lead removal or lead
hazard reduction when he or she: (1) obtains a housing resources commission
regulated certificate of conformance for mitigation, pursuant to chapter 24.6
or title 23; or (2) obtains a department of health regulated lead safe
certificate for abatement, pursuant to chapter 24.6 of title 23. The lead paint
tax relief shall only apply to residential premises. Residential premises shall
include single-family homes, individual condominiums, and individual units in
either apartment buildings or multi-family homes.
(c) The tax
relief shall be equal to the amount actually paid for the required lead
abatement or lead hazard mitigation up to a maximum of one thousand five
hundred dollars ($1,500) per dwelling unit for mitigation and up to five
thousand dollars ($5,000) per dwelling unit for abatement, as specified under
subsection (b) above. In the event
that: (1) multiple owners of the dwelling unit; or (2) owner(s) along with the renter(s)/lessee(s)
of the dwelling unit have jointly incurred costs and paid for the lead
abatement/lead hazard mitigation, each individual must apply for relief as a
separate claimant, and must include all required proof of payment and
certifications, based on their respective contributions to the cost of lead
abatement/lead hazard mitigation.
44-30.3-2. Residential lead
abatement tax relief – Income eligibility. – Claims shall
be paid based on the following requirements:
(a) A claimant whose household income was
equal to or less than thirty-five thousand two-hundred dollars ($35,200) during
the year for which the claim was filed will have their claim paid prior to the
payment of other claims in accordance with the requirements of this chapter.
(b) A claimant who rents or leases a
dwelling unit to individuals whose household income was equal to or less than
thirty-five thousand two-hundred dollars ($35,200) during the year for which
the claim was filed shall not be paid until the total amount of all claims has
been paid under subsection (a).
(c) All other claimants, without regard to
income or property ownership, shall not be paid until the total amount of all
claims has been paid under subsections (a) and (b).
(d) If insufficient funds exist annually
to pay the full amount of all claims, the tax administrator shall make payments
to each claimant proportionately for those claims made pursuant to subsection
(c). No payment shall exceed one hundred
percent (100%) of the amount of the claim.
(e) On July 1st of each year,
the maximum amount of allowable income for claimants set forth in subsections
(a) and (b) shall be increased by a percentage equal to the percentage of the cost
of living adjustment provided for social security recipients.
44-30.3-3. Definitions. – As used in this chapter:
(1) "Claimant" means a property
owner or lessee, who has filed a claim under this chapter and was domiciled in
this state for the entire calendar year for which he or she files a claim for
relief under this chapter. In the case
of a claim for rented or leased residential premises, the claimant shall have
rented property during the preceding year for which he or she files for relief
under this chapter. Claimant does not
mean or include any person claimed as a dependent by any taxpayer under the
Internal Revenue Code. When two (2)
individuals of a household are able to meet the qualifications for a claimant,
they may determine between themselves as to who the claimant is. If they are unable to agree, the matter is
referred to the tax administrator and his or her decision is final. If a property is owned by two (2) or more
individuals, and more than one individual is able to qualify as a claimant, and
some or all of the qualified individuals are not related, the individuals may
determine among themselves as to who the claimant is. If they are unable to agree, the matter is referred to the tax
administrator, and his or her decision is final.
(2) "Household" means one or
more persons occupying a dwelling unit and living as a single nonprofit
housekeeping unit.
"Household" does not include bona fide lessees, tenants, or
roomers and boarders on contract.
(3) "Household income" means all
income received by all persons of a household in a calendar year while members
of the household.
(4) "Income" means the sum of
federal adjusted gross income as defined in the Internal Revenue Code of the
United States, 26 U.S.C. section 1 et seq., and all nontaxable income
including, but not limited to, the amount of capital gains excluded from
adjusted gross income, alimony, support money, nontaxable strike benefits, cash
public assistance and relief (not including relief granted under this chapter),
the gross amount of any pension or annuity (including Railroad Retirement Act
(see 45 U.S.C. section 231 et seq.)) benefits, all payments received under the
federal Social Security Act, 42 U.S.C. section 301 et seq., state unemployment
insurance laws, and veterans' disability pensions (see 38 U.S.C. section 301 et
seq.), nontaxable interest received from the federal government or any of its
instrumentalities, workers' compensation, and the gross amount of "loss of
time" insurance. It does not
include gifts from nongovernmental sources, or surplus foods or other relief in
kind supplied by a public or private agency.
44-30.3-4. Claim is personal.
– The right to file a claim under this
chapter is personal to the claimant and shall not survive his or her death, but
the right may be exercised on behalf of a claimant by his or her legal guardian
or attorney-in-fact. If a claimant dies
after having filed a timely claim, the amount of the claim is disbursed to
another member of the household as determined by the tax administrator. If the claimant was the only member of his
or her household, the claim may be paid to his or her executor or
administrator, but if neither is appointed and qualified within two (2) years
of the filing of the claim, the amount of the claim escheats to the state.
44-30.3-5. Claim as income
tax credit or rebate from state funds. – Subject
to limitations provided in this chapter, a claimant may claim in any year as a
credit against
44-30.3-6. Filing date. – No claim shall be paid or allowed, unless the claim is
actually filed with and in the possession of the division of taxation on or
before April 15 of the year in which the credit is applied or a rebate granted
on taxes accrued in the proceeding calendar year.
44-30.3-7. Satisfaction of
outstanding liabilities. – The
amount of any claim payable under this chapter may be applied by the division
of taxation against any outstanding liability on the books of the division or
against any debt owed to a "claimant agency," as defined in section
44-30.1-1, subject to the collection by setoff of a personal income tax refund
pursuant to chapter 30.1 of this title.
The application of debt or setoff is effective against the claimant or
against anyone who was a member of the claimant's household in the year to
which the claim relates.
44-30.3-8. Administration. – The tax administrator shall make available suitable forms
with instructions for claimants, including a form which may be included with or
as part of the individual income tax blank.
The claim shall be in a form that the tax administrator prescribes. The tax administrator may prescribe rules
and regulations, not inconsistent with law, to carry into effect the provisions
of this chapter, which rules and regulations, when reasonably designed to carry
out the intent and purpose of this chapter, are prima facie evidence of their
proper interpretation.
44-30.3-9. Proof of claim. – Every claimant under this chapter shall supply to the
division of taxation in support of his or her claim, written proof of lead
hazard reduction or mitigation costs paid, name and address of owner or
managing agent of property rented, and written certification that the required
lead removal or lead hazard reduction for the dwelling unit has been completed,
in accordance with section 44-30.3-1.
44-30.3-10. One abatement
claim per dwelling unit. – Only
one abatement claim may be filed for any dwelling unit. If a mitigation claim, as defined in
subsection 44-30.3-1 (b), has previously been filed for the same dwelling unit,
the amount of the abatement claim will be reduced by the amount of the
mitigation claim already paid for the dwelling unit, even if the dwelling unit
has been transferred to another owner or lessee.
44-30.3-11. Three dwelling
units per claimant. – Each claimant may only claim
relief for mitigation or abatement efforts for three (3) separate dwelling
units.
44-30.3-12. Denial of claim. –
If it is determined that a claim is
excessive and was filed with fraudulent intent, the claim is disallowed in
full, and, if the claim has been paid or a credit has been allowed against
income taxes otherwise payable, the credit is cancelled and the amount paid may
be recovered by assessment and the assessment shall bear interest from the date
of payment or credit of the claim, until refunded or paid, at the rate of one
percent (1%) per month. The claimant in
that case, and any person who assisted in the preparation or filing of the
excessive claim or supplied information upon which the excessive claim was
prepared, with fraudulent intent, is guilty of a misdemeanor. If it determined that a claim is excessive
and was negligently prepared, ten percent (10%) of the corrected claim shall be
disallowed, and if the claim had been paid or credited against income taxes
otherwise payable, the credit shall be reduced or canceled, and the proper
portion of any amount paid shall be similarly recovered by assessment, and the
assessment shall bear interest at an annual rate provided by section 44-1-7, as
amended, from the date of payment until refunded or paid.
44-30.3-13. Appeals. – Any person aggrieved by the decision of the tax
administrator denying, in whole or in part, relief claimed under this chapter,
except when the denial is based upon late filing of claim for relief may appeal
the decision of the tax administrator to the sixth (6th) division of
the district court by filing a petition within thirty (30) days after the
denial.
44-30.3-14. Extension of time
for filing claims. – In case of sickness, absence,
or other disability, or if, in his or her judgment, good cause exists, the tax
administrator may extend for a period not to exceed six (6) months the time for
filing a claim.
44-30.3-15. Severability. – If any provision of this chapter, or its application to any
person or circumstances, is held unconstitutional or otherwise invalid, the
remaining provisions of this chapter and the application of the provisions to
other persons or circumstances, other than those to which it is held invalid,
shall not be affected by the invalidity.
SECTION 12.
Sections 1, 2, 3, and 4 of this article shall take effect upon passage and
shall apply to tax years ending on or after January 1, 2004. Sections 6 and 7
of this article shall take effect upon passage and shall apply to tax years
beginning on or after January 1, 2004. Sections 8 and 9 shall take effect on
January 1, 2005. Sections 10 and 11
shall take effect upon passage and apply to tax years beginning on or after
January 1, 2005. The remaining section of this article shall take effect upon
passage.
ARTICLE 18 SUBSTITUTE A AS AMENDED
Relating To Motor Fuel Tax
SECTION 1. Section 31-36-20 of the General Laws in
Chapter 31-36 entitled “Motor Fuel Tax” is hereby amended to read as follows:
31-36-20. Disposition of proceeds. – (a) Notwithstanding any other
provision of law to the contrary, all moneys paid into the general treasury
under the provisions of this chapter or chapter 37 of this title shall be
applied to and held in a separate fund and be deposited in any depositories
that may be selected by the general treasurer to the credit of the fund, which
fund shall be known as the Intermodal Surface Transportation Fund; provided,
that in fiscal year 2004 for the months of July through April six and
eighty-five hundredth cents ($0.0685) per gallon of the tax imposed and
accruing for the liability under the provisions of § 31-36-7, less refunds and
credits, shall be transferred to the Rhode Island public transit authority as
provided under § 39-18-21, .
For the months of May and June in fiscal year 2004, the allocation shall
be five and five hundredth cents ($0.0505). and one Thereafter,
the allocation shall be six and twenty-five hundredth cents ($0.0625). One
cent ($0.01) per gallon shall be transferred to the Elderly/Disabled
Transportation Program of the department of elderly affairs, and the remaining
cents per gallon shall be available for general revenue as determined by the
following schedule:
(i) For the fiscal year 2000, three and one fourth cents ($0.0325) shall be available for general revenue.
(ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for general revenue.
(iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general revenue.
(iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for general revenue.
(v) For the months of July through April in fiscal year
2004, and thereafter, one and four-tenths cents ($0.014) shall be
available for general revenue. For
the months of May through June in fiscal year 2004, three and two-tenths cents
($0.032) shall be available for general revenue, and thereafter, two cents
($0.02) shall be available for general revenue.
(2) All deposits and transfers of funds made by the tax
administrator under this section, including those to the
(3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined by the Director of the Rhode Island Department of Transportation, or his or her designee, or at the election of the Director of the Rhode Island Department of Transportation, with the approval of the Director of the Department of Administration, to an indenture trustee, administrator, or other third party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax imposed, in order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint Resolution and Enactment Approving the Financing of Various Department of Transportation Projects adopted during the 2003 session of the General Assembly, and approved by the Governor.
(b) Notwithstanding any other provision of law to the contrary,
all other funds in the fund shall be dedicated to the department of
transportation, subject to annual appropriation by the general assembly. The
director of transportation shall submit to the general assembly, budget office
and office of the governor annually an accounting of all amounts deposited in
and credited to the fund together with a planned budget for proposed
expenditures for the succeeding fiscal year in compliance with §§ 35-3-1 and
35-3-4. On order of the director of transportation, the state controller is
authorized and directed to draw his or her orders upon the general treasurer
for the payments of any sum or portion of the sum that may be required from
time to time upon receipt of properly authenticated vouchers.
(c) At any time the amount of the fund is insufficient to fund the expenditures of the department of transportation, not to exceed the amount authorized by the general assembly, the general treasurer is authorized, with the approval of the governor and the director of administration, in anticipation of the receipts of monies enumerated in § 31-36-20 to advance sums to the fund, for the purposes specified in § 31-36-20, any funds of the state not specifically held for any particular purpose. However, all the advances made to the fund shall be returned to the general fund immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the extent of the advances.
SECTION 2. This
article shall take effect as of July 1, 2003.
ARTICLE 19 SUBSTITUTE A
Relating To
SECTION
1. There is hereby created within the superior court
the position of Drug Court Magistrate who shall be appointed by the presiding
justice of the superior court. The person appointed to serve as Drug Court
Magistrate shall be a member of the bar of Rhode Island. The powers and duties
of the Drug Court Magistrate shall be prescribed in the order appointing him or
her.
The
Drug Court Magistrate’s term shall not exceed three (3) years. His or her
salary shall be paid not out of state funds, but rather from those funds made
available from the federal government. If federal funds become available after
the expiration of three (3) years, nothing in this article shall prohibit the
Drug Court Magistrate from being reappointed for an additional three (3) year
term by the presiding justice of the superior court. He or she shall receive a
salary equivalent to that received by the special magistrate assigned to the
superior court.
SECTION
2. This article shall take effect upon passage.
ARTICLE 20 SUBSTITUTE A
RELATING TO HUMAN SERVICES – STATE INCOME TAX REFUND INTERCEPT
SECTION 1. Sections 44-30.1-1, 44-30.1-3, 44-30.1-4 and
44-30.1-8 of the General Laws in Chapter 44-30.1 entitled “ Setoff of Refund of
Personal Income Tax” are hereby amended to read as follows:
44-30.1-1. Definitions. – (a) "Claimant agency" means either:
(1) The department of human services, with respect to (1)
past-due support which has been assigned to the department of human services by
public assistance and medical assistance recipients or by the department for
children, youth and families, and with respect to (2) past-due
support which it is attempting to collect on behalf of any individual not
eligible as a public assistance recipient, and (3) cash assistance benefit
overpayments, as defined herein; or
(2)(i) The Rhode Island higher education assistance authority (RIHEAA), with respect to obligations owed to that agency or to the state of Rhode Island by reason of default or failure to pay student loans, health professions contract advances or scholarships or grant overawards, or
(ii) The Rhode Island higher education assistance authority (RIHEAA), acting as agent for the United States department of education or other student loan guarantee agencies in other states which have negotiated a reciprocal arrangement with the RIHEAA for the setoff of refunds of personal income taxes against defaulted loan obligations.
(3) The Rhode Island court administrative office, with respect to court costs, fines, and restitution owed; or
(4) The department of labor and training with respect to benefit overpayments and interest owed in excess of five hundred dollars ($500).
(b) "Court costs owed" means any amount which has been assessed pursuant to a criminal disposition by a judge of the district, family and superior courts, including but not limited to those amounts assessed pursuant to chapters 20 and 25 of title 12 and those amounts assessed pursuant to title 31, which has not been paid and which has been declared delinquent by the administrative judge of the court making the assessment.
(c) "Debtor" means:
(1) any individual who owes past-due support
which has been assigned to the department of human services by public
assistance and medical assistance recipients or by the department for of
children, youth and their families, or owes past due support to
any individual not eligible as a public assistance recipient;
(2) any individual who has obligations owed to RIHEAA or the state of Rhode Island, the United States department of education or other states and agencies as have negotiated reciprocal agreements with RIHEAA;
(3) any individual who owes court costs or fines
to the and District Courts;
(4) any individual who owes restitution to any
victim of any offense which has been ordered by a Judge of the District, Family
and Superior Courts pursuant to a disposition in a criminal case and which has
been made payable through the administrative office of state courts pursuant to
§ 12-19-34 except that obligations discharged in bankruptcy shall not be
included; and
(5) any individual who owes any sum in excess of five hundred
dollars ($500) for benefit overpayments and interest to the department of labor
and training determined to be recoverable under the provisions of chapters
39-44 of title 28. ; and
(6) any individual who owes any sum of cash assistance benefit
overpayments to the department of human services.
(d) "Division" means the department of administration, division of taxation.
(e) "Fines owed" means any amount which has been ordered paid as a penalty in a criminal case by a judge of the District, Family and Superior Courts which has not been paid and which has been declared delinquent by the administrative judge of the court making the assessment.
(f) "Obligation owed" means the total amount owed by any individual on:
(1) Any guaranteed student loan or parent loan for undergraduate students for which RIHEAA has had to pay the guarantee, or for which RIHEAA is acting as agent on behalf of the United States department of education or other state cooperating agencies which have had to pay a guarantee,
(2) Any contract fee advanced by either RIHEAA or the state of Rhode Island on behalf of any individual participating in a health professions educational program for which payment has not been made according to the terms of the contract, and
(3) Any amount of scholarship or grant funds which constitutes an overaward, whether due to error or to the submission of false information, and for which repayment has been demanded by the agency, but which has not been paid.
(g) "Past-due support" means the amount of court-ordered child support or maintenance, child medical support or a spousal support order for a custodial parent having custody of a minor child, which is overdue or otherwise in arrears, regardless of whether there is an outstanding judgment for that amount, and whether the order for the support or maintenance has been established by a court or by an administrative process authorized under the laws of any state.
(h) "Refund" means the
(i) "Restitution owed" means any amount which has been ordered paid pursuant to a criminal case disposition by a judge of the district, family and superior courts pursuant to chapter 19 of title 12, which has not been paid and which has been declared delinquent by the administrative judge of the court making the assessment.
(j) "Benefit overpayments and interest owed" means any amount in excess of five hundred dollars ($500) determined to be recoverable under the provisions of chapters 39-44 of title 28.
(k) "Cash assistance benefit overpayments”means any amount
of cash assistance benefits which constitutes an overpayment of benefits under
the provisions of the Family
Independence Act, chapter 5.1 of title 40, and/or the predecessor family
assistance program, formerly known as the Aid to Families With Dependent
Children program, as previously established by section 40-6-4 of the general laws,
which overpayment amount has been
established by court order, by administrative hearing conducted by the
department of human of human services, or by written agreement between the
department of human services and the individual.
44-30.1-3. Collection of debts by
setoff. – Within a
time frame established by the division, the claimant agency shall supply the
information necessary relative to each debtor owing the state money, and
further, shall certify the amount of debt or debts owed to the state by each
debtor. Upon receiving notice from the claimant agency that a named debtor owes
past-due support, delinquent court costs, fines, or restitution or benefit
overpayments and interest owed, or has obligations owed as
described in § 44-30.1-1(f) above, or cash assistance benefit overpayments,
the division shall determine whether any amount, as a refund of taxes paid, is
payable to the debtor, regardless of whether the debtor filed an income tax return
as a married or unmarried individual. If the division determines that any
refund is payable, the division shall setoff the past-due support, delinquent
court costs, fines or restitution or benefit overpayments and interest owed,
or the obligation owed, or cash assistance benefit overpayments
against the debtor's refund and shall reduce the debtor's refund by the amount
so determined. The division shall transfer the amount of past-due support,
delinquent court costs, fines or restitution, or benefit overpayments and
interest owed, or obligation owed, or cash assistance benefit
overpayments setoff against the debtor's refund to the claimant agency or
in the case of the United States department of education or other out-of-state
agencies, to Rhode Island Higher Education Assistance Authority (RIHEAA) as its
agent. The pendency of judicial proceedings to contest the setoff shall not
stay nor delay the setoff and transfer of refunds to the claimant agency. If
the amount of the debtor's refund exceeds the amount of the past-due support,
delinquent court costs, fines, or restitution or benefit overpayments and
interest owed, or obligation owed, or cash assistance benefit
overpayments, the division shall refund the excess amount to the debtor. If
in any instance with regard to the debtor the division has received notice from
more than one claimant agency, the claim by the bureau of child support shall
receive first priority, the obligations owed shall have second priority, and
the delinquent court costs, fines or restitution shall have third priority,
and the benefit overpayments and interest owed the fourth priority and
the cash assistance benefit overpayments the fifth priority.
44-30.1-4. Procedures for setoff and notification of a debtor. – (a) The division shall prescribe the time or times at which the claimant agency must submit notices of past-due support, the manner in which the notices must be submitted, and the necessary information that must be contained in or accompany the notices. The division shall, from time to time, determine the minimum amount of claim to which the set-off procedure may be applied.
(b) Prior to submitting information relating to a
debtor for purposes of setoff of the debtor's income tax refund, the claimant
agency shall provide written notice to each debtor, the amount of past-due
support, delinquent court costs, fines or restitution, or benefit overpayments
and interest owed, or other obligation owed, or cash
assistance benefit overpayments, the intention to setoff the amount owed
against the refund, the debtor's right to an administrative hearing to contest
the setoff upon written request made within thirty (30) days of the mailing of
the notice to the debtor, the debtor's right to judicial review of the
administrative hearing decision, the general nature of the potential defenses
available to the debtor, and, in general terms, the rights of non-obligated
spouses with respect to income tax refunds in the event a joint return is
filed.
(c) At the time of the transfer of funds to a claimant
agency as provided in this chapter, the division shall notify the debtor whose
refund is sought to be setoff that the transfer has been made. The notice shall
state the name of the debtor, the amount of the past-due support being claimed,
the transfer of funds to the claimant agency, the amount of the refund in
excess of the amount claimed, if any. In the case of a joint refund, the notice
shall also state the name of a taxpayer-spouse named in the return, if any,
against whom no past-due support, delinquent court costs, fines or restitution,
or benefit overpayments and interest owed, or obligation owed,
or cash assistance benefit overpayments is claimed, the opportunity to
request that the refund be divided between the spouses by filing an amended
income tax return in conformance with § 44-30-11 showing each spouse's share of
the tax and the contribution to the overpayment of tax resulting in the refund.
(d) Upon receipt of funds transferred from the division, the claimant agency deposits and holds the funds in an escrow account until final determination of setoff. Upon final determination of the amount of the claim to be setoff by (1) default for failure to apply for a hearing pursuant to subsection (b), or by (2) decision of the hearing officer pursuant to § 44-30.1-5, the claimant agency shall remove the account of the claim payment from the escrow account, and credit the amount to the debtor's obligation. The pendency of judicial proceedings pursuant to § 42-35-15 to review the administrative decision shall not stay nor delay the setoff, transfer, and disbursement of the tax refund in question.
(e) With respect to setoff for past-due support, or cash assistance benefit overpayments, the division shall provide the debtor's address and social security number to the department of human services.
(f) With respect to setoff for past-due support, the department of human services must inform a non-public assistance custodial parent in advance if it will first apply any setoff amount to be received from the division to satisfy past-due support assigned to it.
44-30.1-8. Confidentiality
exemption – Nondisclosure. –
The division may provide to a claimant agency the information necessary to
accomplish and effectuate the intent of this chapter. The information obtained
by a claimant agency from the division in accordance with the provisions of
this article retains its confidentiality and is only used by a claimant agency
in pursuit of its past-due support, or obligation owed, or
cash assistance benefit overpayments collection duties and practices; and
any employee or prior employee of any claimant agency who unlawfully discloses
that information for any other purpose, except as specifically authorized by
law, is subject to the penalties specified by § 44-30-95(c).
SECTION 2. Section 44-30.1.1 of the General Laws in
Chapter 44-30.1 entitled “Setoff of Refund of Personal Income Tax” is hereby
amended to read as follows:
44-30.1-1. Definitions. -- (a) "Claimant agency" means either:
(1) The department of human services, with respect to past-due support which has been assigned to the department of human services by public assistance and medical assistance recipients or by the department for children, youth and families, and with respect to past-due support which it is attempting to collect on behalf of any individual not eligible as a public assistance recipient; or
(2)(i) The Rhode Island higher education assistance authority (RIHEAA), with respect to obligations owed to that agency or to the state of Rhode Island by reason of default or failure to pay student loans, health professions contract advances or scholarships or grant overawards, or to pay student loans, health professions contract advances or scholarships or grant overawards, or
(ii) The Rhode Island higher education assistance authority (RIHEAA), acting as agent for the United States department of education or other student loan guarantee agencies in other states which have negotiated a reciprocal arrangement with the RIHEAA for the setoff of refunds of personal income taxes against defaulted loan obligations.
(3) The Rhode Island court administrative office, with respect to court costs, fines, and restitution owed; or
(4) The department of labor and training with respect to benefit overpayments and interest owed in excess of five hundred dollars ($500).
(b) "Court costs owed" means any amount fines,
fees, and/or court costs which has have been assessed
pursuant to a criminal disposition by a judge of the district, family and
superior courts, including but not limited to those amounts assessed pursuant
to chapters 20 and 25 of title 12 and those amounts assessed pursuant to title
31, including also those fines, fees, and/or court costs assessed by the
traffic tribunal or municipal court associated with motor vehicle violations which
has have not been paid and which has have been
declared delinquent by the administrative judge of the court making the
assessment.
(c) "Debtor" means:
(1) any individual who owes past-due support which has been assigned to the department of human services by public assistance and medical assistance recipients or by the department for children and their families, or owes past due support to any individual not eligible as a public assistance recipient;
(2) any individual who has obligations owed to RIHEAA or the state of Rhode Island, the United States department of education or other states and agencies as have negotiated reciprocal agreements with RIHEAA;
(3) any individual who owes fines, fees, and/or court costs
or fines to the and District Courts; and the traffic tribunal
and municipal court associated with motor vehicle violations;
(4) any individual who owes restitution to any victim of any offense which has been ordered by a Judge of the District, Family and Superior Courts pursuant to a disposition in a criminal case and which has been made payable through the administrative office of state courts pursuant to § 12-19-34 except that obligations discharged in bankruptcy shall not be included; and
(5) any individual who owes any sum in excess of five hundred dollars ($500) for benefit overpayments and interest to the department of labor and training determined to be recoverable under the provisions of chapters 39-44 of title 28.
(d) "Division" means the department of administration, division of taxation.
(e) "Fines owed" means any amount fines, fees,
and/or court costs which has have been ordered paid as a
penalty in a criminal case by a judge of the District, Family and Superior
Courts and those fines, fees, and/or court costs ordered paid by the traffic
tribunal or municipal court for motor vehicle violations as described in
§31-41.1-4 which has have not been declared delinquent by the
administrative judge of the court making the assessment.
(f) "Obligation owed" means the total amount owed by any individual on:
(1) Any guaranteed student loan or parent loan for undergraduate students for which RIHEAA has had to pay the guarantee, or for which RIHEAA is acting as agent on behalf of the United States department of education or other state cooperating agencies which have had to pay a guarantee,
(2) Any contract fee advanced by either RIHEAA or the state of Rhode Island on behalf of any individual participating in a health professions educational program for which payment has not been made according to the terms of the contract, and
(3) Any amount of scholarship or grant funds which constitutes an overaward, whether due to error or to the submission of false information, and for which repayment has been demanded by the agency, but which has not been paid.
(g) "Past-due support" means the amount of court-ordered child support or maintenance, child medical support or a spousal support order for a custodial parent having custody of a minor child, which is overdue or otherwise in arrears, regardless of whether there is an outstanding judgment for that amount, and whether the order for the support or maintenance has been established by a court or by an administrative process authorized under the laws of any state.
(h) "Refund" means the
(i) "Restitution owed" means any amount which has been ordered paid pursuant to a criminal case disposition by a judge of the district, family and superior courts pursuant to chapter 19 of title 12, which has not been paid and which has been declared delinquent by the administrative judge of the court making the assessment.
(j) "Benefit overpayments and interest owed" means any amount in excess of five hundred dollars ($500) determined to be recoverable under the provisions of chapters 39-44 of title 28.
SECTION 3. Section 1 of this article shall take effect as of July 1, 2004. Section 2 of this article shall take effect upon passage.
ARTICLE 21 SUBSTITUTE A AS AMENDED
RELATING TO LICENSING OF HOSPITAL FACILITIES
SECTION 1. Section 23-17-38.1 of the General Laws in
Chapter 23-17 entitled “Licensing of Health Care Facilities” is hereby amended
as follows:
23-17-38.1. Hospitals-- Licensing fee. --
(a) There is imposed a hospital licensing fee at the rate of four percent
(4.0%) three and fourteen hundredths percent (3.14%) upon the net
patient services revenue of every hospital for the hospital's first fiscal year
ending on or after January 1, 2001 2003. This licensing fee shall
be administered and collected by the tax administrator, division of taxation
within the department of administration, and all the administration, collection
and other provisions of chapter 50 and 51 of title 44 shall apply. Every
hospital shall pay the licensing fee to the tax administrator on or before October
31 December 15, 2003 2004 and payments shall be made
by electronic transfer of monies to the general treasurer and deposited to the
general fund in accordance with § 44-50-11. Every hospital shall, on or before October
1 November 30, 2003 2004, make a return to the tax
administrator containing the correct computation of net patient services
revenue for the hospital fiscal year ending September 30, 2001 2003
and the licensing fee due upon that amount. All returns shall be signed by the
hospital's authorized representative, subject to the pains and penalties of
perjury.
(b) For purposes of this section the following words and phrases have the following meanings:
(1) "Hospital" means a person or governmental unit duly licensed in accordance with this chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and primary bed inventory are psychiatric.
(2) "Gross patient services revenue" means the gross revenue related to patient care services.
(3) "Net patient services revenue" means the charges related to patient care services less (i) charges attributable to charity care, (ii) bad debt expenses, and (iii) contractual allowances.
(c) The tax administrator shall make and promulgate any rules, regulations, and procedures not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper administration of this section and to carry out the provisions, policy and purposes of this section.
(d) The licensing fee imposed by this section shall be in addition to the inspection fee imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1.
SECTION 2.
This article shall take effect on July 1, 2004 and shall apply to
hospitals, as defined in Section 1, which are duly licensed on July 1, 2004.
The licensing fee imposed by Section 1 shall be in addition to the inspection
fee imposed by Section 23-17-38 and to any licensing fees previously imposed in
accordance with Section 23-17-38.1.
ARTICLE 22 SUBSTITUTE A AS AMENDED
RELATING TO HEALTH INSURANCE -- EARLY INTERVENTION SERVICES
SECTION 1. Chapter 27-18 of the
General Laws entitled "Accident and Sickness Insurance Policies" is
hereby amended by adding thereto the following section:
27-18-63. Coverage for early intervention
services. -- (a) Every
individual or group hospital or medical expense insurance policy or contract
providing coverage for dependent children, delivered or renewed in this state
on or after the effective date of this act, shall include coverage of early
intervention services which coverage shall take effect no later than January 1,
2005. Such coverage shall be limited to a benefit of five thousand dollars
($5,000) per dependent child per policy or calendar year and shall not be
subject to deductibles and coinsurance factors. Any amount paid by an insurer
under this section for a dependent child shall not be applied to any annual or
lifetime maximum benefit contained in the policy or contract. For the purpose of this section, "early
intervention services" means, but is not limited to, speech and language
therapy, occupational therapy, physical therapy, evaluation, case management,
nutrition, service plan development and review, nursing services, and assistive
technology services and devices for dependents from birth to age three (3) who
are certified by the department of human services as eligible for services
under part C of the individuals with disabilities education act (20 U.S.C. sec.
1471 et seq.).
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified early intervention providers, who are designated as such by the Department of Human Services, for early intervention services as defined in this section at rates of reimbursement equal to or greater than the prevailing integrated state/Medicaid rate for early intervention services as established by the Department of Human Services.
SECTION 2. Chapter 27-19 of the
General Laws entitled "Nonprofit Hospital Service Corporations" is
hereby amended by adding thereto the following section:
27-19-54. Coverage for early intervention
services. -- (a) Every individual or group hospital or medical
expense insurance policy or contract providing coverage for dependent children,
delivered or renewed in this state on or after the effective date of this act,
shall include coverage of early intervention services which coverage shall take
effect no later than January 1, 2005.
Such coverage shall be
limited to a benefit of five thousand dollars ($5,000) per dependent child per
policy or calendar year and shall not be subject to deductibles and coinsurance
factors. Any amount paid by an insurer under this section for a dependent child
shall not be applied to any annual or lifetime maximum benefit contained in the
policy or contract. For the purpose of
this section, "early intervention services" means, but is not limited
to, speech and language therapy, occupational therapy, physical therapy,
evaluation, case management, nutrition, service plan development and review,
nursing services, and assistive technology services and devices for dependents
from birth to age three (3) who are certified by the department of human
services as eligible for services under part C of the individuals with
disabilities education act (20 U.S.C. sec. 1471 et seq.).
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified early intervention providers, who are designated as such by the Department of Human Services, for early intervention services as defined in this section at rates of reimbursement equal to or greater than the prevailing integrated state/Medicaid rate for early intervention services as established by the Department of Human Services.
SECTION 3. Chapter 27-20 of the
General Laws entitled "Nonprofit Medical Service Corporations" is
hereby amended by adding thereto the following section:
27-20-49. Coverage for early intervention
services. -- (a) Every individual or group hospital or medical
expense insurance policy or contract providing coverage for dependent children,
delivered or renewed in this state on or after the effective date of this act,
shall include coverage of early intervention services which coverage shall take
effect no later than January 1, 2005.
. Such coverage shall be limited to a benefit of five thousand
dollars ($5,000) per dependent child per policy or calendar year and shall not
be subject to deductibles and coinsurance factors. Any amount paid by an
insurer under this section for a dependent child shall not be applied to any
annual or lifetime maximum benefit contained in the policy or contract. For the purpose of this section,
"early intervention services" means, but is not limited to, speech
and language therapy, occupational therapy, physical therapy, evaluation, case
management, nutrition, service plan development and review, nursing services,
and assistive technology services and devices for dependents from birth to age
three (3) who are certified by the department of human services as eligible for
services under part C of the individuals with disabilities education act (20
U.S.C. sec. 1471 et seq.).
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified early intervention providers, who are designated as such by the Department of Human Services, for early intervention services as defined in this section at rates of reimbursement equal to or greater than the prevailing integrated state/Medicaid rate for early intervention services as established by the Department of Human Services.
SECTION 4. Chapter 27-41 of the General
Laws entitled "Health Maintenance Organizations" is hereby amended by
adding thereto the following section:
27-41-68. Coverage for early intervention
services. -- (a) Every individual or group hospital or medical
expense insurance policy or contract providing coverage for dependent children,
delivered or renewed in this state on or after the effective date of this act,
shall include coverage of early intervention services which coverage shall take
effect no later than January 1, 2005.
Such coverage shall be
limited to a benefit of five thousand dollars ($5,000) per dependent child per
policy or calendar year and shall not be subject to deductibles and coinsurance
factors. Any amount paid by an insurer under this section for a dependent child
shall not be applied to any annual or lifetime maximum benefit contained in the
policy or contract. For the purpose of
this section, "early intervention services" means, but is not limited
to, speech and language therapy, occupational therapy, physical therapy,
evaluation, case management, nutrition, service plan development and review,
nursing services, and assistive technology services and devices for dependents
from birth to age three (3) who are certified by the department of human
services as eligible for services under part C of the individuals with
disabilities education act (20 U.S.C. sec. 1471 et seq.).
(b) Subject to the annual limits provided in this section, insurers shall reimburse certified early intervention providers, who are designated as such by the Department of Human Services, for early intervention services as defined in this section at rates of reimbursement equal to or greater than the prevailing integrated state/Medicaid rate for early intervention services as established by the Department of Human Services.
SECTION 5. This article shall take
effect as of July 1, 2004.
ARTICLE 23 SUBSTITUTE A AS AMENDED
RELATING TO EDUCATION
SECTION 1. Sections 45-38.1-3, 45-38.1-19, and 45-38.1-20 of the General Laws
in Chapter 45-38.1 entitled “Health and Educational Building Corporation” are
hereby amended to read as follows:
45-38.1-3. Definitions. – As used in this chapter, the following words and terms have the following meaning unless the context indicates another or different meaning or intent:
(1) "Bonds" means bonds of the corporation issued under the provisions of this chapter, including refunding bonds, notwithstanding that the bonds may be secured by mortgage or the full faith and credit of the corporation or the full faith and credit of a participating institution for higher education or of a participating health care provider or any other lawfully pledged security of a participating educational institution or child day care center or of a participating health care provider;
(2) "Borrower" means a student or a parent who has received or agreed to pay an education loan;
(3) "Cooperative hospital service organization" means a corporation created pursuant to chapter 6 of title 7, which meets the requirements of Section 501(e) of the Internal Revenue Code of 1954, 26 U.S.C. § 501(e), and is exempt from federal taxation of income in accordance with Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);
(4) "Corporation" means the Rhode Island health and educational building corporation created and established as a nonbusiness corporation, under and pursuant to chapter 6 of title 7, as amended, and constituted and established as a public body corporate and agency of the state under § 45-38.1-4, or any board, body, commission, department, or officer succeeding to the principal functions of the corporation or to whom the powers conferred upon the corporation by this chapter are given by law;
(5) "Corporation loans" means loans by the corporation to an educational institution or child day care center for the purpose of funding education loans;
(6) "Cost" as applied to a project or any portion of it, financed under the provisions of this chapter, embraces all or any part of the cost of construction and acquisition of all lands, structures, real or personal property, rights, rights of way, franchises, easements, and interests acquired or used for a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to, during and for a period after completion of the construction, provisions for working capital, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements, cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project, and other expenses that may be necessary or incident to the construction and acquisition of the project, the financing of the construction and acquisition, and the placing of the project in operation;
(7) "Default insurance" means insurance insuring education loans, corporation loans, or bonds or notes of the corporation against default;
(8) "Default reserve fund" means a fund established pursuant to a resolution of the corporation for the purpose of securing education loans, corporation loans, or bonds or notes of the corporation;
(9) "Education loan" means a loan which is made by or on behalf of an educational institution or child day care center from the proceeds of a corporation loan, to a student or parents of a student or both, to finance the student's attendance at the institution;
(10) "Education loan series portfolio" means all education loans made by or on behalf of a specific educational institution or child day care center which are funded from the proceeds of a corporation loan to the institution out of the proceeds of a related specific bond or note issued through the corporation;
(11) "Health care provider" means:
(i) Any nonprofit hospital incorporated under the laws of the state, including any nonprofit subsidiary corporations formed by any hospital or formed by the parent corporation of the hospital;
(ii) Any nonprofit corporation, the member or members of which consist solely of one or more hospitals or their parent corporations;
(iii) Any other hospital, which is licensed as a general hospital or maternity hospital pursuant to chapter 17 of title 23, which is exempt from taxation;
(iv) Any nonprofit group health association;
(v) Any cooperative hospital service organization, or any nonprofit corporation that is licensed as a skilled nursing and/or intermediate care facility pursuant to chapter 17 of title 23, including any nonprofit subsidiary corporation formed by any of the foregoing skilled nursing and/or intermediate care facilities, or any nonprofit corporation eligible to receive funding, pursuant to chapter 8.5 of title 40.1, and/or a corporation created pursuant to chapter 6 of title 7; provided, that it is a real estate holding corporation created for the benefit of a nonprofit corporation eligible to receive funding under chapter 8.5 of title 40.1;
(vi) Any nonprofit health care corporation whose purpose is to provide home care services or supplies to the citizens of this state including, but not limited to, nonprofit visiting nurse associations and nonprofit home care organizations;
(vii) Any other not-for-profit corporation organized pursuant to chapter 6 of title 7 or pursuant to any special act of the general assembly and which is exempt from federal taxation of income in accordance with Section 501(c)(3), 26 U.S.C. § 501(c)(3), of the Internal Revenue Code and which is licensed as:
(A) A health care facility pursuant to chapter 17 of title 23;
(B) A "facility" pursuant to chapter 24 of title 40.1;
(C) A "residential care and assisted living facility" pursuant to chapter 17.4 of title 23; or
(D) An adult day-care facility;
(viii) Any not-for-profit corporation which is exempt from federal taxation of income in accordance with Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), or any successor section of the Internal Revenue Code, which under contract with the state educates, counsels or rehabilitates young people who have come subject to child welfare, juvenile justice or mental health systems in the state; or
(ix) Any network or similar arrangement of those entities listed in subsection (11)(i) through (viii) above;
(12) "Educational institution" means an educational institution or local education authority participating in the school housing aid program as described in chapter 7 of title 16 situated within this state which, by virtue of law or charter, is a public or other nonprofit educational institution empowered to provide a program of education at the primary, secondary or high school level, beyond the high school level, and which is accredited by a nationally recognized educational accrediting agency or association and awards a bachelor's or advance degree or provides a program of not less than two (2) years' duration which is accepted for full credit toward a bachelor's degree;
(13) "Loan funding deposit" means monies or other property deposited by an educational institution or child day care center with the corporation, a guarantor, or a trustee for the purpose of:
(i) Providing security for bonds or notes;
(ii) Funding a default reserve fund;
(iii) Acquiring default insurance;
(iv) Defraying costs of the corporation, the monies or properties to be in amounts as deemed necessary by the corporation or a guarantor as a condition for the institution's participation in the corporation's programs;
(14) "Nonprofit group health association" means an association or a corporation established by an act of the general assembly, or created pursuant to chapter 6 of title 7, to provide all or any part of a project or property to the citizens of this state;
(15) "Parent" means any parent, legal guardian, or sponsor of the student at an educational institution or child day care center;
(16) "Participating hospital" means a hospital which, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter;
(17) "Participating educational institution" means an educational institution or child day care center which, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project, or undertakes the refunding or refinancing of obligations or of a mortgage or of advances or undertakes the financing, directly or indirectly, of education loans, all as provided in and permitted by this chapter;
(18) "Project," in the case of a participating educational institution or child day care center means a structure suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, and maintenance, storage or utility facility, and other structures or facilities related to the educational institution or child day care center or required or useful for the instruction of students or the conducting of research or the operation of an educational institution or child day care center including parking and other facilities or structures essential or convenient for the orderly conduct of the educational institution or child day care center and also includes equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies, or other items which are customarily deemed to result in a current operating charge; and, in the case of a participating health care provider, means a structure suitable for use as a hospital, clinic, nursing home, congregate housing for the elderly and/or infirm, mental health service unit, or other health care facility, laboratory, laundry, nurses', interns', or clients' residence, administration building, research facility, and maintenance, storage or utility facility, and other structures or facilities related to the health care provider or required or useful for the operation of the project, including parking and other facilities or structures essential or convenient for the orderly operation of the project, and also includes equipment and machinery and other similar items necessary or convenient for the operation of the project in the manner for which its use is intended, but does not include such items as fuel, supplies, or other items which are customarily deemed to result in a current operating charge;
(19) "State" means the state of Rhode Island and Providence Plantations;
(20) "Child day care center" means a child day care center as defined in § 23-28.1-5, which is a not-for-profit organization;
(21) "Note" means a written promise to pay, including, but not limited to, capital notes and revenue anticipation notes;
(22) "Capital note(s)" means a note or notes of the corporation not exceeding twelve (12) months in duration to maturity issued for the benefit of a health care provider or educational institution to purchase capital assets to be used in the operations of the health care provider or educational institution; and
(23) "Revenue anticipation note(s)" means a note or notes of the corporation not exceeding twelve (12) months in duration to maturity issued for the benefit of a health care provider or educational institution in anticipation of revenues reasonably expected to be collected by the health care provider or educational institution within twelve (12) months from the date of the note or notes.
(24) “School Housing
Project” means an “approved project,” as defined in section 16-7-36(2).
(25) “School
Housing Project Financing” means bonds issued through the corporation to fund
school housing projects as provided in and permitted by section 16-7-44 of the
General Laws.
(26) “State Reimbursement” shall mean the state’s share of school housing project cost as determined in accordance with sections 16-7-35 through 16-7-47 of the General Laws.
45-38.1-19.
State not liable. -- (a) Except with regard to state reimbursement
related to school housing project financing, The the state is
not liable for the payment of the principal of or interest on any bonds or
notes of the corporation, or for the performance of any pledge, mortgage,
obligation, or agreement of any kind whatsoever which may be undertaken by the
corporation, and none of the bonds or notes of the corporation nor any of its
agreements or obligations, except for state reimbursement related to school
housing project financing, are construed to constitute an indebtedness of
the state within the meaning of any constitutional or statutory provision
whatsoever, nor shall the issuance of bonds or notes, under the provisions of
this chapter, directly or indirectly or contingently obligate the state or any
municipality or political subdivision of the state to levy or to pledge any
form of taxation for them or to make any appropriation for their payment,
except for state reimbursement for school housing projects. All of the revenue bonds or notes shall
contain on the face a statement to the effect that neither the state nor the
corporation are obligated to pay the revenue bonds or notes, or their interest
except from revenues of the project or projects for which they are issued, and
that neither the faith and credit nor the taxing power of the state or of any
municipality or political subdivision of the state is pledged to the payment of
the principal of or the interest on those bonds or notes; provided, however,
that in connection with any state housing project financing, the statement on
the face of the bonds shall also include an exception for state reimbursement.
(b) Nothing contained in this section shall prevent nor be construed to prevent the corporation from pledging its full faith and credit or the full faith and credit of a participating institution for higher education or health care provider to the payment of bonds or notes, or issue of bonds or notes authorized pursuant to this chapter.
45-38.1-20. Procedure before issuance of bonds or notes. -- Notwithstanding any other provisions of this chapter, the corporation is not empowered to undertake any project authorized by this chapter unless, prior to the issuance of any bonds or notes under this chapter, it has determined that:
(1) The acquisition, construction, or financing of the cost of the project will:
(i) With respect to an institution for higher education, enable or assist the institution to fulfill its obligations in providing education to the youth of this state; or
(ii) With respect to a health care provider, enable the health care provider to improve the health of the people it serves by means of expanded health care, health care provider, and other related services; and
(2) The project is leased to, or owned by, a financially responsible institution for higher education or health care provider within the state; and
(3) Adequate provision has been, or will be, made for the payment of the cost of the construction and/or acquisition of the project, and, except with regard to those bonds issued through the corporation related to school housing project financing, that under no circumstances will the state be obligated, directly or indirectly, for the payment of the cost of the construction and/or acquisition of the project, or for the payment of the principal of, or interest on, any obligations issued to finance the construction and/or acquisition; and
(4) Adequate provision has been, or will be made in any agreement with respect to or lease of the project for payment of all costs of operation, maintenance, and upkeep of the project by the lessee, sublessee, or occupant so that under no circumstances is the state obligated, directly or indirectly, for the payment of the costs except with regard to state reimbursement for school housing projects; provided, that no findings shall be made and no financing effected under this chapter, with respect to health care providers, unless the proposed health care providers have first been approved by any state agency empowered to approve the construction of any health care providers in the manner provided in its general laws.
SECTION 2. Section 16-7.1-15 of the General Laws in
Chapter 16-7.1 entitled “The Rhode Island Student Investment Initiative” is
hereby amended to read as follows:
16-7.1-15. The Rhode Island student
investment initiative. – (a) Each locally or regionally operated
school district shall receive as a base the same amount of school aid as each
district received in fiscal year 1997-1998, adjusted to reflect the increases
or decreases in aid enacted to meet the minimum and maximum funding levels
established for FY 2000 through FY 2003 2004. Each school district shall also receive
school aid through each investment fund for which that district qualifies
pursuant to §§ 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12, 16-7.1-16
and 16-7.1-19. These sums shall be in addition to the base amount described in
this section. For FY 2004 total school aid distributed under the investment
funds enumerated above shall constitute not less than a one percent (1.0%)
increase in aid received in FY 2003 under §§ 16-7.1-6, 16-7.1-8, 16-7.1-9,
16-7.1-10, 16-7.1-11, 16-7.1-12, 16-7.1-15(d), 16-7.1-16, and 16-7.1-19. Calculation and distribution of education aid
under §§ 16-5-31, 16-5-32, 16-7-20, 16-7-20.5, 16-7-34.2, 16-7-34.3, 16-24-6,
16-54-4, and 16-67-4 is hereby suspended. The funding of the purposes and
activities of chapter 67 of this title, the Rhode Island Literacy and Dropout
Prevention Act of 1967, shall be the same amount of the base amount of each
district funded for that purpose in fiscal year 1997-1998. In addition each
district shall expend three percent (3%) of its student equity and early
childhood funds under the provisions of chapter 67 of this title.
(b) Funding for full day kindergarten programs in accordance with § 16-7.1-11.1 shall be in addition to funding received under this section.
(c) Funding distributed under §§ 16-77.1-2(b) and 16-64-1.1 shall be in addition to funding distributed under this section.
(d) There shall be an appropriation to ensure that total aid
distributed to communities in FY 2004 2005 under this section and
§§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) shall be at least a be not less than one and three quarter
percent (1.75%) increase over aid received in FY 2003 2004.
(e) Children with disabilities. (1) Based on its review of special education within the context of Rhode Island school reform, the general assembly recommends addressing the needs of all children and preventing disability through scientific research based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading instruction and the development of Personal Literacy Programs for students in the early grades performing below grade level in reading and implement a system of student accountability that will enable the state to track individual students over time. Additionally, the department of elementary and secondary education must provide districts with rigorous criteria and procedures for identifying students with learning disabilities and speech/language impairments. Additional study is required of factors that influence programming for students with low incidence disabilities; those with disabilities that severely compromise life functions; and programming for students with disabilities through urban special education. Alternatives for funding special education require examination.
(2) All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the general assembly and its agents that is deemed necessary or desirable by the study to facilitate the purposes of this section.
SECTION 3.
Sections 16-77-3 and 16-77-5 of the General Laws in Chapter 16-77 entitled
"Establishment of Charter Public Schools" are hereby amended to read
as follows:
16-77-3. Commissioner of elementary and secondary education and local school committee authorized to recommend the granting of a charter. -- (a) The commissioner of elementary and secondary education and/or the school committee where the charter public school is to be located are authorized in response to an application to recommend to the board of regents for elementary and secondary education the granting of a revocable charter authorizing operation of a charter public school for up to five (5) years, subject to renewal for additional five-year periods.
(b) Persons or entities eligible to submit an application to establish a charter school shall be limited to:
(1) Existing public schools;
(2) Groups of public school personnel;
(3) Public school districts;
(4) Established Rhode Island nonprofit organizations in accordance with subsection (i) of this section provided that these nonprofit organizations shall have existed for at least two (2) years and must exist for a substantial reason other than to operate a school;
(5) A group of school districts; or
(6) Colleges and universities within the state of Rhode Island.
(c) No existing public school shall be converted into a charter public school unless a majority of the parents and/or guardians of the students currently assigned to the school and two-thirds (2/3) of the certified teaching personnel currently assigned to the school approve the proposed charter, as provided in section 16-77-4.1.
(d) No private or parochial schools shall be eligible for charter school status, nor shall a charter school be affiliated in any way with a sectarian school or religious institution. Any charter school authorized by this chapter shall be nonsectarian and nonreligious in its programs, admissions policies, employment practices, and all other operations. The board of regents shall not approve a charter to a school whose overall operation or education program is managed by a for profit entity.
(e) School professionals employed by a local or regional school committee or the state of Rhode Island shall be entitled to a two (2) year leave of absence, without compensation, in order to be employed in a charter school, provided this leave shall be extended upon request for an additional two (2) years. At any time during or upon completion of this leave of absence, a school professional may return to work in the school district in the position in which he or she was previously employed or a comparable position. This leave of absence shall not be deemed to be an interruption of service for purposes of seniority and teachers' retirement.
(f) No child shall be required to attend a charter public school nor shall any teacher be required to teach in a charter public school. The school committee shall make accommodations to facilitate the transfer of students who do not wish to participate in the charter public school into other public schools. It shall also make accommodations for those students who wish to participate to transfer into the charter public school as space permits. If the total number of students who are eligible to attend and apply to a charter school is greater than the number of spaces available, the charter school shall conduct a lottery to determine which students shall be admitted.
(g) The commissioner is empowered to promulgate rules and regulations consistent with this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter public schools. These rules and regulations shall set forth the process for rescission of state approval of a charter school, including appropriate protections to ensure the continued provision of education services to the students of the charter school whose charter is rescinded.
(h) All charter schools shall adhere to financial record keeping, reporting, auditing requirements, and procedures in the same manner as required of local public school districts and in accordance with federal and state laws and regulations.
(i) Any nonprofit organization which seeks to establish a charter school must submit its financial records and financial plan for operating the school to the auditor general, who shall review the records, the financial plan, and the financial integrity of the organization. At the time of initial charter application the financial records and financial recordkeeping system of the nonprofit organization and the proposed financial plan for the charter school shall be reviewed by the auditor general and the auditor general shall, while the application is being considered for preliminary approval by the board of regents, provide an initial determination to the board of regents, the commissioner of elementary and secondary education, and the speaker of the house of representatives indicating that the auditor general is satisfied that the nonprofit organization is financially responsible. Final approval for operation of the public charter school shall not be granted by the board of regents until the auditor general has approved the financial plan and financial record keeping system and is satisfied that the nonprofit organization is financially responsible. The auditor general shall notify the board of regents, the commissioner of elementary and secondary education, and the speaker of the house of representatives of the findings. During the year immediately preceeding the September in which the public charter school is to begin operation, the charter applicant shall make any additional submissions to the auditor general prescribed by the auditor general in the initial determination. Additional submissions during the year prior to the September in which the public charter school is to begin operation shall include, but not be limited to, evidence submitted to the auditor general not later than June 1 prior to the opening of the public charter school of the existence of an agreement, option for lease or purchase, lease agreement or purchase agreement, contingent upon general assembly funding, for a facility in which the public charter school will operate in its first year of operation. The auditor general shall have the authority to review charter schools on an annual basis or require the charter school to have an annual certified audit in accordance with the same federal and state standards that are applicable to local public school districts. If as a result of any annual audit the auditor general believes there are financial irregularities, the auditor general shall withdraw the original approval and the board of regents shall withdraw its approval for the charter school to continue operation.
(j) Notwithstanding the provisions of this section, the Board
of Regents shall not grant final approval for any new charter school to begin
operations in the 2005-2006 school year.
16-77-5. Process for consideration of proposed charter. -- (a) If the commissioner of elementary and secondary education or the local school committee finds the application to be incomplete, further information may be requested and required. The commissioner shall develop regulations for amending an approved charter, consistent with the provisions of this chapter.
(b) After having received a satisfactory application, the commissioner of elementary and secondary education will provide for a public comment period of not less than sixty (60) days, during which they will hold at least two (2) public hearings on the application. These hearings will be held in the district where the proposed charter school is to be located. Any person may file with the committee and/or the commissioner comments, recommendations, and/or objections relevant to the granting of a charter.
(c) A copy of the completed application for a charter public school at an existing public school shall be provided to the collective bargaining agent for the teachers in that school district at the time that it is filed with the school committee and the commissioner. The teachers through their collective bargaining agent shall be afforded the opportunity to present their analysis of and recommendations regarding the proposed charter to the school committee and the board of regents for elementary and secondary education prior to any determination by those entities. If the teachers' union objects to the proposed charter or to any provision of it, it shall set forth the reasons for those objections in detail. These objections and recommendations shall be considered and responded to by the school committee and the commissioner before making any recommendation to the board of regents, and by the board of regents prior to its determination.
(d) The commissioner and the local school committee will each decide on whether or not to recommend the granting of the charter within ninety (90) days after the conclusion of the public comment period.
(e) If the commissioner of elementary and secondary education or the local school committee recommend the granting of the charter public school petition, the matter shall be referred to the board of regents for a decision on whether or not to grant a charter. Notice of the granting or denial of the application will be supplied. The decision of the board of regents, complete with reasons and conditions, shall be made available to the public and to the applicant.
(f) The commissioner, with the approval of the board of regents for elementary and secondary education, may grant a variance to any provision of title 16 other than those enumerated in section 16-77-11 and to any department of education regulation and to any school district regulation which does not affect the health and safety or civil rights of pupils in charter public schools.
(g) All charter applications shall be matters of public record and will be provided to members of the public upon request.
(h) Notwithstanding the provisions of this section, the Board
of Regents shall not grant final approval for any new charter school to begin
operations in the 2005-2006 school year.
SECTION 4.
Section 16-45-6 of the General Laws in Chapter 16-45 entitled "Regional
Vocational Schools" is hereby amended to read as follows:
16-45-6. Powers additional to previous authority. -- (a) The powers delegated and authorized in this chapter for the board of regents for elementary and secondary education and the department of elementary and secondary education shall be in addition to those previously authorized by any other general or public law.
(b) The governance,
funding, and programming of the William M. Davies, Jr. vocational technical
school and the Metropolitan Career and Technical School shall be in accordance
with the rules and regulations formulated by the board of regents for
elementary and secondary education pursuant to chapter 35 of title 42. Provided,
however, the additional appropriation by the General Assembly in fiscal year
2005 for the William M. Davies, Jr. Vocational Technical School shall be used
to fund sixty (60) additional placements. Forty (40) of those placements shall
be made available to students from the City of Providence.
(c) The purpose of this chapter is to restructure the system of career and technical schools in Rhode Island for the benefit of the students, the economy, and the general welfare. The paramount aim is to enable the schools to make more significant contributions in providing the state's students with the career preparation they need to compete and succeed in the world of today and of the future. To ensure student success, a system of model career and technical schools will be established and supported. These schools will provide: integrated academic and vocational curricula, up to date technology, programs to meet the varying needs of all students, and strong links to business, industry, postsecondary education, and the community.
(d) (1) There shall be a system of state operated career and technical schools serving geographic areas of the state. Students attending these regional schools will do so on a full time basis with the costs for their education at the regional school fully funded by the state.
(2) These schools shall be operated as local education agencies and each shall be governed by a board of trustees. With the exception of those powers and duties reserved by the director, the commissioner of elementary and secondary education, and the board of regents for elementary and secondary education, the board of trustees shall have the powers and duties of school committees. The Davies school shall be the first school operated under the provisions of this chapter and shall be renamed the William M. Davies, Jr. career and technical high school. The Metropolitan Career and Technical School shall be the second school operated under the provisions of this chapter.
(e) (1) The board of regents for elementary and secondary education shall appoint the members of the board of trustees from nominations made by the commissioner of elementary and secondary education. The chairperson shall also be selected in this manner. The board of regents shall determine the number, qualifications, and terms of office of members of the board of trustees. The board of trustees will be broadly representative of the local communities served by each school and the larger statewide workforce interests.
(2) The board of regents shall establish strategic directions for the career and technical education system that are consistent with the state's economic development plans, workforce requirements, and educational priorities and learner outcomes established by the board of regents.
(3) The board of regents shall provide parameters for the overall budget requests, approve the budget, and participate in budget development as required in subsection (i).
(f) (1) The commissioner of elementary and secondary education shall recommend parameters for the overall budget requests, recommend a budget and participate in budget development as required in subsection (i).
(2) The commissioner shall approve the process for selection of a director of each regional school. The commissioner shall develop a plan for statewide implementation of the provisions of this chapter.
(g) The board of trustees shall meet monthly and serve without compensation. Nine (9) members of the board of trustees shall be required to attend teacher appeal hearings conducted pursuant to section 16-13-4. The board of trustees shall have broad policy making authority for the operation of the school consistent with subsection (e) and the following powers and duties:
(1) To identify the educational needs of the communities in the district.
(2) To develop educational policies to meet the needs of students in the communities served by the school district.
(3) To appoint a director of its regional school to serve as its chief executive officer and to approve assistant and associate directors from nominations made by the director.
(4) To provide policy guidance and participate in budget development as required in subsection (i).
(5) To develop staffing policies which ensure that all students are taught by educators of the highest possible quality.
(h) (1) The director will serve at the pleasure of the board of trustees with the initial appointment to be for a period of not more than three (3) years, provided, that the term and conditions of employment are subject to the approval of the board of regents for elementary and secondary education.
(2) It is the responsibility of the director to manage and operate the school on a day to day basis. The director's duties shall include the following:
(i) To be responsible for the entire care, supervision, and management of the career and technical high school.
(ii) To recommend to the board of trustees educational policies to meet the needs of the district, and to implement policies established by the board of trustees.
(iii) To present nominations to the board of trustees for assistant and associate directors and to appoint all other school personnel.
(iv) To provide for the evaluation of all school district personnel.
(v) To establish a school based management approach for decision making for the operation of the school.
(vi) To prepare a budget and participate in budget development as required in subsection (i), and to authorize purchases consistent with the adopted school district budget.
(vii) To report to the board of trustees on a regular basis the financial condition and operation of the school, and to report annually on the educational progress of the school.
(viii) To establish appropriate advisory committees as needed to provide guidance on new directions and feedback on the operation of the school.
(i) With policy guidance from the board of trustees and extensive involvement of the administrators and faculty in the school, the director of each regional school shall annually prepare a budget. The board of trustees will approve the budget and transmit it to the commissioner. The board of regents for elementary and secondary education, upon recommendation of the commissioner of elementary and secondary education, shall provide parameters for the overall budget request. Based on review and recommendation by the commissioner, the board of regents shall approve the total budget and incorporate it into its budget request to the governor and to the general assembly. Line item budgeting decisions shall be the responsibility of the director.
(j) Nothing in this section shall be deemed to limit or interfere with the rights of teachers and other school employees to bargain collectively pursuant to chapters 9.3 and 9.4 of title 28 or to allow the board of trustees or the director to abrogate any agreement by collective bargaining. Employees at the William M. Davies school shall continue to be state employees and the bargaining units which are presently established at the school shall remain intact.
SECTION 5.
Section 16-7.1-5 of the General Laws in Chapter 16-7.1 entitled "The Rhode
Island Student Investment Initiative" is hereby amended to read as
follows:
16-7.1-5. Intervention and support for failing schools. -- (a) The board of regents shall adopt a series of progressive support and intervention strategies consistent with the Comprehensive Education Strategy and the principles of the "School Accountability for Learning and Teaching" (SALT) of the board of regents for those schools and school districts that continue to fall short of performance goals outlined in the district strategic plans. These strategies shall initially focus on: (1) technical assistance in improvement planning, curriculum alignment, student assessment, instruction, and family and community involvement; (2) policy support; (3) resource oversight to assess and recommend that each school has adequate resources necessary to meet performance goal; and (4) creating supportive partnerships with education institutions, business, governmental, or other appropriate nonprofit agencies. If after a three (3) year period of support there has not been improvement in the education of students as determined by objective criteria to be developed by the board of regents, then there shall be progressive levels of control by the department of elementary and secondary education over the school and/or district budget, program, and/or personnel. This control by the department of elementary and secondary education may be exercised in collaboration with the school district and the municipality. If further needed, the school shall be reconstituted. Reconstitution responsibility is delegated to the board of regents and may range from restructuring the school's governance, budget, program, personnel, and/or may include decisions regarding the continued operation of the school. The board of regents shall assess the district's capacity and may recommend the provision of additional district, municipal and/or state resources. If a school or school district is under the board of regents' control as a result of actions taken by the board pursuant to this section, the local school committee shall be responsible for funding that school or school district at the same level as in the prior academic year increased by the same percentage as the state total of school aid is increased.
(b) For FY 2004, 2005,
the department shall dedicate one hundred thousand dollars ($100,000) from
funds appropriated to support progressive support and intervention and SALT
visits to support the Rhode island Consortium for Instructional Leadership and
Training. This consortium is engaged in training school leaders to be more
effective instructional leaders in the standards based instruction environment.
SECTION 6. Chapter 16-45 of the General Laws entitled "Regional Vocational Schools" is
hereby amended by adding thereto the following section:
16-45-11. Legislative career and technical
education commission established. - - (a) Commission
established. There is hereby established a special joint legislative study
commission on career and technical education commission. Said career and
technical education study commission shall consist of twelve (12) members: six
(6) members shall be appointed by the speaker of the house of representatives
from among the members of the house of representatives, not more than five (5)
of whom shall be from the same political party; six (6) members shall be
appointed by the president of the senate from among the members of the senate,
not more than five (5) of whom shall be from the same political party.
(b) Purpose. The purpose of the career and technical education study commission shall be to make a comprehensive examination of the issues relating to the governance, financing, and operation of the system of career and technical education in Rhode Island in order to guide the implementation of the recommendations contained in the Restructuring Career and Technical Education in Rhode Island report as prepared and presented by the career and technical education task force (March 2000). The focus of the career and technical education study commission shall include, but not be limited to, the following: to promote Rhode Island’s education and economic development by providing guidance for the development of a statewide system for career and technical education, utilizing effective and proven career and technical education delivery models; implementing an effective system of governance, including protection for the student rights of those students interested in engaging in career and technical education; financing and maintaining state of the art equipment, facilities, and programming, including ensuring student access to the same across the district and geographic boundaries; and strengthening career and technical education programming designed to meet the labor needs of Rhode Island business and industry, as well as to support and advance Rhode Island’s economy.
SECTION 7.
Chapter 16-77 of the General Laws entitled
"Establishment of Charter Public Schools" is hereby amended by
adding thereto the following section:
16-77-12. Charter school reporting. - -
All charter schools shall continuously monitor their financial operations by
tracking actual versus budgeted revenue and expense. The chief financial
officer of the charter school shall submit a report on a quarterly basis to the
state office of municipal affairs certifying the status of the charter school
budget.
The quarterly reports shall be in a format prescribed by the
state office of municipal affairs and the state auditor general. The reports
shall contain a statement as to whether any actual or projected shortfalls in
budget line items are expected to result in a year-end deficit, the projected
impact on year-end financial results including all accruals and encumbrances,
and how the charter school plans to address any such shortfalls.
The auditor general or the state director of administration may petition the superior court to order the charter school to file said reports. The director of administration may also direct the state controller and general treasurer to withhold any funding to the charter school until the school complies with the reporting requirements hereunder. Failure to comply with this section shall be cause for the revocation of the school charter.
SECTION 8.
Chapter 16-2 of the General Laws entitled
"School Committees and Superintendents" is hereby amended by
adding thereto the following sections:
16-2-9.3. The advisory council on school
finances. -- (a) The legislature hereby
finds and declares that there is a need for an advisory council on school
finances to strengthen the fiscal accountability of school districts, regional
school districts, state schools and charter schools in Rhode Island. The
council shall be composed of five (5) members as follows: (1) The auditor
general of the state of Rhode Island or his or her designee; (2) The executive
director of the Rhode Island association of school committees or his or her
designee; (3) The president of the Rhode Island association of school business
officials or his or her designee; (4) The commissioner of elementary and
secondary education or his or her designee; and (5) The director of the
department of administration or his or her designee. The auditor general or his
or her designee shall serve as chair of the council. By July 1, 2005, the
council shall develop recommendations for a uniform system of accounting,
including a chart of accounts for all school districts, regional school
districts, state schools and charter schools. Said recommendations shall be
advisory in nature and may be adopted by the office of auditor general and the
department of education in part or in whole.
(b) The council shall meet no less than annually and
recommend changes in accounting procedures to be adopted by school districts,
regional school districts, state schools and charter schools as well as apprise
school business officials, charter school officials, school committees and
school superintendents, school administrators and state school officials about
professional development opportunities that promotes sound fiscal practices and
a knowledge of current state and federal rules and regulations regarding school
finance. The council shall also report, annually, its activities and
recommendations to the house committee on education accountability, the senate
committee on education and the office of the governor.
16-2-9.4.
School district accounting compliance. - - (a)
The office of auditor general and the department of education shall promulgate
a uniform system of accounting, including a chart of accounts based on the
recommendations of the advisory council on school finance, and require all
accounts of the school districts, regional school districts, state schools and
charter schools to be kept in accordance therewith; provided, that in any case
in which the uniform system of accounting is not practicable, the office of
auditor general in conjunction with the department of education shall determine
the manner in which the accounts shall be kept.
(b) For the purpose of securing a uniform
system of accounting and a chart of accounts the advisory council on school
finances, as defined in section 16-2-9.2 may make such surveys of the operation
of any school districts, regional school district, state school or charter
school as they shall deem necessary.
(c) If any school district, regional school district, state school or charter school fails to install and maintain the uniform system of accounting, including a chart of accounts, or fails to keep its accounts and interdepartmental records, or refuses or neglects to make the reports and to furnish the information in accordance with the method prescribed by the office of auditor general and the department of education or hinders or prevents the examination of accounts and financial records, the auditor general and the commissioner of education may make a report to the board of regents for elementary and secondary education in writing, specifying the nature and extent of the failure, refusal, neglect, hindrance, or prevention, and the board of regents are hereby authorized and directed to review the matter so reported. If the regents shall find that failure, refusal, neglect, hindrance, or prevention exists and that the school district, regional school district, state school or charter school should properly comply in the matter so reported, the regents shall direct the school district, regional school district, state school or charter school, in writing, to so comply. If the failure, refusal, neglect, hindrance, or prevention shall continue for a period of ten (10) days following the written direction, the regents may withhold distribution of state aid to said school district, regional school district, state school or charter school.
SECTION 9. This article shall take
effect as of July 1, 2004.
ARTICLE 24 SUBSTITUTE A
Relating To Responsibility of Budget Officer for Budget
SECTION
1. Sections 35-3-4, 35-3-7 and 35-3-8 of the General
Laws in Chapter 35-3 entitled "State Budget" are hereby amended to
read as follows:
35-3-4. Estimates submitted by department
heads. -- (a) On dates determined by the budget officer, but
not later than or before the first day of October in each year, each
head of a department of the state government, not including the general
assembly or the judiciary, shall assemble, correlate, and revise, with power to
increase or decrease, the estimates for expenditures and requests for
appropriations for the next ensuing fiscal year of each of the divisions,
boards, commissions, officers, bureaus, institutions, or agencies of the state
included within his or her department, and, after this revision, shall prepare
an itemized departmental estimate of the appropriations necessary to meet the
financial needs of the department, including a statement in detail of all
moneys for which any general or special appropriation is desired at the ensuing
session of the general assembly. The estimate shall be in such form, and in
such number of copies, and with such explanation as the budget officer may
require, and, on or before dates determined by the budget officer,
but not later than the first day of October in each year, shall be
submitted to the governor through the budget officer. The budget officer shall
provide copies to the house fiscal advisor and senate fiscal advisor.
(b) The estimates shall also include a supplemental presentation of estimates of expenditures for information resources and information technologies as defined in section 29-8-2, regardless of source of financing. The estimate shall include a detailed listing and explanation of expenses and the source of funds and shall be in such form, and in such number of copies, and with such explanation as the budget officer may require. Copies shall be provided directly to the house fiscal advisor, the senate fiscal advisor, and the Rhode Island Information Resources Management Board.
35-3-7. Submission of budget to general
assembly -- Contents. -- (a) On or before the third Wednesday
Thursday in February January in each year of each January
session of the general assembly, the governor shall submit to the general
assembly a budget containing a complete plan of estimated revenues and proposed
expenditures, with a personnel supplement detailing the number and titles of
positions of each agency and the estimates of personnel costs for the next
fiscal year. Provided, however, in those years that a new governor is
inaugurated, the new governor shall submit the budget on or before the first
Thursday in February. In the budget the governor may set forth in summary
and detail:
(1) Estimates of the receipts of the state during the ensuing fiscal year under laws existing at the time the budget is transmitted and also under the revenue proposals, if any, contained in the budget, and comparisons with the estimated receipts of the state during the current fiscal year, as well as actual receipts of the state for the last two (2) completed fiscal years.
(2) Estimates of the expenditures and appropriations necessary in the governor's judgment for the support of the state government for the ensuing fiscal year, and comparisons with appropriations for expenditures during the current fiscal year, as well as actual expenditures of the state for the last two (2) complete fiscal years.
(3) Financial statements of the
(i) Condition of the treasury at the end of the last completed fiscal year;
(ii) The estimated condition of the treasury at the end of the current fiscal year; and
(iii) Estimated condition of the treasury at the end of the ensuing fiscal year if the financial proposals contained in the budget are adopted.
(4) All essential facts regarding the bonded and other indebtedness of the state.
(5) A report indicating those program revenues and expenditures whose funding source is proposed to be changed from state appropriations to restricted receipts, or from restricted receipts to other funding sources.
(6) Such other financial statements and data as in the governor's opinion are necessary or desirable.
(b) Any other provision of the general laws to the contrary notwithstanding, the proposed appropriations submitted by the governor to the general assembly for the next ensuing fiscal year should not be more than five and one-half percent (5.5%) in excess of total state appropriations, excluding any estimated supplemental appropriations, enacted by the general assembly for the fiscal year previous to that for which the proposed appropriations are being submitted; provided, that the increased state share provisions required to achieve fifty percent (50%) state financing of local school operations as provided for in P.L. 1985, ch. 182, shall be excluded from the definition of total appropriations.
35-3-8. Recommendations to meet deficiencies -- Submission of appropriation bills. -- (a) The budget shall also contain the recommendations of the governor to the general assembly for new taxes, loans, or other appropriate actions to meet any estimated deficiency for the ensuing fiscal year. It shall also be accompanied by a bill or bills for all proposed appropriations.
(b) In the event that any
departments of state government are expected to incur a deficiency within the
current fiscal year, the governor shall, on or before the second Tuesday in
January 1997 and the second Tuesday third Thursday in January each
year thereafter, submit a request for supplemental appropriations on
their behalf. Provided, however, in those years that a new governor is
inaugurated, the new governor shall submit the request on or before the first
Thursday in February. In the event that, subsequent to the January
request, the governor determines that additional deficiencies are expected to
be incurred, the governor shall submit requests for additional appropriations
upon notice of these deficiencies.
(c) The request presented to the general assembly shall identify the proposed increases and decreases to the original amounts provided in the annual appropriation act.
SECTION
2. This article shall take effect upon passage.
ARTICLE 25 SUBSTITUTE A
RELATING TO HUMAN SERVICES -- FAMILY INDEPENDENCE pROGRAM
SECTION 1. Section 40-5.1-9.1 of the General Laws in Chapter
40-5.1 entitled “Family Independence Act” is hereby amended to read as follows:
40-5.1-9.1. Lump sum payment in lieu
of cash assistance. – (a)
In accordance with a limited pilot project to be established by the
department, t The department may offer families who are eligible for
cash assistance under the act this chapter a lump sum payment
equal to up to three (3) times the monthly amount of cash assistance to which
the family would otherwise be entitled if:
(1) The department finds that a lump sum payment would
enable an adult member of the family to either accept and commence employment
based upon a verifiable job offer, or to maintain current employment; and
provided further that the adult member of the family has not voluntarily
terminated employment within sixty (60) days prior to the date of application
for benefits under this section; and
(2) The family waives any cash assistance under this
chapter to which it would otherwise be entitled during the six (6) month
period immediately following beginning with the date of application
for payment of the lump sum; and
(3) The department provides the family with a clear and concise description of the waiver which must be signed.
(b) Each member of a family which receives a lump sum payment
under this section shall be deemed for all other purposes to be receiving cash
assistance throughout the six (6) month waiver period. , provided
however, that the provisions of sections 40-5.1-5, 40-5.1-8 (d)(1),40-5.1-9
shall not be applicable to families who receive a lump sum payment under this
section, and such families shall not be required to assign child and spousal
support rights to the department.
(c) This section shall be applicable only with respect to
applications for cash assistance under this chapter filed on and after July 1, 2004, and there shall be a lifetime
limit of one (1) lump sum payment per family.
No family who has received cash assistance under this chapter at any
time during the twelve (12) month period prior to its application for a lump
sum cash assistance payment under this section shall be eligible for assistance
under this section.
SECTION 2. Section 40-5.1-9 of the General Laws in Chapter 40-5.1 entitled “Family Independence Act” is hereby amended to read as follows:
40-5.1-9. Cash assistance. – (a)
Entitlement to cash assistance. A family found by the department to meet
the eligibility criteria set forth in this chapter shall be entitled to receive
cash assistance from the date of submitting a signed application. The family
members shall be eligible for cash assistance for so long as they continue to
meet the eligibility criteria and parents shall be eligible so long as they
meet the terms and conditions of the work requirements of subsection (c). The
monthly amount of cash assistance shall be equal to the payment standard for
the family minus the countable income of the family in that month. The
department is authorized to reduce the amount of assistance in the month of
application to reflect the number of the days between the first (1st) day of
the month and the effective date of the application.
(b) Payment standard. The payment standard is equal to the sum of the following: three hundred twenty-seven dollars ($327) (two hundred seventy-seven dollars ($277) for a family residing in subsidized housing) for the first person, one hundred twenty-two dollars ($122) for the second person, one hundred five dollars ($105) for the third person and eighty dollars ($80) for each additional person.
(c) Work requirements. (1) No more than forty-five (45) days following the date on which a family has been notified by the department in writing that it is eligible for cash assistance under the act, the department shall develop a family financial plan pursuant to § 40-5.1-5 and, unless the parent is exempt from work pursuant to paragraph (iv), the department shall assess the parent's educational and vocational abilities and develop an individual employment plan pursuant to § 40-5.1-5. In the case of a family including two parents, the department may develop an employment plan for each parent if the parents so request.
(2) The employment plan shall specify the parent's work activity and the supportive services which will be provided by the department to enable the parent to engage in the work activity.
(i) During the first twenty-four (24) months of the employment plan, the parent shall participate, for a minimum of twenty (20) hours per week for parents whose youngest child in the home is under the age of six (6), and for a minimum of thirty (30) hours per week for parents whose youngest child in the home is six (6) years of age or older, in one or more of the following work activities, as appropriate, in order to help the parent obtain stable full-time paid employment:
(A) Paid employment, (including on-the-job training);
(B) A community work experience in a program which satisfies the requirements of § 40-5.1-23;
(C) A training or work readiness program approved by the department and conducted at a job site if the program involves supervised participation in work at the site;
(D) During the first six (6) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), successful participation in an approved work readiness program as defined in § 40-5.1-22;
(E) During the first three (3) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), participation in an approved rapid job placement program as defined in § 40-5.1-20;
(F) A supervised individual job search which meets the conditions set forth in § 40-5.1-21;
(G) For a parent under the age of twenty (20) without a high school diploma or the equivalent, successful participation on a full-time basis in a program to secure such diploma or the equivalent;
(H) For a parent age twenty (20) or older, without basic literacy or English literacy skills, successful participation on a full time basis in a program to secure such skills; and
(I) For a parent age twenty (20) or older (and a parent under the age of twenty (20) who has a high school degree or the equivalent or a parent under the age of twenty (20) for whom attendance at a high school is determined to be inappropriate) successful participation in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act.
(ii) Beginning with the twenty-fifth (25th) month of the employment plan, the parent shall participate in one or more of the following work activities for at least twenty (20) hours per week for parents whose youngest child in the home is under the age of six (6) and thirty (30) hours per week for parents whose youngest child in the home is six (6) years of age or older:
(A) Paid employment (including on-the-job training);
(B) A community work experience program which satisfies the requirements of § 40-5.1-23;
(C) A training program approved by the department and conducted at a job site if the program involves supervised participation in work at the site.
(iii) The following parents shall be deferred from the participation requirement in paragraph (ii):
(A) A parent under the age of twenty (20) without a high school diploma or the equivalent who is successfully participating, on a full-time basis, in a program to secure such diploma or the equivalent;
(B) A single parent age twenty (20) or older, without basic literacy or English language skills, who: (I) is participating in a full-time program but is unable to complete a literacy or language skills program during the first twenty-four (24) months of his or her employment plan, or (II) who the department has determined is unable to secure paid employment without additional language or literacy skills, and who is successfully participating in a program to secure such skills;
(C) A parent age twenty (20) years or older, who is successfully participating in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act; provided, however, that the parent began the program prior to the twenty-fifth (25th) month of his or her employment plan; provided, further, however, that participation shall not be deemed a work activity after the thirty-sixth (36th) month of the employment plan;
(D) Upon completion of any activity in subparagraphs (A)–(C), the parent shall be subject to the work activity requirements of paragraph (ii).
(iv) Paragraphs (i) and (ii) shall not apply to a single parent if (and for so long as) the department finds that he or she is:
(A) Unable to comply with the employment plan because of an illness which, on the basis of medical evidence, is serious enough to temporarily prevent work;
(B) Unable to comply with the employment plan because of a physical or mental impairment which, on the basis of medical evidence, either by itself or in conjunction with age, prevents work;
(C) Unable to comply with the employment plan because of the illness or incapacity of a minor child or spouse who requires full-time in-home care, and for whom the person is providing care;
(D) Caring for a child below the age of one; provided, however, that a minor parent without a high school diploma or the equivalent, and who is not married, shall not be exempt from subparagraph (i)(G) for more than twelve (12) weeks from the birth of the child;
(E) Sixty (60) years of age or older;
(F) A pregnant woman in her third trimester;
(G) Otherwise exempt by the department.
(v)(A) The amount of cash assistance to which an otherwise
eligible family is entitled under the act, shall be reduced in any month
during the first twenty-four (24) months of the parent's employment plan in
which the parent fails, without good cause, to comply with the employment plan,
by the parent's portion of the family's benefit. by the portion of the
family’s benefit attributable to any parent who, without good cause, has failed
to enter into an individual employment plan or has failed to comply with his or
her individual employment plan, as required under this chapter; provided that
the reduction shall be applied during the first twenty-four (24) months,
whether or not consecutive, of such failure or non-compliance by the parent.
(B) The department
shall terminate cash assistance to a
family if any parent in the family has failed, without good cause, to
enter into an individual employment plan, or to comply with his or her
individual employment plan, for twenty-four (24) months, whether or not
consecutive.
(vi)(A) Beginning with the twenty-fifth (25th) month of the
employment plan, the following penalties shall apply in any month to a family
in which the parent, without good cause, fails to comply with his or her
employment plan:
Number of Reduction in
Family
Months of Noncompliance Benefit (% of
Parent's Benefit)
One-Six 110%
Seven-Twelve 120%
Thirteen-Eighteen 130%
Nineteen-Twenty-four 140%
(B)(C) For purposes of paragraphs (v) and
(vi) the benefit reduction for a family size of two (2) shall be computed
utilizing a family size of three (3).
(C) If a parent fails to comply with his or her employment plan
for more than twenty-four (24) months, the family's benefit shall be reduced by
one hundred percent (100%) of the parent's benefit and the entire benefit shall
be paid to some appropriate and responsible person (other than the parent) to
pay the expenses of the family. An "appropriate responsible person"
may include the family's case manager.
(D)(vi)(A)
If the family's benefit has been reduced in accordance with paragraph (v)(A)
for less than twenty-four (24) months, whether or not consecutive, due to
the parent's failure to enter into an individual employment plan or failure
to comply with the terms of the his or her individual employment
plan, benefits shall be restored to the full amount beginning with the initial
payment made on the first of the month following the month in which the parent agrees
to comply with the terms of the plan. (1) enters into an individual
employment plan and demonstrates compliance with the terms thereof, or (2)
demonstrates compliance with the terms of
his or her existing individual employment plan, as such plan may be
amended by agreement of the parent and the department.
(B) If the family's
benefit has been terminated in accordance with paragraph (v)(B) due to the failure by one or more parents to enter into
an individual employment plan or failure to comply with the terms of his or her
individual employment plan, the family may re-apply for benefits and benefits
shall be restored to the family in the full amount the family is otherwise
entitled to under this chapter beginning on the first of the month following
the month in which all parents in the family who are subject to the employment
plan requirements under this chapter (1) enter into an individual
employment plan and demonstrate compliance with the terms thereof, or (2)
demonstrate compliance with the terms of the parent’s individual employment plan in effect at the time of termination
of benefits, as such plan may be amended by agreement of the parent and the
department.
(E) If a family subject to a reduction in benefits under this
subsection:
(I) Terminates benefits;
(II) Reapplies within three (3) months and;
(III) Has not had gross earnings in excess of one hundred
dollars ($100) during the three (3) month period;
(F) There shall be a rebuttable presumption that the family has
terminated in order to avoid a further reduction in benefits, and penalties
shall be applied as if the family had not terminated from the program.
(vii) Notwithstanding paragraphs (i) and (ii) of this subsection, in the case of a family consisting of two (2) parents, (except as provided in paragraph (xi) below), beginning seven (7) days following completion of the family financial plan and the individual employment plan(s), or as soon as practical thereafter, one parent shall be engaged in work activities for at least thirty-five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are attributable to one or more of the following activities:
(A) Unsubsidized employment;
(B) Subsidized private sector employment;
(C) Subsidized public sector employment;
(D) Work experience if sufficient private sector employment is not available;
(E) On-the-job training;
(F) Job search and job readiness assistance;
(G) Community service program;
(H) Vocational educational training (not to exceed twelve (12) months with respect to any individual); or
(I) The provision of child care services to an individual who is participating in a community service program.
Moreover, in the case of a two (2) parent family wherein one parent is engaged for at least thirty-five (35) hours per week in the work activities specified immediately above, and if the family requests child care assistance under this chapter, and an adult in the family is not disabled or caring for a severely disabled child, the second parent must be engaged in work activities during the month for not fewer than twenty (20) hours per week in one or more of the following activities:
(A) Unsubsidized employment;
(B) Subsidized private sector employment;
(C) Subsidized public sector employment;
(D) Work experience if sufficient private sector employment is not available;
(E) On-the-job training; or
(F) Community service programs;
(viii) Paragraph (vii) shall not apply:
(A) To a parent who is ill and the department determines on the basis of medical evidence that the illness is serious enough to temporarily prevent entry into employment or engaging in the activities listed in paragraph (vii) or to provide care for his or her children; or
(B) To a parent who is incapacitated by a physical or mental impairment which the department has determined on the basis of medical evidence either by itself or in conjunction with age, prevents the individual from engaging in employment or training or providing care for his or her children; or
(C) To a parent who is providing full-time in-home care to a minor child or parent who, due to illness or incapacity, requires full-time in-home care; or
(D) If otherwise authorized by the department for cause.
(ix) If, during any month, parents required to comply with paragraph (vii) fail, without good cause to do so, the family shall be deemed for all purposes under this act to include only one parent. The parent included in the family shall be the parent which the department determines has accepted primary responsibility for child care. The parent included in the family, unless exempt pursuant to paragraph (iv), shall be required to comply with paragraphs (i) and (ii) of this subsection and shall be subject to the penalties in paragraphs (v) and (vi), as applicable, if the parent fails to do so. Notwithstanding the foregoing, in determining the amount of cash assistance to which a family is entitled under this chapter, the earnings of any parent living in the same household as a family eligible for cash assistance, shall be deemed to be earned income of the family for purposes of § 40-5.1-10(b).
(x) A parent's failure, without good cause, to accept a bona fide offer of work, including full-time, part-time and/or temporary employment, or unpaid community service, to the extent the offer of work is not inconsistent with the employment plan shall be deemed a failure to comply with this section, provided that:
(A) The parent is able to perform the work offered; and
(B) Appropriate child care (as defined in subsection (e) hereof) is made available to the parent.
(xi) A two (2) parent family that includes a disabled parent shall be considered to be a single parent family for purposes of applying the work requirements of paragraphs (i) and (ii).
(d) Child care. Notwithstanding any other provision of this section, no single parent, or both parents meeting the requirements of paragraph (vii), shall be required to work to the extent that appropriate child care is necessary for the parent to do so and the department determines that such appropriate child care is unavailable for fiscal or other reasons. For purposes of this section "appropriate child care" means child care which is provided by a person or organization qualified and authorized to provide such care by the department of children, youth, and families or such other lawful providers as determined by the department of children, youth, and families. Child care shall be considered "necessary" under this section for any child below the age of thirteen (13), or any children age thirteen (13) years or older who is under supervision of the family court or who requires care because of a physical or mental impairment.
(e) Work expenses. The department shall provide an allowance for transportation costs necessary to comply with the employment plan, provided, however, that the amount of such reimbursement shall not exceed the sum of three dollars ($3.00) per day.
SECTION 3. Section 40-5.1-8 of the General Laws in Chapter 40-5.1
entitled “Family Independence Act” is hereby amended to read as follows:
40-5.1-8. Eligibility for cash assistance. -- (a) (1) Except as otherwise provided for in this section, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, unless the person is a resident of the state and is: (A) either a citizen; or (B) lawfully admitted for permanent residence before August 22, 1996, or (C) otherwise lawfully entitled to reside in the United States before August 22, 1996 and is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under section402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as that section may hereafter be amended; or (D) an alien who on or after August 22, 1996 is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under section 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as that section may hereafter be amended.
(2) An alien who does not meet the citizenship or alienage criteria in subsection (a)(1) above, who was lawfully residing in the United States before August 22, 1996 and who is a resident of this state prior to July 1, 1997, shall be eligible for cash assistance under this chapter without regard to the availability of federal funding; provided, however, that the person meets all other eligibility requirements under this chapter.
(3) Except as provided
herein, n No person shall be ineligible for assistance payments
under this chapter due solely to the restricted eligibility rules otherwise
imposed by section 115(a)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193) and as that
section may hereafter be amended. No
person convicted of a drug related felony, as defined in this section, shall be
eligible for assistance payments under this chapter. For purposes of this chapter, "drug related felony"
means the conviction (under federal or state law) subsequent to August 22, 1996
of an individual of any offense which is classified as a felony by the law of
the jurisdiction involved and which has as an element the distribution or sale
of a controlled substance (as defined in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)).
(b) No family shall be eligible for assistance payments if the combined value of its available resources (reduced by any obligations or debts with respect to such resources) exceed one thousand dollars ($1,000). For purposes of this subsection, the following shall not be counted as resources of the family:
(1) The home owned and occupied by a child, parent, relative or other individual;
(2) Real property owned by a husband and wife as tenants by the entirety, if the property is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in the property;
(3) Real property which the family is making a good faith effort to dispose of, but any aid payable to the family for any such period shall be conditioned upon such disposal and any payments of aid for that period shall (at the time of disposal) be considered overpayments to the extent that they would not have occurred at the beginning of the period for which the payments were made. Any overpayments that may have occurred are debts subject to recovery in accordance with the provisions of section 40-5.1-28;
(4) Income producing property other than real estate including but not limited to equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or services which the department determines are necessary for the family to earn a living;
(5) One (1) vehicle for each adult household member but not to exceed two (2) vehicles per household, and in addition, a vehicle used primarily for income producing purposes such as but not limited to a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which annually produces income consistent with its fair market value, even if only used on a seasonal basis; a vehicle necessary to transport a family member with a disability where the vehicle is specially equipped to meet the specific needs of the person with a disability or if the vehicle is a special type of vehicle that makes it possible to transport the person with a disability;
(6) Household furnishings and appliances, clothing, personal effects and keepsakes of limited value;
(7) Burial plots (one for each child, relative, and other individual), and funeral arrangements;
(8) For the month of receipt and the following month, any refund of federal income taxes made to the family by reason of section32 of the Internal Revenue Code of 1986, 26 U.S.C. section 32, (relating to earned income tax credit), and any payment made to the family by an employer under section 3507 of the Internal Revenue Code of 1986, 26 U.S.C. section 3507 (relating to advance payment of such earned income credit);
(9) The resources of any family member receiving supplementary security income assistance under the Social Security Act, 42 U.S.C. section 301 et seq.
(c) [Deleted by P.L. 2003, ch. 376, art. 12, section 1.]
(d) (1) Except as otherwise provided for in this section, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, if that person after attaining eighteen (18) years of age, has received cash assistance under this chapter for a total of sixty (60) months (whether or not consecutive). The limitation in the preceding sentence only shall apply only if required by federal statute or regulation.
(2) In calculating the sixty (60) month limit imposed in subsection (d)(1), the department shall disregard any month for which assistance was provided with respect to a minor parent or minor pregnant woman during those months when the individual was a minor child.
(3) The department may exempt a family from the application of subsection (d)(1) by reason of hardship; provided, however, that the number of such families to be exempted by the department under this subsection shall not exceed twenty percent (20%) of the average monthly number of families to which assistance is provided for under this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by federal law any waiver granted under section 40-5.1-46(a) shall not be counted in determining the twenty percent (20%) maximum under this section.
(e) Notwithstanding any other provision of this chapter, the amount of cash to which a family is entitled under the chapter shall be reduced by thirty percent (30%) until the family has been a resident of the state for twelve (12) consecutive months; provided, however, that no member of the family who has been resident of the state for twelve (12) consecutive months or longer shall have his or her benefit reduced under this subsection.
(f) (1) A family:
(i) Consisting of a parent who is under the age of eighteen (18) (minor parent); and
(ii) Who has never been married; and
(iii) Who has a child, or a family which consists of a woman under the age of eighteen (18) who is at least six months pregnant (pregnant minor), shall be eligible for cash assistance only if such family resides in the home of a parent, legal guardian or other adult relative. Such assistance shall be provided to the parent, legal guardian, or other adult relative on behalf of the individual and child unless otherwise authorized by the department.
(2) Subdivision (1) shall not apply if:
(i) (A) The minor parent or pregnant minor has no parent, legal guardian or other adult relative who is living and or whose whereabouts are known;
(B) The department determines that the physical or emotional health or safety of the minor parent, or his or her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same residence as his or her parent, legal guardian or other adult relative (refusal of a parent, legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor, to live in his or her home shall constitute a rebutable presumption that the health or safety would be so jeopardized);
(C) The minor parent or pregnant minor has lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of any child to a minor parent or the onset of the pregnant minor's pregnancy; or
(D) There is good cause, under departmental regulations, for waiving the subsection; and
(ii) The individual resides in supervised supportive living arrangement to the extent available. For purposes of this section "supervised supportive living arrangement" means an arrangement which:
(A) Requires teen parents to enroll and make satisfactory progress in a program leading to a high school diploma or a general education development certificate;
(B) Requires teen parents to participate in the adolescent parenting program established in chapter 19 of this title to the extent the program is available; and
(C) Provides rules and regulations which insure regular adult supervision.
(g) As a condition of eligibility for cash and medical assistance under this chapter, each adult member of the family has:
(1) Assigned to the state any rights to support for children within the family from any person which the family member has at the time the assignment is executed or may have while receiving assistance under this chapter;
(2) Consented to and is cooperating with the state in establishing the paternity of a child born out of wedlock with respect to whom assistance is claimed, and in obtaining support payments for the family member with respect to whom the aid is claimed, or in obtaining any other payments or property due any family member, unless the applicant is found to have good cause for refusing to comply with the requirements of this subsection.
Absent good cause for refusing to comply with the requirements of this subsection, the amount of cash a family is otherwise entitled shall be reduced by twenty-five percent (25%) until the adult member of the family who has refused to comply with the requirements of this subsection consents to and cooperates with the state in accordance with the requirements of this subsection.
(3) Consented to and is cooperating with the state in identifying, and providing information to assist the state in pursuing any third party who may be liable to pay for care and services under Title XIX of the Social Security Act, 42 U.S.C. section 1396 et seq.
SECTION
4. Section 40-6-8 of the General Laws in Chapter 40-6
entitled "Public Assistance Act" is hereby amended to read as
follows:
40-6-8. Food stamp program. -- (a) The department shall have the responsibility to administer the food stamp program for the state in compliance with the provisions of the federal Food Stamp Act of 1964, as amended, 7 U.S.C. section 2011 et seq.
(b) The department is empowered and authorized to submit its plan for food stamps to the federal government or any agency or department of it. The department shall act for the state in any negotiations relative to the submission and approval of a plan, and may make any arrangement or changes in its plan not inconsistent with this chapter which may be required by the Food Stamp Act or the rules and regulations promulgated pursuant to it to obtain and retain such approval and to secure for this state the benefits of the provisions of the federal act relating to food stamps. The department shall make reports to the federal government or any agency or department of it in the form and nature required by it, and in all respects comply with any request or direction of the federal government or any agency or department of it which may be necessary to assure the correctness and verification of the reports.
(c) The department is authorized and directed to pay one hundred percent (100%) of the state's share of the administrative cost involved in the operation of the food stamp program.
(d) Except as provided
in this section, n No person shall be ineligible for food stamp
benefits due solely to the restricted eligibility rules otherwise imposed by
section 115(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (Public Laws No. 104-193) [21 U.S.C. section 862a(a)(2)] and as
this section may hereafter be amended. No person convicted of a drug related
felony, as defined in this section, shall be eligible for food stamp benefits.
For purposes of this subsection, "drug related felony" means the
conviction (under federal or state law) subsequent to August 22, 1996 of an
individual of any offense which is classified as a felony by the law of the
jurisdiction involved and which has as an element the distribution or sale of a
controlled substance (as defined in section 102(6) of the Controlled Substances
Act, 21 U.S.C. section 802(6)).
SECTION 5. Section 1 of this article shall take effect
upon passage. Sections 2, 3 and 4 of this article shall take effect on July 1,
2004. Any rules or regulations necessary or advisable to implement the
provisions of sections 1 and 2 of this article shall be effective immediately
as an emergency rule upon the department’s filing thereof with the secretary of
state as it is hereby found that the current fiscal crisis in this state has
caused an imminent peril to public health, safety and welfare, and the
department is hereby exempted from the requirements of sections 42-35-3(b) and
42-35-4(b)(2) relating to agency findings of imminent peril to public health,
safety and welfare and the filing of statements of the agency’s reasons
thereof.
ARTICLE 26 SUBSTITUTE A AS AMENDED
Relating To Commercial Law -- General Regulatory Provisions --
Purchase and Sale of Precious Metals
SECTION
1. Sections 6-11.1-1, 6-11.1-2, 6-11.1-3, 6-11.1-4,
6-11.1-5, 6-11.1-7, 6-11.1-8, 6-11.1-9, 6-11.1-10, 6-11.1-12 and 6-11.1-13 of
the General Laws in Chapter 6-11.1 entitled "Purchase and Sale of Precious
Metals" are hereby amended to read as follows:
6-11.1-1. License required --
"Person" defined. -- (a) No person, including a
pawnbroker, shall engage in the business of buying gold, silver, platinum group
metals, or precious stones, or any articles containing those items, other than
coins purchased for their numismatic value rather than their metal content,
referred to in this chapter as "precious metals," from the general
public for the purpose of reselling the precious metals in any condition
without first obtaining a license from the general treasurer attorney
general of the state of Rhode Island, also called "the treasurer
attorney general" in this chapter. The treasurer attorney
general shall not issue any license to a person who has not registered a
permanent place of business within the state for the purchase or sale of
precious metals. The criteria for determining a person's permanent place of
business shall be formulated by the treasurer attorney general
immediately. on or after July 1, 1981.
(b) The word "person," when used in this chapter, shall include individuals, partnerships, associations, and corporations.
(c) This chapter shall not apply to any financial institution which is covered by federal or state deposit insurance, nor to jewelry and silverware manufacturers purchasing precious metals directly from trade suppliers.
6-11.1-2. Application for license -- Annual
fee -- Treasurer to promulgate rules and regulations. – Application for license – Annual
fee – Attorney general to promulgate rules and regulations. --
Application for the license shall be in writing, under oath, and in the form
prescribed by the treasurer attorney general and shall contain
the name and the address (both of the residence and place of business) of the
applicant, and if the applicant is a partnership or association, of every
member, and if a corporation, of each officer and director and of the principal
owner or owners of the issued and outstanding capital stock; also the city or
town with the street and number where the business is to be conducted, and any
further information that the treasurer attorney general may
require. After receipt of an application for a license, the general
treasurer attorney general shall conduct an investigation to
determine whether the facts presented in the application are true. and
shall receive from the department of the attorney general all records of
criminal information which the department of attorney general has or shall
receive indicating any criminal activity on the part of the person signing the
application and any other persons named in the application. The general
treasurer attorney general may also request a record search and a
report from the national crime and information center (NCIC) of the federal
bureau of investigation. If the application discloses that the applicant has a
disqualifying criminal record, or if the investigation indicates that any of
the facts presented in the application are not true, or if the records of the
department of the attorney general indicate criminal activity on the part of
the person signing the application and any other persons named in the
application, or if the NCIC report indicates an outstanding warrant for the
person signing the application and any other persons named in the application,
then the general treasurer attorney general may initiate a
nationwide criminal records check by the federal bureau of investigation
regarding the person signing the application and any other persons named in the
application, in accordance with any applicable federal standards regarding a
criminal records check. The applicant at the time of making his or her initial
application only shall pay to the treasurer attorney general the
sum of fifty dollars ($50.00) as a fee for investigating the application and
the additional sum of fifty dollars ($50.00) shall be paid annually. Licenses
shall not be assignable or transferable to any other person or entity. The treasurer
attorney general is authorized to promulgate rules and regulations not
inconsistent with this chapter to provide for the effective discharge of the
responsibilities granted by this chapter.
6-11.1-3. Identification and authority of
seller -- Posting of prices -- Weighing. -- (a) Every person
required to be licensed under this chapter shall require positive proof of
identification with photograph, date of birth and current address of every
seller from whom precious metals or an article made from or containing a
precious metal is to be purchased and shall require the seller to sign a
statement on a form to be approved by the treasurer attorney general
stating that the seller is the legal owner of the property or is the agent of
the owner authorized to sell the property, and when and where or in what manner
the property was obtained.
(b) Every person required to be licensed under this chapter shall, before purchasing any precious metal or article made from or containing a precious metal, shall require the seller, if a minor, to be accompanied by the parent or legal guardian of the minor.
(c) Every person required to be licensed under this chapter shall post the prices per ounce that are currently being paid for precious metals in full sight of the prospective seller and the precious metals shall be weighed in full sight of the prospective seller.
6-11.1-4. Record of transactions required --
Reports to police. -- (a) Every person licensed under this
chapter shall keep a copy of the report form obtained from or under the
direction of the treasurer attorney general, containing a
comprehensive record of all transactions concerning precious metals. The
comprehensive record shall be hand printed legibly or typed. The record shall
include the name, address, telephone number and date of birth of the seller, a
complete and accurate description of the property purchased or sold including
any serial numbers or other identifying marks or symbols, and the date and hour
of the transaction.
(b) All persons licensed
under this chapter shall deliver or mail weekly to the chief of police of the
city or town in which the business is located and to the general treasurer
attorney general copies of all report forms from the preceding seven-day
period.
(c) Every person licensed under this chapter shall retain a copy of the report form for a period of one year from the date of the sale stated on the form.
6-11.1-5. Seven day holding period -- Recovery
of stolen property -- Return to rightful owner. -- (a) All
persons licensed under this chapter shall retain in their possession in an
unaltered condition for a period of seven (7) days all precious metals or articles
made from or containing a precious metal except items of bullion, including
coins, bars, and medallions, which do not contain serial numbers or other
identifying marks. The seven (7) day holding period shall commence with the
date the report of its acquisition was delivered to or received through the
mails by the chief of police or the general treasurer attorney
general, whichever is later. The records so received by the chief of police
and the general treasurer attorney general shall be available for
inspection only by law enforcement officers for law enforcement purposes. If
the chief of police has probable cause that precious metals or an article made
from or containing a precious metal has been stolen, he or she may give notice,
in writing, to the person licensed, to retain the metal or article for an
additional period of fifteen (15) days, and the person shall retain the
property for this additional fifteen (15) day period, unless the notice is
recalled, in writing, within the fifteen (15) day period; within the fifteen
(15) day period the chief of police, or his or her designee, shall designate,
in writing, an officer to secure the property alleged to be stolen and the
persons in possession of the property shall deliver the property to the officer
upon display of the officer's written designation by the chief of police or his
or her designee. Upon receipt of the property from the officer, the clerk or
person in charge of the storage of alleged stolen property for a police
department shall enter into a book a description of every article of property
alleged to be stolen which was brought to the police department and shall
attach a number to each article. The clerk or person in charge of the storage
of alleged stolen property shall deliver the property to the owner of the
property upon satisfactory proof of ownership, without any cost to the owner,
provided that the following steps are followed:
(1) A complete photographic record of the property is made;
(2) A signed declaration of ownership under penalty of perjury is obtained from the person to whom the property is delivered;
(3) The person from whom the custody of the property was taken is served with written notice of the claim of ownership and is given ten (10) days from the mailing of the notice to file a petition in district court objecting to the delivery of the property to the person claiming ownership. If a petition is filed in a timely manner, the district court shall at a hearing determine by a preponderance of the evidence that the property was stolen and that the person claiming ownership of the property is the true owner. The decision of the district court may only be appealable by writ of certiorari to the supreme court.
(b) The clerk or person in charge of the storage of alleged stolen property shall not be liable for damages for any official act performed in good faith in the course of carrying out the provisions of this section. The photographic record of the alleged stolen property shall be allowed to be introduced as evidence in any court of this state in place of the actual alleged stolen property; provided that the clerk in charge of the storage of the alleged stolen property shall take photographs of the property, and those photographs shall be tagged and marked and remain in his possession or control.
6-11.1-7. Penalties. -- (a) Every person who shall violate the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500) or imprisoned for not more than one year, or both.
(b) If the value of the property involved in a transaction which is in violation of this chapter exceeds five hundred dollars ($500), a person convicted of a violation shall be fined not more than two thousand dollars ($2,000) or imprisoned for not more than three (3) years or both.
(c) The general
treasurer attorney general shall have the authority to suspend the
license of any person required to be licensed under this chapter as a result of
violations of this chapter or treasury attorney general regulations
leading to penalties under this chapter.
6-11.1-8. Rules and regulations. --
The general treasurer attorney general is authorized to
promulgate, adopt, and enforce any and all rules and regulations deemed
necessary to carry out the duties and responsibilities of this chapter. Rules
and regulations shall be adopted in accordance with the Administrative
Procedure Act, chapter 35 of title 42.
6-11.1-9. Refusal to issue license. --
The general treasurer attorney general shall refuse to issue a
license when the general treasurer attorney general has found
that the application for the license contains a false representation of a
material fact, when investigation reveals that the person applying for the
license has previously been guilty of a violation of this chapter or has been a
partner of a partnership, member of an association, or an officer or director
of a corporation which has previously been guilty of a violation of this
chapter, or has a disqualifying criminal record as defined in section 6-11.1-13.
The general treasurer attorney general may, in his or her
discretion, issue a license if the disqualifying criminal record is more than
ten (10) years old.
6-11.1-10. Suspension, revocation, and
nonrenewal of license. -- The general treasure attorney general, upon his or her
own motion or upon receipt of a signed written complaint which alleges
violations of this chapter or of the rules and regulations promulgated pursuant
to this chapter, may, after a hearing, suspend, revoke, or refuse to renew any
license issued pursuant to this chapter.
6-11.1-12. Appeals. -- Appeals
from a decision by the general treasurer attorney general shall
be made to the sixth division district court in Providence. Appeals from the
decision of the sixth division district court shall be to the supreme court in
accordance with the Administrative Procedures Act, chapter 35 of title 42, as
amended.
6-11.1-13. Disqualifying criminal records --
Employees or agents of licensee. -- A licensee convicted in a
court of this state, a court of another state or in a federal court, of a
felony charge of forgery, embezzlement, obtaining money under false pretenses,
bribery, larceny, extortion, conspiracy to defraud, receiving stolen goods,
burglary, breaking and entering, or any similar offense or offenses, or tax
evasion associated with the conduct of business under a license issued pursuant
to this chapter, shall forfeit his or her license. Prior to forfeiture of the
license, the licensee may request a hearing on the forfeiture. The general
treasurer attorney general when so requested shall hold a hearing.
No licensee shall employ or engage any person as an employee or agent while
engaging in the business of trading in precious metals who has been convicted
of any of the offenses as they are described in this section and which shall be
deemed to be a disqualifying criminal record.
SECTION
2. Section 19-26-5 of the General Laws in Chapter
19-26 entitled "Pawnbrokers" is hereby amended to read as follows:
19-26-5. Records and reports -- Retention of
articles pawned -- Violations. -- (a) Every pawnbroker shall
require positive proof of identification with photograph, date of birth, and
current address of every pawnor and shall require the pawnor to sign a
statement on a form to be approved or provided by the general treasurer attorney
general stating that the pawnor is the legal owner of the property or is
the agent of the owner authorized to pawn the property, and when and where or
in what manner the property was obtained.
(b) (1) Every pawnbroker
shall keep a copy of the statement form approved by the general treasurer
attorney general, in the English language, in which the pawnbroker shall
enter the date, duration, and amount of any loan made by him or her, a full and
accurate description of all articles pawned, the rate of interest, and the
name, personal description, occupation, telephone number, date of birth and
place of residence (with the street and number of the house) of the pawnor. The
pawnbroker shall require the pawnor to sign the statement form with his or her
name and address.
(2) Upon the receipt of the property the pawnbroker shall deliver to the pawnor a memorandum in writing, signed by him or her, numbered with a number corresponding to the number of the statement form, and containing the substance of the statement form.
(3) Whenever required, the
pawnbroker shall submit copies of the statement forms to the inspection of the general
treasurer attorney general, mayor, chief of police, or the deputy
chief of police, or any member of the detective police of any city, or to the
chief of police or the town sergeant of any town, and shall also make out and
deliver to the chief of police of the city, or to the chief of police or the
town sergeant of the town where the license has been granted, every day before
twelve o'clock noon (12:00 p.m.), a legible and correct copy of all the
statement forms made during the twenty-four (24) hours preceding the hour of
ten o'clock (10:00) a.m. of the day upon which the copy is made. The pawnbroker
shall deliver or mail weekly to the general treasurer attorney
general copies of all statement forms from the preceding seven (7) day
period; and shall retain for inspection of the general treasurer attorney
general, mayor, chief of police, deputy chief of police, or any member of
the detective police of any city, or of the chief of police or town sergeant of
any town, all articles received in pawn, for a period of at least forty-eight
(48) hours from the time the articles were received.
(4) Any pawnbroker who knowingly writes the wrong name or address of a person offering any article for pawn, or who knowingly permits the signing of the wrong name or address, shall be fined one hundred dollars ($100) for the first offense. Upon a second offense the pawnbroker's license shall be revoked, and he or she shall not be permitted to conduct the business of pawnbroker in this state for one year. For violating any other provisions of this section a pawnbroker shall be fined one hundred dollars ($100).
(5) Any person offering any article for pawn who signs a wrong name or address shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than six (6) months.
SECTION 3. This article shall take effect upon passage.
ARTICLE 27 SUBSTITUTE A
Relating To Human Services -- Child Care State Subsidies
SECTION 1. Section 40-6.2-1.1 of the General Laws in
Chapter 40-6.2 entitled “Child Care- State Subsidies” is hereby amended to read
as follows:
40-6.2-1.1.
Rates established. -- (a) The reimbursement rate for
home based and center based child care providers shall be on the following
basis:
(1) Home based child care providers shall be reimbursed at
least sixty-six dollars ($66.00) per week for each child under three (3) years
of age and at least forty-four dollars ($44.00) per week for each child three
(3) years old to five (5) years old;
(2) Center based child care providers shall be reimbursed at least
eighty dollars ($80.00) per week for each child under three (3) years of age
and at least fifty-three dollars ($53.00) per week for each child three (3)
years old to five (5) years old.
(b) (a) Effective January 1, 1998, Subject
to the payment limitations in section (b), the minimum maximum
reimbursement rates to be paid by the Departments of Human Services and
Children, Youth and Families for licensed child care centers and certified
family-child care providers shall be based on the following schedule of
percentages of the 75th percentile of weekly market rates:
LICENSED
75th PERCENT- PERCENT- PERCENT-
CHILD CARE
PERCENTILE AGE AGE AGE
CENTERS OF WEEKLY EFFECTIVE
EFFECTIVE EFFECTIVE
MARKET 1/1/98 1/1/99
7/1/1999
RATE
INFANT
$129.50 85.4% 92.7% 100.00%
$182.00
PRESCHOOL $100.00 84.3% 92.1% 100.00%
$150.00
SCHOOL-AGE
$85.00 85.1% 92.6% 100.00%
$135.00
CERTIFIED
75th PERCENT -
PERCENT- PERCENT-
FAMILY PERCENTILE AGE AGE AGE
CHILD CARE OF WEEKLY EFFECTIVE
EFFECTIVE EFFECTIVE
PROVIDERS
MARKET
1/1/98 1/1/99
7/1/1999
RATE
INFANT $105.00 86.4% 93.2% 100.00%
$150.00
PRESCHOOL
$100.00 76.8% 88.4% 100.00%
$150.00
SCHOOL-AGE $100.00 70.0% 85.0% 100.00%
$135.00
(b) The department shall pay child care providers based on the
lesser of the applicable rate specified in section (a), or the lowest rate actually
charged by the provider to any of its public or private child care customers
with respect to each of the rate categories, infant, preschool and school-age.
(c) By June 30, 1998 2004 and biennially thereafter,
the Department of Labor and Training shall conduct an independent survey or
certify an independent survey of the then current weekly market rates for child
care in Rhode Island and shall forward such weekly market rate survey to the
Department of Human Services. The Departments of Human Services and Labor and
Training will jointly determine the survey criteria including, but not limited
to, rate categories and sub-categories. The 75th percentile of weekly market
rates in the table in subsection (b) (a) shall be adjusted by the
surveys conducted under this subsection, beginning January 1, 20026
and biennially thereafter. For the purposes of this section, and until adjusted
in accordance with this subsection, the 75th percentile of weekly market rate
shall mean the 1993 2002 Department of Human Services Child Care
Market Survey.
(d)(c) The department of human services is authorized
and directed to establish rates of reimbursement for appropriate child care
provided to children older than twelve (12) years of age, so as to implement
the provisions of § 40- 5.1-17(b).
(e)(d) In
order to expand the accessibility and availability of quality child care, the
department of human services is authorized to establish by regulation
alternative or incentive rates of reimbursement for quality enhancements, innovative
or specialized child care and alternative methodologies of child care delivery,
including non-traditional delivery systems and collaborations.
SECTION 2. This article
shall take effect upon passage and shall apply to payments to child care providers
for child care services rendered on and after June 6, 2004. Any rules or
regulations necessary or advisable to implement the provisions of this article
shall be effective immediately as an emergency rule upon the department’s
filing thereof with the secretary of state as it is hereby found that the
current fiscal crisis in this state has caused an imminent peril to public
health, safety and welfare, and the department is hereby exempted from the
requirements of sections 42-35-3(b) and 42-35-4(b)(2) relating to agency
findings of imminent peril to public health, safety and welfare and the filing
of statements of the agency’s reasons thereof.
ARTICLE 28 SUBSTITUTE A AS AMENDED
Relating To Video Lottery Terminal
SECTION
1. Section 42-61.2-7 of the General Laws in Chapter
42-61.2 entitled "Video Lottery Terminal" is hereby amended to read
as follows:
42-61.2-7. Division of revenue. -- (a) Notwithstanding the provisions of section 42-61-15, the allocation of net terminal income derived from video lottery games is as follows:
(1) For deposit in the general fund and to the state lottery commission fund for administrative purposes: Net terminal income not otherwise disbursed in accordance with subdivisions (a)(2) through (a)(5) herein;
(2) To the licensed video
lottery retailer: (a) Lincoln Greyhound Park twenty-seven percent (27%) twenty-eight
and eighty-five hundredths percent (28.85%); (b) Newport Jai Ali twenty-six
percent (26%);
(3) To the owners of
dog kennels who are under contract with a licensee: three and four-tenths
(3.4%) of net terminal income derived from video lottery games located at the
facility;
(4) (3) (i)
To the technology providers who are not a party to the Master Contract as set
forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the
net terminal income of the provider's terminals. The lottery commission shall
implement an incentive structure for the providers for Fiscal Year 2004 only,
based on machine performance, not to exceed eight and one-half percent (8.5%)
of net terminal income of the provider's terminals. The lottery commission
shall present this incentive structure in a report to the speaker of the house,
the president of the senate and the governor, at least ninety (90) days prior
to implementation of the incentive structure;
(ii) To contractors who are a party to the Master Contract as set forth and referenced in Public Law 2003, Chapter 32, all sums due and payable under said Master Contract.
(5) (4) To
the city or town in which the licensed video retailer is licensed: one percent
(1%); and provided,
however, beginning January 1, 2005, the town of Lincoln shall receive one and
one quarter percent (1.25%); and
(6) (5) Payments into the state's general fund
specified in subdivisions (a)(1) and (a)(6) shall be made on an estimated
monthly basis. Payment shall be made on the tenth day following the close of
the month except for the last month when payment shall be on the last business
day.
(b) Provided, however, that for the fiscal year commencing July 1, 1993 and subsequent fiscal years, the sum of five million dollars ($5,000,000) to the extent possible shall be contributed to the distressed communities relief program, pursuant to section 45-13-12, to be distributed according to the formula and the contributions shall be as follows:
(1) One million one hundred fifty-two thousand six hundred eighty-three dollars ($1,152,683) of the net terminal income due retailers under subdivision (a)(2) deposited as general revenues as follows: Lincoln Greyhound Park seven hundred sixty-seven thousand, six hundred eighty-seven dollars ($767,687) and Newport Jai Alai Fronton three hundred eighty-four thousand nine hundred ninety-six dollars ($384,996).
(2) Two hundred
eighteen thousand five hundred seventy-nine dollars ($218,579) of the net
terminal income due kennel owners under subdivision (a)(3) deposited as general
revenues.
(3) (2) Six
hundred and twenty-eight thousand seven hundred and thirty-seven dollars
($628,737) of the net terminal income due the technology providers under
subsection (a)(3) deposited as general revenues.
(4) (3)
Three million dollars ($3,000,000) from the state general revenue fund.
SECTION 2. This article shall take effect on July 1, 2004.
ARTICLE 29 SUBSTITUTE A
RELATING TO NONRESIDENT SHAREHOLDER WITHHOLDING
SECTION 1. Section 44-11-2 of the General Laws in
Chapter 44-11 entitled “Business Corporation Tax” is hereby amended to read as
follows:
44-11-2. Imposition of tax. -- (a) Each corporation shall annually pay to the state a tax equal to nine percent (9%) of net income, as defined in § 44-11-11, qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 – 44-11-15, for the taxable year.
(b) A corporation shall pay the amount of any tax as computed in accordance with subsection (a) after deducting from “net income” as used in this section fifty percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if for the taxable year: (1) the corporation is engaged in buying, selling, dealing in, or holding securities on its own behalf and not as a broker, underwriter, or distributor; (2) its gross receipts derived from these activities during the taxable year amounted to at least ninety percent (90%) of its total gross receipts derived from all of its activities during the year. “Gross receipts” means all receipts, whether in the form of money, credits, or other valuable consideration, received during the taxable year in connection with the conduct of the taxpayer’s activities.
(c) A corporation shall not pay the amount of the tax computed on the basis of its net income under subsection (a), but shall annually pay to the state a tax equal to ten cents (10¢) for each one hundred dollars ($100) of gross income for the taxable year or a tax of one hundred dollars ($100), whichever tax shall be the greater, if for the taxable year the corporation is either a “personal holding company” registered under the federal Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., “regulated investment company”, or a “real estate investment trust” as defined in the federal income tax law applicable to the taxable year. “Gross income” means gross income as defined in the federal income tax law applicable to the taxable year, plus (1) any interest not included in the federal gross income, minus (2) interest on obligations of the United States or its possessions, and other interest exempt from taxation by this state, and minus (3) fifty percent (50%) of the excess of capital gains over capital losses realized during the taxable year.
(d)(1) A small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except that the corporation shall be subject to the provisions of subsection (a), to the extent of the income that is subjected to federal tax under subchapter S.
(2) The shareholders of the corporation who are residents of Rhode Island shall include in their income their proportionate share of the corporation’s federal taxable income.
(3) If any shareholder of the corporation is a nonresident
during any part of the corporation’s taxable year, he or she shall file a Rhode
Island personal income tax return and shall include in Rhode Island adjusted
gross income that portion of the corporation’s Rhode Island income allocable to
his or her interest in the corporation.
The shareholder shall execute and forward to the corporation, before the
original due date of the Rhode Island corporation return, an agreement which
states that he or she will file a Rhode Island personal income tax return and
pay income tax on all income derived from or connected with sources in this
state, and the agreement shall be attached to the corporation’s Rhode Island
return for the taxable year.
(4) In the event:
(i) That the nonresident shareholder’s executed agreement is
not attached to the Rhode Island corporation return; or
(ii) That the agreement set forth in subdivision (3) is
attached to the corporate return, and after this if the nonresident shareholder
fails to file a timely personal income tax return, then within thirty (30) days
of the date of notice by the tax administrator to the corporation, the corporation
shall remit to the tax administrator a portion of the share of the
corporation’s taxable income which was derived from or attributable to this
state, this portion shall be computed at the rate set forth in subsection (a),
of the nonresident shareholder’s share of the corporation’s income which was
derived from or attributable to sources within this state.
(4) A nonresident shareholder is required to file a Rhode
Island personal income tax return even though the shareholder’s only source of
Rhode Island income was his or her share of the corporation’s income which was
derived from or attributable to sources within this state, and the amount of
remittance by the corporation on behalf of the nonresident shareholder shall be
allowed as a credit against his or her Rhode Island personal income tax
liability.
(e) Minimum tax. The tax
imposed upon any corporation under this section shall not be less than two
five hundred fifty dollars ($250) ($500).
SECTION 2. Chapter 44-11 of the General Laws entitled
“Business Corporation Tax” is hereby amended by adding thereto the following
section:
44-11-2.2.
Pass-Through Entities – Definitions – Withholding – Returns. --
(a) Definitions: (1) “Pass-through entity” means a corporation that for the
applicable tax year is treated as an S Corporation under IRC §1362(a), and a
general partnership, limited partnership, limited liability partnership, trust,
or limited liability company that for the applicable tax year is not taxed as a
corporation for federal tax purposes under the state’s check-the-box
regulation.
(2) “Member” means an individual who is a shareholder of an S
corporation; a partner in a general partnership, a limited partnership, or a
limited liability partnership; a member of a limited liability company; or a
beneficiary of a trust;
(3) “Nonresident” means an individual who is not a resident of
or domiciled in the state, a business entity that does not have its commercial
domicile in the state, and a trust not organized in the state.
(b) Withholding: (1) A
pass-through entity shall withhold income tax at the highest Rhode Island
withholding tax rate provided for individuals or nine percent (9%) for
corporations on the member’s share of income of the entity which is derived
from or attributable to sources within this state distributed to each
nonresident member and pay the withheld amount in the manner prescribed by the
tax administrator. The pass-through
entity shall be liable for the payment of the tax required to be withheld under
this section and shall not be liable to such member for the amount withheld and
paid over in compliance with this section.
A member of a pass-through entity that is itself a pass-through entity
(a “lower-tier pass-through entity”) shall be subject to this same requirement
to withhold and pay over income tax on the share of income distributed by the
lower-tier pass-through entity to each of its nonresident members. The tax administrator shall apply tax
withheld and paid over by a pass-through entity on distributions to a
lower-tier pass-through entity to the withholding required of that lower-tier
pass-through entity.
(2) A pass-through entity shall, at the time of payment made
pursuant to this section, deliver to the tax administrator a return upon a form
prescribed by the tax administrator showing the total amounts paid or credited
to its nonresident members, the amount withheld in accordance with this
section, and any other information the tax administrator may require. A pass-through entity shall furnish to its
nonresident member annually, but not later than the fifteenth day of the third
month after the end of its taxable year, a record of the amount of tax withheld
on behalf of such member on a form prescribed by the tax administrator.
(c) Notwithstanding subsection (b), a pass-through entity is
not required to withhold tax for a nonresident member if:
(1) the member has a pro rata or distributive share of income
of the pass-through entity from doing business in, or deriving income from
sources within, this State of less than $1,000 per annual accounting period;
(2) the tax administrator has determined by regulation, ruling
or instruction that the member’s income is not subject to withholding; or
(3) the member elects to have the tax due paid as part of a
composite return filed by the pass-through entity under subsection (d); or
(4) the entity is a publicly traded partnership as defined by
Section 7704(b) of the Internal Revenue Code that is treated as a partnership
for the purposes of the Internal Revenue Code and that has agreed to file an
annual information return reporting the name, address, taxpayer identification
number and other information requested by the tax administrator of each
unitholder with an income in the state in excess of $500.
(d) Composite return:
(1) A pass-through entity may file a composite income tax return on
behalf of electing nonresident members reporting and paying income tax at the
state’s highest marginal rate on the members’ pro rata or distributive shares
of income of the pass-through entity from doing business in, or deriving income
from sources within, this State.
(2) A nonresident member whose only source of income within a
state is from one or more pass-through entities may elect to be included in a
composite return filed pursuant to this section.
(3) A nonresident member that has been included in a composite
return may file an individual income tax return and shall receive credit for
tax paid on the member’s behalf by the pass-through entity.
SECTION 3. Section 44-30-58 of the General Laws in Chapter
44-30 entitled “Personal Income Tax” is hereby amended to read as follows:
44-30-58. Requirements concerning returns, notices, records, and statements. -- (a) General. The tax administrator may prescribe regulations as to the keeping of records, the content and form of returns and statements, and the filing of copies of federal income tax returns and determinations. The tax administrator may require any person, by regulation or notice served upon the person, to make such returns, render such statements, or keep such records, as the tax administrator may deem sufficient to show whether or not the person is liable for the tax or for collection of the tax.
(b) Partnerships. Every partnership having any income derived
from Rhode Island sources, determined in accordance with the applicable rules
of § 44-30-32 as in the case of a nonresident individual, shall make a return
for the taxable year setting forth all items of income and deduction and such
other pertinent information as the tax administrator may by regulation or
instructions prescribe. Any
partnership with nonresident partners having any income derived from Rhode
Island sources shall be subject to the provisions of 44-11-2.2.
(c) Information at source. The tax administrator may prescribe regulations and instructions requiring returns of information to be made and filed on or before February 28 of each year as to the payment or crediting in any calendar year of amounts of one hundred dollars ($100) or more to any Rhode Island personal income taxpayer. The returns may be required of any person, including lessees or mortgagors of real or personal property, fiduciaries, employers, and all officers and employees of this state, or of any municipal corporation or political subdivision of this state, having the control, receipt, custody, disposal or payment of interest, rents, salaries, wages, premiums, dividends and other corporate distributions, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, or income. A duplicate of the statement as to tax withheld on wages, required to be furnished by an employer to an employee, shall constitute the return of information required to be made under this section with respect to the wages.
(d) Notice of qualification as fiduciary. Every receiver, trustee in bankruptcy, assignee for benefit of creditors, or other like fiduciary shall give notice of his or her qualification as such to the tax administrator as may be required by regulation.
SECTION 4. This article shall take effect upon passage
and apply to tax years beginning on or after January 1, 2004.
ARTICLE 30 SUBSTITUTE A
RELATING TO BUSINESS REGULATION FEES
SECTION 1. Sections 3-6-1, 3-6-1.2, 3-6-9, 3-6-10, 3-6-12
and 3-6-14 of the General Laws in Chapter 3-6 entitled “Manufacturing and
Wholesale Licenses” are hereby amended to read as follows:
3-6-1. Manufacturer's license. – (a) A manufacturer's license authorizes the holder to establish and operate a brewery, distillery, or winery at the place described in the license for the manufacture of beverages within this state. The license does not authorize more than one of the activities of operator of a brewery or distillery or winery and a separate license shall be required for each plant.
(b) The license also authorizes the sale at wholesale at the licensed place by the manufacturer of the product of the licensed plant to another license holder and the transportation and delivery from the place of sale to a licensed place or to a common carrier for that delivery. The license does not authorize the sale of beverages for consumption on premises where sold. The license does not authorize the sale of beverages in this state for delivery outside this state in violation of the law of the place of delivery.
(c) The annual fee for the license is three thousand
dollars ($3,000) for a distillery, one hundred dollars ($100) five
hundred dollars ($500) for a brewery, and one thousand dollars ($1,000)
one thousand five hundred dollars ($1,500) for a winery producing more
than fifty thousand (50,000) gallons per year and one five
hundred dollars ($100) ($500) per year for a winery producing
less than fifty thousand (50,000) gallons per year. All those fees are prorated
to the year ending December 1 in every calendar year and shall be paid to the
division of taxation and be turned over to the general treasurer for the use of
the state.
3-6-1.2. Brewpub manufacturer's license. – (a) A brewpub manufacturer's license shall authorize the holder to establish and operate a brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of the beverages manufactured on the location for consumption on the premises. The license shall not authorize the retail sale of beverages from any location other than the location set forth in the license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-gallon bottle known as a "growler" to consumers for off the premises consumption to be sold pursuant to the laws governing retail Class A establishments.
(b) The license shall also authorize the sale at wholesale at the licensed place by the manufacturer of the product of his or her licensed plant as well as beverages produced for the brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the transportation and delivery from the place of sale to the licensed wholesaler or to a common carrier for that delivery.
(c) The brewpub manufacturer's license further authorizes the sale of beverages manufactured on the premises to any person holding a valid wholesaler's and importer's license under § 3-6-9 or 3-6-11.
(d) The annual fee for the license is one thousand dollars
($1,000) for a brewpub producing more than fifty thousand (50,000) gallons per
year and one hundred dollars ($100) five hundred dollars ($500)
per year for a brewpub producing less than fifty thousand (50,000) gallons per year.
The annual fee is prorated to the year ending December 1 in every calendar year
and paid to the division of taxation and turned over to the general treasurer
for the use of the state.
3-6-9. Wholesaler's license –
Class A. -- A
wholesaler's license, Class A, authorizes the holder to keep for sale and to
sell malt beverages and wines at wholesale at the place described to holders of
licenses under this title within this state and to holders of wholesale
licenses in other states and the transportation and delivery from the place of
sale to those license holders or to a common carrier for that delivery. Sales
by a wholesaler in this state to a holder of a wholesale license in another
state shall be only to a wholesaler who is a distributor of the same brand of
malt beverages or wines subject to permission by the department. The license
shall not authorize the sale of malt beverages or wines for consumption on the
premises where sold nor their sale for their delivery outside this state in
violation of the law of the place of delivery. The annual fee for the license
is one thousand two hundred fifty dollars ($1,250) two thousand
dollars ($2,000) prorated to the year ending December 1 in every calendar
year, and shall be paid to the division of taxation and turned over to the
general treasurer for the use of the state. Whenever any malt beverages or
wines are sold outside the state pursuant to this section, refunds or credits
of import fees previously paid on those malt beverages or wines shall be made
to holders of wholesaler's licenses under this title in accordance with
regulations promulgated by the division of taxation.
3-6-10. Wholesaler's license – Class B. – (a) A wholesaler's license, Class B, authorizes the holder to keep for sale and to sell malt and vinous beverages and distilled spirits at wholesale, at the place described in the license, to holders of licenses under this title within this state and to holders of wholesale licenses in other states and authorizes the transportation and delivery from the place of sale to those license holders or to a common carrier for that delivery. Sales by a wholesaler in this state to a holder of a wholesale license in another state shall be only to a wholesaler who is a distributor of the same brand of malt beverages, vinous beverages, and distilled spirits subject to permission by the state liquor control administrator. The license shall not authorize the sale of beverages for consumption on the premises where sold nor the sale of beverages for delivery outside this state in violation of the law of the place of delivery.
(b) The annual fee for the license is three thousand
dollars ($3,000) four thousand ($4,000) prorated to the year ending
December 1 in every calendar year, and shall be paid to the division of
taxation and turned over to the general treasurer for the use of the state
whenever any malt beverages, vinous beverages, and distilled spirits are sold
outside the state pursuant to this section. Refunds or credits of import fees
previously paid on malt beverages, vinous beverages and distilled spirits shall
be made to holders of wholesaler's licenses under this title in accordance with
regulations promulgated by the division of taxation.
3-6-12. Agents' licenses. -- Any person who represents a distillery, winery, or
brewery is deemed and taken to be acting as an agent for and on behalf of that
distillery, winery, or brewery, and is required to have received from the
department a license to act as an agent. The annual fee for that license is twenty-five
dollars ($25) fifty dollars ($50.00) paid to the division of
taxation. The department may, after notice, suspend or revoke any license for
cause.
3-6-14. Certificate of compliance. – (a) As conditions precedent to transporting, or causing to be transported, distilled spirits, malt beverages, and vinous beverages into this state for storage, sale, or consumption in this state, any person, firm, or corporation located in another state shall first obtain a certificate of compliance from the department.
(b) The certificate of compliance shall be issued upon the condition that the holder furnishes from time to time, as the department may require, but in no event more often than once each month, information concerning all shipments or sales of distilled spirits, malt beverages, and vinous beverages made into this state. The holder must also furnish information concerning the brand, type of container, quantity, and other information that may be required by the department. The department is empowered to promulgate any rules and regulations that may be necessary for the enforcement of this subsection.
(c) As a condition precedent to the issuance of and during the term of a certificate, the holder shall comply with the provisions of this title, and all rules and regulations promulgated under authority of this title.
(d) The department may suspend, cancel, or revoke any certificate of compliance for violation of the terms or conditions of the certificate.
(e) The certificate of compliance shall contain on its face a list of those distilled spirits, malt beverages, and vinous beverages transported or caused to be transported into this state by the holder of the certificate.
(f) The annual fee for the certificate of compliance is thirty-five
dollars ($35.00) forty dollars ($40.00) for each and every brand,
blend, mixture, variety, type, kind, and class of distilled spirits, malt
beverages, and vinous beverages. The annual fee, prorated to the year ending
December 1st in every calendar year, is paid to the department, and deposited
as general revenues. The department may fix a flat fee per gallon instead of
the annual fee for any of the above categories where the application for a
certificate of compliance contains an affidavit that less than twenty-five (25)
gallons of the category involved will be imported during the year for which
filed.
SECTION 2. Sections 3-7-15 and 3-7-25 of the General
Laws in Chapter 3-7 entitled “Retail Licenses” are hereby amended to read as
follows:
3-7-15. Class G license. – (a) A Class G retailer's license shall be issued only to any dining car company, sleeping car company, parlor car company, and railroad company operating in this state, or any company operating passenger carrying marine vessels in this state, or any airline operating in this state, and authorizes the holder of the license to keep for sale and to sell in its dining cars, sleeping cars, buffet cars, club cars, lounge cars and any other cars used for the transportation or accommodation of passengers, and in or on any passenger-carrying marine vessel, and in any airplane, beverages for consumption therein or thereon, but only when actually en route.
(b) In addition, the holder of the Class G license for a passenger-carrying marine vessel may serve alcoholic beverages at retail aboard the vessel during the period thirty (30) minutes prior to the scheduled departure and until departure, provided that the local licensing board annually consents.
(c) Each company or airline to which the license is issued
shall pay to the department an annual fee of one hundred dollars ($100) two
hundred fifty dollars ($250) for the license, and one dollar ($1.00) for
each duplicate of the license, which fees are paid into the state treasury.
(d) The license expires one year from its date and is good throughout the state as a state license, and only one license is required for all cars or airplanes, but a license issued to any company or person operating passenger-carrying marine vessels in this state shall authorize the sale of beverages only in the passenger-carrying marine vessel designated and no further license shall be required or tax levied by any city or town for the privilege of selling beverages for consumption in those cars or on those vessels or in those airplanes. Each licensed dining car company, sleeping car company, and railroad car company shall keep a duplicate of the license posted in each car where beverages are sold. The department shall issue duplicates of the license from time to time upon the request of any licensed company upon the payment of the fee of one dollar ($1.00).
3-7-25. Sanitary conditions for dispensing of malt beverages or wine. – (a) Beer or wine pipe lines, faucets and barrel-tapping devices used for the dispensing of malt beverages or wine in places where the dispensing is carried on by licensees under this chapter shall be cleaned at least once every four (4) weeks by the use of a hydraulic pressure mechanism, hand-pump suction or a force cleaner or other system approved by the department or shall be permanently kept clean by a device approved by the department. After cleaning, the lines shall be rinsed with clear water until all chemicals, if any have been used, are removed. The cleaning equipment must be operated in conformance with the manufacturer's recommendations.
(b) A record, the form of which shall be approved by the department, shall be used to record the dates and the methods used in cleaning of beer or wine pipe lines, coils, tubes and appurtenances. This record shall be signed by the person who performs the cleaning operation and countersigned by the licensee. The records shall be kept on the licensed premises for a period of one year from the date of the last entry and made available at all times for inspection by health enforcement and law enforcement officers.
(c) Line cleaners may be certified by the department and the
department shall issue a license and charge a fee not to exceed twenty-five
dollars ($25.00) fifty dollars ($50.00) for each license.
SECTION 3. Sections 5-20.5-4, 5-20.5-11, and 5-20.5-20
of the General Laws in Chapter 3-20.5 entitled “Real Estate Brokers and
Salespersons” are hereby amended to read as follows:
5-20.5-4. Examination of applicants – Examination fee – Licensing without examination. – (a) The director requires any applicant for a real estate broker's or salesperson's license to submit to and pass a written examination to show the applicant's knowledge of reading, writing, spelling, elementary arithmetic, and in general the statutes relating to real property, deeds, mortgages, leases, contracts, and agency. The director deems that the uniform portion of the Rhode Island real estate examination has been passed if the applicant has a current real estate license from a state which allows a similar reciprocal waiver for persons holding a current Rhode Island broker's or salesperson's license and has been licensed for a period of not less than two (2) years; provided, that the applicant must be tested for the remainder of the Rhode Island real estate examination as administered by the department of business regulation. An applicant for a real estate broker's or salesperson's license, prior to the taking of the examination, pays to the director an examination fee, the cost of which is limited to the charge as designated by the appropriate testing service's contract with the department of business regulation.
(b) The applicant for a broker's license must also submit satisfactory proof that he or she has been engaged full time as a real estate salesperson for at least one year prior to the date of application, except that the period is waived if the applicant has received a baccalaureate degree with a major in real estate, from an accredited college or university; or has successfully completed at least ninety (90) hours of classroom study in a school as defined in § 5-20.5-19, or equivalent in a correspondence course offered by an extension department of an accredited college or university. The director may require any other proof, through the application or otherwise, that he or she desires with regard to the paramount interests of the public, as to the honesty, trustworthiness, integrity, good reputation, and competency of the applicant.
(c) The director shall notify applicants of the result of the examination within thirty (30) days of the date of the examination. Any successful applicant who fails to remit the original license fee as provided in § 5-20.5-11 within one year of the date of that examination is required by the director to re-submit to and pass a written examination as provided in subsection (a).
(d) When an attorney-at-law licensed by the supreme court of the state desires to have a real estate broker's license or a real estate salesperson's license, the attorney, by application, and upon payment of the applicable fee as provided in § 5-20.5-11, is granted a license without examination.
(e) A certificate of licensure is issued by the real estate
division of the department of business regulation within thirty (30) days after
it is requested at a cost of not more than fifteen dollars ($15.00) twenty-five
($25.00) for each certificate issued.
5-20.5-11. Fees and license renewals. – (a) The following fees are charged by the director:
(1) For each application, a fee of ten dollars ($10.00);
(2) For each examination a fee, the cost of which is limited to the charge as designated by the appropriate testing service's contract with the department of business regulation;
(3) For each original broker's license issued, a fee of eighty-five dollars ($85.00) per annum for the term of the license and for each annual renewal of the license, a fee of eighty-five dollars ($85.00) per annum for the term of renewal. The total fees for the term of initial licensure and of renewal are paid at the time of application for the license;
(4) For each original salesperson's license issued, a fee of sixty-five dollars ($65.00) per annum for the term of the license and for each renewal of the license, a fee of sixty-five dollars ($65.00) per annum for the term of the license. The total fees for the term of initial licensure and of renewal are paid at the time of application for the license.
(5) For each change from one broker to another broker by a
salesperson, or a broker, a fee of fifteen dollars ($15.00) twenty-five
dollars ($25.00) to be paid by the salesperson or the broker;
(6) For each duplicate license, where a license is lost or
destroyed and affidavit is made of that fact, a fee of ten dollars ($10.00)
twenty-five dollars ($25.00);
(7) For each duplicate pocket card, where the original pocket card
is lost or destroyed and affidavit is made of that fact, a fee of ten
dollars ($10.00) twenty-five dollars ($25.00);
(8) For each broker's license reinstated after its expiration
date, a late fee of sixty-five dollars ($65.00) one hundred dollars
($100), in addition to the required renewal fee;
(9) For each salesperson's license reinstated after its expiration
date, a late fee of sixty dollars ($60.00) one hundred dollars ($100)
in addition to the required renewal fee.
(b) Every licensed real estate broker and salesperson who desires to renew a license for the succeeding year term applies for the renewal of the license upon a form furnished by the director and containing whatever information is required by the director. Any renewal of a license is subject to the same provisions covering issuance, suspension, and revocation of any license originally issued. At no time shall any license be renewed without examination if the license has expired beyond a period of one year.
5-20.5-20. Real estate school
permit – Fees – Penalty for operation without permit prohibited. – (a) It is unlawful for any school to
offer courses or to conduct classes of instruction in real estate subjects
without first procuring a permit; or having obtained a permit, to represent
that its students are assured of passing examinations given by the division of
professional regulation, or to represent that the issuance of a permit is a
recommendation or iendorsement of the school to which it is
issued, or of any course of instruction given by it.
(b) The application of each school is accompanied by a first
year license fee of two hundred dollars ($200) two hundred fifty
dollars ($250) and, a further fee of one hundred dollars ($100) multiplied
by the remaining term of licensure. If issued, the license is renewable on the
payment of a renewal fee assessed at the rate of one hundred dollars ($100)
one hundred fifty ($150) per annum. The total fee for the entire term of
initial licensure and renewal is paid at the time of application therefor.
(c) In the event that any person is found guilty of violating this section in the operation of a school, or any rule or regulation adopted pursuant thereto, or attempts to continue to operate as a school after the revocation or during a period of suspension of a permit, he or she shall be deemed guilty of a misdemeanor.
(d) The department of business regulation shall promulgate rules and regulations mandating the term of license and the term of renewal of each permit issued; however, no license shall remain in force for a period in excess of three (3) years.
SECTION 4. Section 5-20.7-15 of the General Laws in
Chapter 5-20.7 entitled “Real Estate Appraiser Certification Act” is hereby
amended to read as follows:
5-20.7-15. Fees. --
The director is hereby empowered and directed to establish a fee schedule for
the application, review, examination, and re-examination of applicants for
certification and licensing and for the issuance and renewal of certificates
and for late fees; provided, however, that the annual fee for a residential or
general appraiser certificate shall be one hundred and fifty dollars ($150)
two hundred dollars ($200).
SECTION 5. Section 5-38-8 of the General Laws in
Chapter 5-38 entitled “Automobile Body Repair Shops” is hereby amended to read
as follows:
5-38-8. License fee. – The license fee for each year shall be
one hundred dollars ($100). If an applicant desires to do business in more than
one location, he, she, or it shall pay a separate fee of one hundred dollars
($100) one hundred fifty dollars ($150) for each such location which
is authorized by the department of business regulation.
SECTION 6. Sections 5-52-4.3 and 5-52-5 of the General
Laws in Chapter 5-52 entitled “Travel Agencies” are hereby amended to read as
follows:
5-52-4.3. Apprentice permits. – The department is authorized to issue
an apprentice permit to any person, without examination, who is otherwise
qualified by reason of age and reputation, to assist in the performance of a
travel agency while under the that travel agency or of a travel agent, for
whose performance that travel agency and/or travel strict supervision of that
travel agency or of a travel agent, for whose performance that travel agency and/or
travel agent shall be liable as if that performance was undertaken by that
travel agency or travel agent. An
apprentice permit shall be valid for a period of six (6) months from the date
of issue and may be renewed for cause shown upon proper application to the
director. The fee for an apprentice permit and for each renewal shall be ten
dollars ($10.00) twenty-five dollars ($25.00).
5-52-5 License fees – Transfer and renewal of licenses. -- (a) All licenses issued under this chapter shall be for a period of one year. No license shall be issued until all license fees due are paid in full.
(b) The per annum fee for the issuance of a travel
agency license for any person, firm, partnership, or corporation is one
hundred dollars ($100) one hundred twenty-five dollars ($125).
(c) The per annum fee for the issuance of a
travel agent or travel manager license shall be thirty dollars ($30.00) fifty
dollars ($50.00). The fee for a travel agent or manager license to be
transferred to another travel agency shall be fifteen dollars ($15.00). The
Llicense fee for a duplicate license that is destroyed or
mutilated shall be five dollars ($5.00).
(d) No license shall be assignable or transferable except on the prior approval of the department of business regulation.
(e) Application for renewal of a license must be
received by the licensing authority no less than twenty-one (21) days prior to
expiration date, subject to the right of the licensing authority to permit late
filing upon good cause shown. Any renewal of a license shall be subject to the
same provisions covering issuance, suspension, and revocation of any license
originally issued. The licensing authority may refuse to renew a license for
any of the grounds stated in § 5-52-7 and where the past conduct of the
applicant affords reasonable grounds for belief that he or she will not carry
out his or her duties in accordance with law and with integrity and honesty.
The authority shall promptly notify the licensee, in writing, by certified mail
of its intent to refuse to renew the license. The licensee may, within
twenty-one (21) days after receipt of that notice of intent, request a hearing
on the refusal. The licensee shall be
permitted to honor commitments already made to its customers provided that no
new commitments are incurred, unless said new commitments are completely bonded
to insure that the general public is protected from loss of monies paid to the
licensee. Where an applicant does not request a hearing in accordance with §
42-35-14, the licensing authority may carry out the proposal stated in its
notice.
SECTION 7. Sections 5-57-23, 5-57-29, and 5-57-35 of
the General Laws in Chapter 5-57 entitled “Burglar and Hold-Up Alarm
Businesses” are hereby amended to read as follows:
5-57-23. Application, license,
replacement and renewal fees. -- (a) A nonrefundable application fee of one hundred
dollars ($100) one hundred twenty-five dollars ($125) shall be
remitted with each application to cover investigation and administrative costs.
(b) The licensing authority shall promulgate rules and regulations mandating the term of license for each license issued pursuant to this chapter; however, no license shall remain in force for a period in excess of three (3) years.
(c) Any fee for the initial issuance of a license or for the renewal of a license shall be determined by multiplying the per annum fee by the term of years of the license. The entire fee for the total term of licensure shall be paid prior to issuing the initial license or renewal.
(d) The per annum fee for the initial issuance
of a license shall be seventy-five dollars ($75.00) one hundred
dollars ($100) which shall be remitted with the application, but which will
be refunded if the application of the alarm business is denied or withdrawn
before approved.
(e)(1) The licensee shall submit a completed
renewal application form not later than thirty (30) days before the expiration
of the license with a twenty-five dollar ($25.00) fifty dollar
($50.00) nonrefundable administrative fee to cover the cost of processing
the renewal application.
(2) The per annum fee for renewal shall be seventy-five
dollars ($75.00) one hundred dollars ($100). If the renewal
application of the licensee is denied, the annual fee will be refunded.
(f) All fees shall be paid into the general fund.
(g) There shall be a ten dollar ($10.00) charge
for issuance of a duplicate license to replace a lost, damaged original, or
renewal license. Fees for the replacement shall be paid into the general fund.
5-57-29. I.D. cards – Requirement – Application – Issuance or denial. -- (a) It shall be unlawful and punishable as provided in § 5-57-41 for any individual to function as an alarm agent or to perform the duties described in subsections (b) and (c) without first obtaining an identification card (hereinafter referred to as "I.D." card).
(b) Owners, principal corporate officers, partners, and managers of all alarm businesses shall be required to obtain I.D. cards if they directly engage in selling, installing, altering, servicing, moving, maintaining, repairing, replacing, monitoring, responding to, or causing others to respond to, alarm systems within the state.
(c) Any individual engaged in the alarm business or employed by or associated with an alarm business within the state who is not an alarm agent but who has access to confidential information relating to a customer or subscriber of an alarm business or who monitors radio equipment used in connection with an alarm business shall also obtain an I.D. card.
(d) Individuals required to obtain an I.D. card under this section shall file a joint application for a temporary and permanent I.D. card and upon completion thereof, the alarm business shall immediately forward the application form to the licensing authority and retain a copy of the application in its files. Alarm businesses shall issue temporary I.D. cards in the manner prescribed in subsection (g) until the I.D. card applicant obtains a permanent I.D. card from the licensing authority.
(e) A person engaged in the alarm business on September 1, 1977 shall have authority to and shall be required to issue to its alarm agents or other individuals required to obtain I.D. cards under this section temporary I.D. cards (as provided in subsection (g)) while the application of that person for an alarm business license is pending. If that alarm business application is finally denied, the alarm business shall no longer have authority to issue temporary I.D. cards and all temporary I.D. cards issued by that alarm business shall become void and shall be returned by the temporary I.D. cardholders to the issuer.
(f) Application for an I.D. card shall be on a form prescribed by the licensing authority and shall include the following:
(1) The I.D. card applicant's full name and any other names previously used, current residence and business addresses and telephone numbers;
(2) Date and place of birth;
(3) Whether the I.D. card applicant is applying as an alarm agent or as an individual required to obtain an I.D. card under subsection (b) or (c);
(4) A list of all felony and misdemeanor convictions of the I.D. card applicant in any jurisdiction;
(5) Two classifiable sets of fingerprints recorded in such manner that may be specified by the licensing authority;
(6) Two recent photographs of a type prescribed by the licensing authority;
(7) The name and address of the alarm business which employs or will employ or otherwise engage the I.D. card applicant;
(8) The application shall include a statement by the alarm business which employs or will employ the I.D. card applicant or otherwise engage the I.D. card applicant as to whether that alarm business:
(i) Is licensed under this chapter;
(ii) Has a license application pending before the licensing authority; or
(iii) Is unlicensed and does not have an application pending before the licensing authority but was engaged in the alarm business within the state on September 1, 1977 and intends to file a timely application for an alarm business license under this chapter;
(9) A statement by the alarm business as to whether it has issued a temporary I.D. card to the I.D. card applicant. If the alarm business has issued a temporary I.D. card, the alarm business shall state the date of issuance of the card and the card number;
(10) The I.D. card applicant's employment record for the prior three (3) years;
(11) A statement whether the applicant has been denied an alarm agent, guard or private investigator license, permit or I.D. card or business license for an alarm business, guard or private investigator business in any jurisdiction and whether that license, permit or I.D. card has been revoked;
(12) A statement that the I.D. card applicant will inform the licensing authority of any material change in the information set forth in the I.D. card applicant's form within ten (10) days after that change; and
(13) Any other information which the licensing authority may reasonably deem necessary to determine whether an applicant for an I.D. card meets the requirements of this chapter.
(g) A temporary I.D. card shall be issued by an alarm business licensed under this chapter to any of its alarm agents or any other individual required to obtain an I.D. card prior to the issuance of a permanent I.D. card for any such individual by the licensing authority. The form for temporary I.D. cards shall be at the discretion of the alarm business, but only with the approval of the licensing authority. The form for permanent I.D. cards shall be prescribed by the licensing authority and shall include the following concerning the I.D. cardholder:
(1) Full name and signature;
(2) An I.D. card number and date of issuance of the card;
(3) Date and place of birth;
(4) Name and address of the alarm business which employs the applicant or with which the applicant is associated;
(5) Date of commencement of employment or association with the alarm business; and
(6) A recent photograph of the I.D. cardholder.
(h) Before issuing a permanent I.D. card, the licensing authority shall require the prospective I.D. cardholder to submit on forms provided by the licensing authority the names and addresses of two (2) references who can verify the applicant's good moral character and competency to install alarms or alarm systems and the names and addresses of employers of the prospective I.D. cardholder for the past three (3) years, and shall make reasonable and prudent inquiries to determine whether the applicant meets the requirements of this section. If the licensing authority has reason to believe that the individual required to obtain a permanent I.D. card does not meet the requirements of this section, no permanent I.D. card shall be issued by the licensing authority.
(i) Any alarm business issuing a temporary I.D. card shall promptly report to the licensing authority the name, address, and I.D. card number of the individual to whom it has issued a temporary I.D. card.
(j) The temporary or permanent I.D. card shall be carried by an individual required to obtain an I.D. card under this chapter whenever that individual is engaged in the alarm business and shall be exhibited upon request.
(k) Application for an I.D. card to the
licensing authority shall be accompanied by a twenty-five dollar ($25.00)
thirty dollar ($30.00) fee to cover the cost of processing the
application and investigating the applicant. The fees collected shall be paid
into the general fund.
(l) The licensing authority may refuse to issue an I.D. card if the I.D. card applicant has been convicted of a felony or a misdemeanor in any jurisdiction and the licensing authority finds that the conviction reflects unfavorably on the fitness of the applicant to engage in the alarm business or to be employed by an alarm business.
(m) The permanent I.D. card issued by the
licensing authority shall include the items listed in subsection (g) and the
expiration date of the I.D. card.
5-57-35. Renewal and replacement
of I.D. cards – Notification of changes. – (a)
I.D. cards issued by the licensing authority shall be valid for a period of two
(2) years. An I.D. card renewal form must be filed by the cardholder with the
licensing authority not less than thirty (30) days prior to the expiration of
the I.D. card. The fee for renewal of an I.D. card shall be five dollars
($5.00) fifteen dollars ($15.00) and shall be paid into the general
fund.
(b) The licensing authority may refuse to renew an I.D. card on any of the grounds stated in § 5-57-19(1), and it shall promptly notify the I.D. cardholder of its intent to refuse to renew the license. The I.D. cardholder may within fifteen (15) days after receipt of the notice of intent to refuse to renew an I.D. card, request a hearing on that refusal in the same manner and in accordance with the same procedure as that provided in § 5-57-20(b).
(c) An alarm business shall notify the licensing authority within ten (10) days after the death or termination of employment of any of its employees or of any individual associated with the alarm business who holds an I.D. card issued by it or by the licensing authority.
(d) There shall be a five dollar ($5.00) charge
for issuance of a duplicate I.D. card to replace a lost, damaged, or destroyed
original, or renewal I.D. card. Fees for the replacement shall be paid into the
general fund.
SECTION 8. Sections 23-26-12 and 23-26-31 of the
General Laws in Chapter 23-26 entitled “Bedding and Upholstered Furniture” are
hereby amended to read as follows:
23-26-12. Sterilization permits.
-- Any sterilization process, before being used in
connection with this chapter, must receive the approval of the director. Every
person, firm, or corporation desiring to operate the sterilization process
shall first obtain a numbered permit from the director and shall not operate
the process unless the permit is kept conspicuously posted in the
establishment. Fee for original permit shall be fifty dollars ($50.00) seventy
dollars ($70.00). Application for the permit shall be accompanied by
specifications in duplicate, in such form as the director shall require. Each
permit shall expire one year from date of issue. Fee for annual renewal of a
sterilizing permit shall be one-half (1/2) the original fee.
23-26-31. Fees. -- (a) The per annum fees imposed for licenses issued pursuant to § 23-26-30 shall be as follows:
(1) Every applicant classified as a manufacturer of articles
of bedding for sale at wholesale or retail or as a supply dealer shall pay,
prior to the issuance of a general license, a per annum fee of one hundred
and fifty dollars ($150) one-hundred seventy-five dollars ($175),
and the licensee may be engaged in any or all of the following:
(i) Manufacture of articles of bedding for sale at wholesale;
(ii) Manufacture of articles of bedding for sale at retail;
(iii) Supply dealer;
(iv) Repairer-renovator.
(2) Every applicant classified as a repairer-renovator
or retailer of second-hand articles of bedding shall pay, prior to the issuance
of a limited license, a per annum fee of forty dollars ($40.00) fifty
dollars ($50.00), and the licensee may be engaged in any or all of the
following:
(i) Repairer-renovator;
(ii) Retailer of second-hand articles of bedding; provided, however, that if a licensee is reclassified from one category to another which calls for a higher license fee, he or she shall pay a pro rata share of the higher license fee for the unexpired period and shall be issued a new license to expire on the expiration date of the original license.
(b) If, through error, a licensee has been improperly classified as of the date of issue of his or her current license, the proper fee for the entire period shall be payable. Any overpayment shall be refunded to the licensee. No refunds shall be allowed to any licensee who has discontinued business, or whose license has been revoked or suspended or who has been reclassified to a category calling for a greater or lesser license fee, except as provided herein. The fee shall be paid to the director of business regulation. For reissuing a revoked or expired license the fee shall be the same as for an original license.
(c) All payments for registration fees,
sterilization process, permits, fines and penalties, and other money received
under this chapter shall constitute inspection fees for the purpose of
enforcing this chapter.
SECTION 9. Section 27-2-14 of the General Laws in
Chapter 27-2 entitled “Foreign Insurance Companies” is hereby amended to read
as follows:
27-2-14. Forwarding of process by
commissioner. -- Whenever lawful process against an
insurance company shall be served upon the insurance commissioner, the
commissioner shall forward a copy of the process served on him or her, by mail,
postpaid, and directed to the secretary of the company, or in the case of
companies of foreign countries, to the resident manager, if any, in this
country. For each copy of process the insurance commissioner shall collect, for
the use of the state, the sum of five dollars ($5.00) twenty-five
dollars ($25.00), which shall be paid by the plaintiff at the time of the
service; the fee is to be recovered by the plaintiff as part of the taxable
costs, if he or she prevails in the suit.
SECTION 10. Section 27-10.1-1 of the General Laws in
Chapter 27-10.1 entitled “Motor Vehicle Damage Appraisers” is hereby amended to
read as follows:
27-10.1-1. Purpose of chapter –
Issuance of license – Penalties – Renewal – Revocation or suspension. -- (a)
The purpose of this chapter is to subject certain individuals to the
jurisdiction of the insurance commissioner. The legislature declares that it is
concerned with the business of appraising damaged automobiles and to this end
authorizes the insurance commissioner to regulate that business. No person
shall act as an appraiser for motor vehicle physical damage claims on behalf of
any insurance company or firm or corporation engaged in the adjustment or
appraisal of motor vehicle claims unless that person has first secured a
license from the insurance commissioner and has paid a license fee of fifty
dollars ($50.00) for each fiscal year or fraction of a year. The license shall
be issued only upon the successful passage of the examination that shall be
administered at the discretion of the insurance commissioner, but in no event
less than quarterly. Each person applying for a physical damage appraisers
license shall pay an examination fee of ten dollars ($10.00) application
fee of fifty dollars ($50.00) to and for the use of the state. The
commissioner may prescribe reasonable regulations concerning standards for
qualifications, suspension, or revocation, and the methods with which licensees
conduct their business, in addition to the requirements specifically delineated
within this chapter. The commissioner shall submit an annual report on his or
her findings and recommendations to the governor and the general assembly on
January 30 of each year.
(b) Any person who violates any provision of this chapter shall be fined not more than five hundred dollars ($500) or imprisoned not more than one year, or both.
(c) The insurance commissioner shall promulgate rules and regulations mandating the term of license for each category of license issued pursuant to this chapter; and no license shall remain in force for a period in excess of four (4) years.
(d) Any mandated license fee shall be determined by multiplying the number of years of the license by the fee described in subsection (a). A license shall be renewed upon the payment of the appropriate renewal fee. The fee for the total term of the licensure or renewal shall be paid at the time of initial application or renewal.
(e) Nothing in this section shall be construed to limit the authority of the insurance commissioner to sooner suspend or revoke any license issued pursuant to this chapter. Any action for suspension or revocation of any license shall be in accordance with Administrative Procedures Act, chapter 35 of title 42, upon proof that the license was obtained by fraud or misrepresentation, or that the interests of the insurer or the interests of the public are not properly served under the license, or for cause.
SECTION 11. Section 27-10-6 of the General Laws in
Chapter 27-10 entitled “Claim Adjusters” is hereby amended to read as follows:
27-10-6. Minimum percentage of
licensed adjusters – Examination of applicants. -- Any
person who desires to act as an insurance claim adjuster or who is employed by
an insurance company doing business in the state of Rhode Island and desires to
act within the state as an insurance adjuster shall make a written application
to the insurance commissioner for a license to engage in this type of business.
All insurance claims adjusters and those presently employed by insurance
companies in the state of Rhode Island as of January 1, 1976, who hold current
and valid licenses including all persons currently engaged in the business of
public adjusting as of June 12, 1985 shall automatically qualify for a license
to handle the various lines of business for which they are qualified. Insurance
claim adjusters who have less than one year's experience adjusting claims shall
be classified as trainees and it will be necessary for them to obtain a license
to adjust claims in the state of Rhode Island in accordance with the provisions
of this section. No insurance company shall have more than twenty-five percent
(25%) of its insurance claim adjusters in a trainee classification where that adjusting
force consists of at least ten (10) people; this shall not apply to company
training programs to qualify personnel in other jurisdictions. A minimum of
seventy-five percent (75%) of the insurance claim adjusters in any claims
office shall be licensed insurance claim adjusters in the state of Rhode
Island. All applications shall be accompanied by an filing application
fee of twenty dollars ($20.00) fifty dollars ($50.00) and the
license shall be both initially issued and renewed upon the payment by the
applicant or the insurance claim adjuster's employer of a fee assessed at an
annual rate of fifty dollars ($50.00) for each insurance claim adjuster's
license. The fee for the total time of licensure or renewal shall be paid at
the time of initial application or of renewal, respectively. Each insurance
claim adjuster who is an applicant for a license shall furnish satisfactory
evidence to the insurance commissioner that he or she is a person of good moral
character and that he or she is trustworthy and competent as an applicant. The
commissioner shall subject the applicant to a written and oral examination
for which the applicant shall pay ten dollars ($10.00), as to his or her
competency to act as an insurance claim adjuster. These examinations shall be
conducted at the discretion of the commissioner, but in no event less than
quarterly.
SECTION 12. Section 34-38-3 of the
General Laws in Chapter 34-38 entitled “Regulation of Out of State Real Estate
Sales and Dispositions” is hereby amended to read as follows:
34-38-3. Filing requirements. -- Any person or broker proposing to advertise, offer, or dispose of any subdivision or lot, parcel, unit, or interest therein in this state shall first submit to the department:
(1) Such particulars and details of the subdivision or lots, parcels, units or other interest in any subdivision to be advertised, offered, or to be disposed of as the department may by regulation require, including, but not limited to, a prospectus, property report, or offering statement embodying all the terms relative to the offering and disposition;
(2) A detailed statement of intended and proposed advertising and sale methods and techniques;
(3) A completed license application in such form as the department may require; and
(4) A filing fee of one hundred dollars
($100) one hundred fifty ($150) in respect of each subdivision to be
offered or to be disposed of.
SECTION 13. Section 42-14.2-6 of the General Laws in
Chapter 42-14.2 entitled “Department of Business Regulation – Automobile
Wrecking and Salvage Yards” is hereby amended to read as follows:
42-14.2-6. License fee. -- Every
application to the department for renewal of an existing license or the
issuance of a new license shall be accompanied by a fee of sixty dollars
($60.00) one hundred and twenty dollars ($120) per annum, payable to
the state of Rhode Island. In the event the application is denied, the fee
shall be returned to the applicant.
SECTION 14. This article shall take effect as of July 1, 2004.
ARTICLE 31 SUBSTITUTE A AS AMENDED
RELATING TO PUBLIC UTILITIES AND CARRIERS -- TELECOMMUNICATION
SURCHARGE
SECTION 1. Section 39-1-61 of the General
Laws in Chapter 39-1 entitled “Public Utilities Commission” is hereby amended
to read as follows:
39-1-61. Rhode Island telecommunications education access fund. – (a) Preamble. For the past ten (10) years, the schools and libraries of Rhode Island have benefited from a regulatory agreement with Verizon and its predecessor companies that has provided up to two million dollars ($2,000,000) annually for support of telecommunications lines for internet access. In addition, the funds provided for in the original regulatory agreement and every dollar generated hereunder leverages a one dollar and twenty-seven cents ($1.27) federal E-Rate match. With the regulatory agreement approaching its termination and the advent of more advanced technologies, it is the intent of this section to provide a continued source of funding for internet access for eligible public and private schools and libraries.
(b) Definitions. As used in this section, the following terms have the following meanings:
(1) “Department of Education” means the Rhode Island Department of Elementary and Secondary Education.
(2) “Commission Division” means the Division of Public
Utilities Commission and Carriers.
(3) “Telecommunications Education Access Fund” means the programs and funding made available to qualified libraries and schools to assist in paying the costs of acquiring, installing and using telecommunications technologies to access the internet.
(c) Purpose. The purpose of the Telecommunications Education Access Fund shall be to fund a basic level of internet connectivity for all of the qualified schools (kindergarten through grade 12) and libraries in the state.
(d) Authority. The commission division shall
establish, by rule or regulation, an appropriate funding mechanism to recover
from the general body of ratepayers the costs of providing telecommunications
technology to access the internet.
(1) The general assembly
shall determine the amount of a monthly surcharge to be levied upon each
residence and business telephone access line or trunk in the state, including
PBX trunks and centrex equivalent trunks and each service line or trunk, and
upon each user interface number or extension number or similarly identifiable
line, trunk or path to and from a digital network. The department will provide the general assembly with information
and recommendations regarding the necessary level of funding to effectuate the
purposes of this article. The
General Assembly shall annually review the surcharge to determine if it should
be applied to wireless telephone service.
The surcharge shall be billed by each telecommunications services
provider and shall be payable to the telecommunications services provider by
the subscriber of the telecommunications services. State, local and quasi-governmental agencies shall be exempt from
the surcharge. The surcharge shall be
deposited in a restricted receipt account, hereby created within the commission
department of elementary and secondary education and known as the
Telecommunications Education Access Fund, to pay any and all costs associated
with subsection (b)(3). The amount of
the surcharge shall not exceed thirty-five cents ($.35) per access line or
trunk.
(2) The surcharge is hereby determined to be twenty-six ($.26) per access line or trunk.
(3) The amount of the surcharge shall not be subject to the sales and use tax imposed under chapter 18 of title 44 nor be included within the gross earnings of the telecommunications corporation providing telecommunications service for the purpose of computing the tax under chapter 13 of title 44.
(e) Administration. The commission division, with
input from the department, shall administer the Telecommunications Education
Access Fund consistent with the requirements of the Universal Service (E-Rate)
program. The commission division
shall collect from the telecommunications service providers the amounts of the
surcharge collected from their subscribers.
The department, with the approval of the commission division,
shall publish requests for proposals that do not favor any particular
technology, evaluate competitive bids, and select products and services that
best serve the internet access needs of schools and libraries. In doing so, the department shall endeavor
to obtain all available E-Rate matching funds.
The department is further authorized and encouraged to seek matching
funds from all local, state, and federal public or private entities. The department shall approve disbursement of
funds under this section in accordance with the commission’s division’s
directives. Unsuccessful bids may
be appealed to the commission division. The commission division
shall annually review the department’s disbursements from this account to
ensure that the department’s decisions do not favor any competitor.
(f) Eligibility. All schools seeking support from the fund must be eligible for Universal Service (E-Rate) support and meet the definition of “elementary school” or “secondary school” in the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. § 8801). Schools operating as a for-profit business or with endowments exceeding fifty million dollars ($50,000,000) are not eligible for support. All libraries seeking support from the fund must meet the definition of “library” or “library consortium” in the Library Services and Technology Act, P.L. No. 104-208, § 211 et seq., 110 Stat. 3009 (1996) and must be eligible for assistance from a state library administrative agency under that act. Only libraries that have budgets that are completely separate from any schools (including, but not limited to, elementary and secondary, colleges and universities) shall be eligible to receive support. Libraries operating as a for-profit business shall not be eligible for support.
(g) The effective date of assessment for the Telecommunications Education Access Fund shall be January 1, 2004.
SECTION 2. Chapter 39-1 of the General Laws entitled
“Public Utilities Commission” is hereby amended by adding thereto the following
section:
39-1-62.
E-911 Geographic Information System (GIS) and Technology Fund. -- (a) Preamble.To allow the Rhode Island E-911 Emergency Telephone System
agency to associate latitude and longitude coordinates provided by wireless
carriers with physical locations throughout the state, the agency must
establish and maintain a GIS database of street addresses and landmarks. The database will allow local emergency
response personnel to dispatch police, fire and rescue personnel to a specific
address or landmark of a cellular caller in the event the caller is unaware of
his or her location, or is physically unable to communicate it. Because more than half of the 530,000 9-1-1
phone calls received in 2003 came from cellular phones, it is critical that the
GIS database be developed and maintained in order to improve caller location
identification and reduce emergency personnel response times.
(b) Definitions. As used in this section, the following terms
have the following meanings:
(1) “System” means
Emergency 911 Uniform Telephone System.
(2) “Agency” means
Rhode Island 911 Emergency Telephone System.
(3) “Division” means the Division of Public Utilities and
Carriers.
(4) “GIS and Technology Fund” means the programs and funding
made available to the Emergency 911 Uniform Telephone System to assist in
paying the costs of the GIS database development project and GIS systems
maintenance, which will enable the system to locate cellular phone callers by
geocoding all addresses and landmarks in cities and towns throughout the state. It also includes programs to create system
redundancy and maintain state-of-the-art equipment technology.
(c) Purpose. The purpose of the GIS and Technology Fund
shall be to: (1) implement and maintain a geographic information system
database to assist in locating wireless phone callers for emergency purposes in
a manner consistent and in coordination with the Rhode Island geographic
information system administered by the Division of Planning as provided for in
42-11-10(g)(3); and (2) create system
redundancy to ensure the reliability of 9-1-1 service to the public; and
(3) maintain state-of-the-art equipment
technology.
(d) Authority. The agency shall establish, by rule or
regulation, an appropriate funding mechanism to recover from the general body
of ratepayers the costs of funding GIS and technology projects.
(1) The general
assembly shall determine the amount of a monthly surcharge to be levied upon
each wireless telecommunications instrument or device capable of delivering
two-way interactive communications services comparable to those offered by
telecommunications service providers.
The agency will provide the general assembly with information and
recommendations regarding the necessary level of funding to effectuate the
purposes of this article. The surcharge
shall be billed by each wireless telecommunications services provider and shall
be payable to the wireless telecommunications services provider by the
subscriber of the telecommunications services.
State, local and quasi-governmental agencies shall be exempt from the
surcharge. The surcharge shall be
deposited in a restricted receipt account, hereby created within the agency and
known as the GIS and Technology Fund, to pay any and all costs associated with the
provisions of subsection (c). The amount
of the surcharge under section 39-1-62 shall not exceed thirty-five cents
($.35) per wireless phone.
(2) The surcharge is
hereby determined to be twenty-six cents ($.26) per wireless phone per month
and shall be in addition to the wireless surcharge charged under section
39-21.1-14.
(3) The amount of the
surcharge shall not be subject to the sales and use tax imposed under chapter
18 of title 44 nor be included within the gross earnings of the
telecommunications corporation providing telecommunications service for the
purpose of computing the tax under chapter 13 of title 44.
(e) Administration.
The agency shall collect from the wireless telecommunications service providers
the amounts of the surcharge collected from their subscribers. The agency shall deposit such collections in
an account maintained and administered by the Rhode Island 911 Emergency
Telephone System for use in developing and maintaining the geographic
information system database, creating system redundancy, and improving
equipment technology. The agency is
further authorized and encouraged to seek matching funds from all local, state,
and federal public or private entities and shall coordinate its activities and
share all information with the state Division of Planning.
(f) The effective date of assessment for the GIS and Technology
Fund shall be July 1, 2004.
(g) Nothing in this section shall be construed to constitute rate regulation of wireless communications services carriers, nor shall this act be construed to prohibit wireless communications services carriers from charging subscribers for any wireless service or feature.
(h) Except as otherwise provided by law, the agency shall not
use, disclose or otherwise make available call location information for any
purpose other than as specified in subsection 39-1-62 (c).
SECTION 3. Section 1 of this
article shall take effect as of January 1, 2004. Section 2 shall take effect as of July 1, 2004 and shall expire
on June 30, 2007.
ARTICLE 32 SUBSTITUTE A
Relating To Fugitive Task Force
SECTION
1. Section 12-6-7.2 of the General Laws in Chapter
12-6 entitled "Warrants for Arrest" is hereby amended to read as
follows:
12-6-7.2. Warrant squad. -- (a) There is established a statewide warrant squad which shall be known as the Rhode Island state fugitive task force, whose purpose is to arrest individuals for whom arrest warrants have been issued and remain outstanding.
(b) The warrant squad
shall consist of a director, assistant director, up to four (4)
additional members, whose title shall be task force agents, and the sheriffs
and police officers that are provided for in this section.
(c) All state, county, local law enforcement and criminal justice agencies may assign personnel to be members of the warrant squad to assist the director or assistant director. All personnel assigned to the warrant squad during their normal work hours shall be paid their regular salary by their respective departments and there shall be no reimbursement for these payments. The warrant squad shall be responsible for supervising the conduct of all law enforcement officers employed by it pursuant to this chapter and the state, and not the city or town, shall be liable for the actions of any municipal police officer which are committed on behalf of and under the direction and supervision of the warrant squad.
(d) Federal, state and local officers assigned to the Rhode Island state fugitive task force as fugitive investigators shall exercise the same authority as the statutory agents appointed under this section as long as the officer is under the direct supervision of the warrant squad. The authorization for local police officers acting under the authority of this statute shall be on file at the office of the Rhode Island state fugitive task force.
(e) The chief justice of
the supreme court shall appoint the director, assistant director, and the four
(4) additional members of the warrant squad. The salary of the director and
the assistant director shall be set by the unclassified pay board. The fees collected
in the amount of one hundred twenty-five dollars ($125) assessed to the
arrestee when apprehended and brought to court shall be deposited as general
revenues. Each arrestee who has been apprehended shall be assessed the fee in
the amount of one hundred twenty-five dollars ($125) in addition to any other
court costs imposed. All fees collected shall be deposited as general revenues,
and distributed consistent with the provisions of section 12-6-7.1.
(f) The Providence county sheriff shall make suitable office facilities available to the squad. The police departments of every city and town and the state police shall make available to the squad temporary detention facilities. All fees collected shall be deposited as general revenues.
(g) The warrant squad shall be under the authority of, and report to, the supreme court of the state of Rhode Island.
(h) The statewide warrant squad shall commence on September 1, 1989, and all state and local police, law enforcement and criminal justice agencies shall cooperate with the Rhode Island state fugitive task force in carrying out the provisions of this chapter.
(i) The Rhode Island state fugitive task force shall adopt and implement standards, policies, and regulations applicable to its scope and purpose of locating and arresting fugitives from justice.
(j) Persons appointed as director, assistant director, and inspectors must have completed a basic course for police or law enforcement officers at a certified federal (including military), state, or local law enforcement training academy or must document a record of equivalent qualifying experience in an on-the-job training program. Persons appointed to be either director or assistant director, must, in addition to the preceding, have three (3) years of law enforcement experience and three (3) years of law enforcement management or command experience or the equivalent.
(k) The director, the assistant director, and inspectors and officers assigned on temporary duty to the Rhode Island state fugitive task force may carry firearms, apply for and execute search and arrest warrants and subpoenas, serve summonses, and apply for court or grand jury process, and will have statewide authority to serve warrants to locate and arrest persons who are fugitives or who have failed to appear in state court for violations of Rhode Island general laws or court orders or who are fugitives located in Rhode Island from jurisdictions outside the state of Rhode Island, and may make arrests without a warrant in the execution of court orders for any offenses committed in their presence if they have reasonable grounds to believe that the person to be arrested has committed or is committing a crime cognizable under Rhode Island general laws.
SECTION
2. This article shall take effect upon passage.
ARTICLE 33 SUBSTITUTE A
RELATING TO ENVIRONMENTAL MANAGEMENT FEES
SECTION 1. Section 2-1-22 of the General laws in
Chapter 2-1 entitled “Agricultural Functions of Department of Environmental
Management – Fresh Water Wetlands” is hereby amended to read as
follows:
2-1-22. Procedure for approval by director – Notice of change of ownership – Recordation of permit. -- (a) Application for approval of a project to the director of environmental management shall be made in a form to be prescribed by the director and provided by the director upon request. Prior to the application, a request may be made for preliminary determination as to whether this chapter applies. A preliminary determination shall be made by the director only after an on-site review of the project and the determination shall be made within thirty (30) days of the request. This chapter shall be determined to apply if a significant alteration appears to be contemplated and an application to alter a wetland will be required. Within fourteen (14) days after receipt of the completed application accompanied by plans and drawings of the proposed project, the plans and drawings to be prepared by the registered professional engineer to a scale of not less than one inch (1") to one hundred feet (100'), the director shall notify all landowners whose properties are within two hundred feet (200') of the proposed project and the director will also notify the city or town council, the conservation commission, the planning board, the zoning board, and any other individuals and agencies in any city or town within whose borders the project lies who may have reason in the opinion of the director to be concerned with the proposal. The director may also establish a mailing list of all interested persons and agencies who may wish to be notified of all applications.
(b) If the director receives any objection to the project within forty-five (45) days of the mailing of the notice of application from his or her office, the objection to be in writing and of a substantive nature, the director shall then schedule a public hearing in an appropriate place as convenient as reasonably possible to the site of the proposed project. The director shall inform by registered mail all objectors of the date, time, place, and subject of the hearing to be held. The director shall further publish notice of the time, place, date, and subject of the hearing in one local newspaper circulated in the area of the project and one statewide newspaper, the notices to appear once per week for at least two (2) consecutive weeks prior to the week during which the hearing is scheduled. The director shall establish a reasonable fee to cover the costs of the investigations, notifications, and publications, and hearing and the applicant shall be liable for the fee.
(c) If no public hearing is required, or following a public hearing, the director shall make his or her decision on the application and notify the applicant by registered mail and the applicant's attorney and any other agent or representative of the applicant by mail of this decision within a period of six (6) weeks. If a public hearing was held, any persons who objected, in writing, during the forty-five (45) day period provided for objections shall be notified of the director's decision by first class mail.
(d) In the event of a decision in favor of
granting an application, the director shall issue a permit for the applicant to
proceed with the project, and shall require the applicant to pay a permit
fee of one hundred dollars ($100.00). The permit may be issued upon any
terms and conditions, including time for completion, that the director may
require. Permits shall be valid for a period of one year from the date of issue
and shall expire at the end of that time unless renewed. A permit shall may
be renewed for up to three (3) additional one year periods upon application by
the original permit holder or a subsequent transferee of the property subject
to permit, unless the original permit holder or transferee has failed to abide by
the terms and conditions of the original permit or any prior renewal. The
director may require new hearings if, in his or her judgment, the original
intent of the permit is altered or extended by the renewal application or if
the applicant has failed to abide by the terms of the original permit in any
way. In addition, in the event a project authorized by a permit was not
implemented by the permit holder or transferee because approval of the project
by a federal agency, for which application had been timely made, had not been
received or a federal agency had stopped the project from proceeding, prior to
the expiration of the permit, the permit holder or transferee may apply for a
renewal of the permit at any time prior to the tenth (10th) anniversary of the
original issuance, and the application shall be deemed to be an insignificant
alteration subject to expedited treatment. The request for renewal of a permit
shall be made according to any procedures and form that the director may
require.
(e) The original permittee or subsequent transferee shall notify the director, in writing, of any change of ownership that occurs while an original or renewal permit is in effect by forwarding a certified copy of the deed of transfer of the property subject to the permit to the director.
(f) A notice of permit and a notice of completion of work subject to permit shall be eligible for recordation under chapter 13 of title 34 and shall be recorded at the expense of the applicant in the land evidence records of the city or town where the property subject to permit is located, and any subsequent transferee of the property shall be responsible for complying with the terms and conditions of the permit.
(g) The director shall notify the person requesting a preliminary determination and the person's attorney, agent, and other representative of his or her decision by letter, copies of which shall be sent by mail to the city or town clerk, the zoning board, the planning board, the building official, and the conservation commission in the city or town within which the project lies.
(h) The director shall report to the general assembly on or before February 1 of each calendar year on his or her compliance with the time provisions contained in this chapter.
(i) Normal farming activities shall be considered insignificant alterations and, as normal farming activities, shall be exempted from the provisions of this chapter in accordance with the following procedures:
(1) Normal farming and ranching activities are those carried out by farmers as defined in this title, including plowing, seeding, cultivating, land clearing for routine agriculture purposes, harvesting of agricultural products, pumping of existing farm ponds for agricultural purposes, upland soil and water conservation practices, and maintenance of existing farm drainage structures, existing farm ponds and existing farm roads are permissible at the discretion of farmers in accordance with best farm management practices which assure that the adverse effects to the flow and circulation patterns and chemical and biological characteristics of fresh water wetlands are minimized and that any adverse effects on the aquatic environment are minimized.
(2) In the case of construction of new farm ponds, construction of new drainage structures and construction of new farm roads, the division of agriculture shall be notified by the filing of a written application for the proposed construction by the property owner. The application shall include a description of the proposed construction and the date upon which construction is scheduled to begin, which date shall be no earlier than thirty (30) calendar days after the date of the filing of the application. The division of agriculture shall review such applications to determine that they are submitted for agricultural purposes and to assure that adverse effects to the flow and circulation patterns and chemical and biological characteristics of fresh water wetlands are minimized and that any adverse effects on the aquatic environment are minimized and will not result in a significant alteration to the wetlands. Pursuant to this review, the division shall notify the applicant, in writing, whether the proposal is an insignificant alteration. This notice shall be issued not later than thirty (30) days after the date that the application was filed with the division. In the event notice is given by the division as required, the application shall be conclusively presumed to be an insignificant alteration. If no notice is given as required, or if an application is approved as an insignificant alteration, the applicant may cause construction to be done in accordance with the application, and neither the applicant nor the applicant's agents or employees who cause or perform the construction in accordance with the application shall be liable for any criminal, civil, administrative or other fine, fee, or penalty, including restoration costs for violations alleged to arise from the construction.
(3) The division of agriculture shall, in coordination with the agricultural council's advisory committee, adopt regulations for subdivision (i)(2), and shall determine whether a proposed activity, other than an activity listed in subdivision (i)(1), constitutes a normal farming activity, or involves the best farm management practices.
(4) Except as otherwise provided for farm road construction, filling of wetlands conforms to the provisions of this chapter.
(j) For the purposes of this section, a "farmer" is an individual, partnership or corporation who operates a farm and has filed a 1040F U.S. Internal Revenue Form with the Internal Revenue Service, has a state farm tax number and has earned ten thousand dollars ($10,000) gross income on farm products in each of the preceding four (4) years.
SECTION 2. Section 4-2-4 of the
General Laws in Chapter 4-2 entitled “Commercial Feeds” is hereby amended to
read as follows:
4-2-4. Registration. -- (a) No person shall manufacture a commercial feed in this state, unless he or she has filed with the director on forms provided by the director, his or her name, place of business and location of each manufacturing facility in this state.
(b) No person shall distribute in this state a
commercial feed except a customer formula feed, which has not been registered
pursuant to this section. The application for registration, accompanied by a fifty
dollar ($50.00) sixty dollar ($60.00) per brand registration fee,
shall be submitted in the manner prescribed by the director, on forms furnished
by the director. A tag, label, or facsimile for each brand to be registered
must accompany the application. Upon approval by the director, the registration
shall be issued to the applicant. All registrations expire on the 31st day of
December of each year.
(c) The director is empowered to refuse registration of any commercial feed not in compliance with this chapter and to cancel any registration subsequently found not to be in compliance with any provisions of this chapter provided, that no registration shall be refused or canceled unless the registrant has been given an opportunity to be heard before the director and to amend his or her application in order to comply with the requirements of this chapter.
(d) Changes of either chemical or ingredient composition of a registered commercial feed may be permitted with no new registration required provided there is satisfactory evidence that those changes would not result in a lowering of the guaranteed analysis of the product for the purpose for which designed, and provided a new label is submitted to the director notifying the director of the change.
(e) All moneys received by the director under this chapter shall be deposited as general revenues and shall consist of all fertilizer registration and tonnage fees paid pursuant to §§ 2-7-4 and 2-7-6 and fees paid pursuant to § 4-2-4.
(f) All moneys appropriated for the feed and fertilizer quality testing program shall be made available for the following purposes:
(1) To support the feed and fertilizer testing laboratory for the testing and analysis of commercial feeds distributed within this state for the expressed purpose of detection of deficiency.
(2) For payment of ancillary services, personnel
and equipment incurred in order to carry out the purposes of quality assurance
defined by this chapter.
SECTION 3. Section 4-10-11 of the General Laws in Chapter 4-10 entitled “Handling of Live Poultry” is hereby amended to read as follows:
4-10-11. License fees. -- The
fee for the first license issued to any one individual or corporation in
accordance with this chapter shall be five dollars ($5.00), twenty-five
dollars ($25.00), which entitles the licensee to one set of number plates.
The fee for each additional license and set of number plates is two dollars
($2.00).
SECTION 4. Sections 4-19-5 and 4-19-6 of the General
Laws in Chapter 4-19 entitled “Animal Care” are hereby amended to read as
follows:
4-19-5. Pet shop licenses. -- No
person shall operate a pet shop, as defined in this chapter unless a license to
operate that establishment shall have been granted by the director. Application
for that license shall be made in the manner provided by the director. The
license period is the fiscal year and the license fee is fifty dollars
($50.00) one hundred dollars ($100.00) for each license period or
partial period beginning with the first day of the fiscal year.
4-19-6. Public auction and
kennel licenses. -- (a) No person shall operate a public
auction or a kennel, as defined in this chapter, unless a license to operate
that establishment has been granted by the director. Application for the
license shall be made in the manner provided by the director. The license period
is the fiscal year and the license fee shall be twenty-five dollars ($25.00)
fifty dollars ($50.00) for each license period or part thereof
beginning with the first day of the fiscal year.
(b) This section shall not be interpreted to
interfere in any manner with the issuing of a public auction or kennel license
by any city or town, nor any fee charged by any city or town. No license shall
be issued by the director except for those premises as shall be designated by
the respective city or town council.
SECTION 5. Section 20-15-3 of the General Laws in Chapter 20-15 entitled
“Deer Hunting” is hereby amended to read as follows:
20-15-3. Permit to landowner to protect property. -- (a) Any person owning or occupying any property and any employee of that person, while on that person's premises, may kill any deer found destroying any crops, vegetables, or fruit trees, or otherwise causing damage to that property; provided, however, that this person shall not kill any deer unless he or she has obtained a permit from the director to do so. The director, on application, may issue the permit to any responsible owner or the owner's employee, provided that no such permit shall be issued until the director has determined that actual damage has been done to crops, vegetables, fruit trees, or other property by any deer, and that no practical alternative to the shooting of the deer is available. This permit shall be issued on an annual basis at a fee of twenty-five dollars ($25.00). Any person taking or wounding a deer under the permit shall report the taking or wounding to a conservation officer or other designee of the director within twenty-four (24) hours of the taking or wounding.
(b) Hunting shall only be permitted from one half (1/2) hour before sunrise to one half (1/2) hour after sunset; provided that the director, subject to terms and conditions to be set forth by regulation, may authorize hunting at other times on farmlands; and further provided, that these farms have experienced severe deer damage to a cash crop or crops, and have attempted unsuccessfully other reasonable means of controlling the damage, including daylight hunting; and provided further, that the director determines whether these farmlands are of sufficient size to support night hunting without endangering the public safety. A night hunting permit may be issued by the director to any responsible owner or the owner's employee, provided that no such permit shall be issued until the director has determined that actual damage has been done to crops, vegetables, fruit trees, or other property by any deer, and that no practical alternative to the shooting of the deer is available. This permit shall be issued on an annual basis at a fee of twenty-five dollars ($25.00).
(c) Any permit granted pursuant to subsection
(b) of this section shall be exempt from all fees.
(d) (c) Under the authority of the director, the division of
agriculture shall be responsible for administering the provisions of this
section as they relate to farmers, and may also be responsible for
administering this section as it relates to other landowners.
SECTION 6. Section 23-25-6.1 of the General Laws in Chapter 23-25 entitled
“Pesticide Control” is hereby amended to read as follows:
23-25-6.1. Registration fee – Surcharge. -- In
addition to the annual registration fee of fifty dollars ($50.00) as required
by § 23-25-6, an additional thirty dollar ($30.00) fifty dollar
($50.00) registration surcharge fee shall be imposed upon each pesticide to
be sold or used within the state. The registration surcharge fee shall be
deposited as general revenues.
SECTION 7. Section 31-3.2-2 of the General Laws in
Chapter 31-3.2 entitled “Snowmobiles and Recreational Vehicles” is amended to
read as follows:
31-3.2-2. Registration. -- (a) General requirements. Except as provided in this chapter, no person shall operate any snowmobile or recreational vehicle within the state unless the snowmobile or recreational vehicle has been registered in accordance with this chapter. Any operator of any snowmobile or recreational vehicle not registered in accordance with this chapter shall be deemed guilty of a civil violation and be subject to a fine of one hundred dollars ($100) for each offense.
(b) Application – Issuance – Reports. Application for registration shall be made to the director in such form as the director shall prescribe, and shall state the name and address of every owner of the snowmobile or recreational vehicle and be signed by at least one owner. Upon receipt of the application and the appropriate fee, the snowmobile or recreational vehicle shall be registered and a reflectorized identification number assigned which shall be affixed to the snowmobile or recreational vehicle in such manner as the director shall prescribe.
(c) Fees for
registration.
(1) The fee for
registration of each snowmobile or recreational vehicle, other than those
registered by a dealer or manufacturer pursuant to subsection (c)(1) or (c)(2)
shall be as follows: ten dollars ($10.00) twenty-five dollars (25.00)
for one year and one dollar ($1.00) for a duplicate or transfer.
(2) The total registration fee for all snowmobiles or recreational vehicles owned by a dealer and operated for demonstration or testing purposes shall be twenty-five dollars ($25.00) per year.
(3) The total registration fee for all snowmobiles or recreational vehicles owned by a manufacturer and operated for research, testing, experimentation, or demonstration purposes shall be one hundred dollars ($100) per year. Dealer and manufacturer registrations are not transferable.
(4) In addition to the registration fees enumerated in subdivisions (1) – (3) of this subsection, an annual registration fee of ten dollars ($10.00) for residents and twenty dollars ($20.00) for nonresidents on all off-road facilities established by the department of environmental management for such purposes. No person shall operate any recreational vehicles on off-road facilities which has not been registered as required by this subdivision.
(d) Renewal. Every owner of a snowmobile or recreational vehicle shall renew his or her registration in such manner as the director shall prescribe, upon payment of the same registration fees provided in subsection (c).
(e) Snowmobiles or recreational vehicles owned by state or political subdivision. A registration number shall be issued without the payment of a fee for snowmobiles or recreational vehicles owned by the state of Rhode Island or a political subdivision of the state upon application for it.
(f) Exemptions. No registration under this section shall be required for the following described snowmobiles or recreational vehicles:
(1) Snowmobiles or recreational vehicles owned and used by the United States, another state, or a political subdivision of the United States or another state.
(g)
Special Permits. The director of environmental management may issue special
permits to out of state snowmobiles or recreational vehicles from a state or
country where registration is not required to operate in Rhode Island for
limited periods of time not to exceed thirty (30) days in connection with
organized group outings, trail rides, races, rallies, and other promotional
events.
SECTION 8. Section 42-17.1-2 of
the General laws in Chapter 42-17.1 entitled “Department of Environmental
Management” is hereby amended to read as follows:
42-17.1-2. Powers and duties. -- The director of environmental management shall have the following powers and duties:
(a) To supervise and control the protection, development, planning, and utilization of the natural resources of the state, such resources, including but not limited to, water, plants, trees, soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish, shellfish, and other forms of aquatic, insect, and animal life;
(b) To exercise all functions, powers, and duties heretofore vested in the department of agriculture and conservation, and in each of the divisions of the department, such as the promotion of agriculture and animal husbandry in their several branches, including the inspection and suppression of contagious diseases among animals, the regulation of the marketing of farm products, the inspection of orchards and nurseries, the protection of trees and shrubs from injurious insects and diseases, protection from forest fires, the inspection of apiaries and the suppression of contagious diseases among bees, prevention of the sale of adulterated or misbranded agricultural seeds, promotion and encouragement of the work of farm bureaus in cooperation with the University of Rhode Island, farmers' institutes and the various organizations established for the purpose of developing an interest in agriculture, together with such other agencies and activities as the governor and the general assembly may from time to time place under the control of the department, and as heretofore vested by such of the following chapters and sections of the general laws as are presently applicable to the department of environmental management and which were previously applicable to the department of natural resources and the department of agriculture and conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2 entitled "Agriculture and Forestry;" chapters 1 through 17, inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry;" chapters 1 through 19, inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1 through 32, inclusive, as amended, in title 21 entitled "Food and Drugs;" chapter 7 of title 23 as amended, entitled "Mosquito Abatement;" and by any other general or public law relating to the department of agriculture and conservation or to any of its divisions or bureaus;
(c) To exercise all the functions, powers, and duties heretofore vested in the division of parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled "Parks and Recreational Areas;" by chapter 22.5 of title 23, as amended, entitled "Drowning Prevention and Lifesaving;" and by any other general or public law relating to the division of parks and recreation;
(d) To exercise all the functions, powers, and duties heretofore vested in the division of harbors and rivers of the department of public works, or in the department itself by such as were previously applicable to the division or the department, of chapters 1 through 22 and sections thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or public law relating to the division of harbors and rivers;
(e) To exercise all the functions, powers and duties heretofore vested in the department of health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety;" and by chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5, 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry;" and those functions, powers, and duties specifically vested in the director of environmental management by the provisions of § 21-2-22, as amended, entitled "Inspection of Animals and Milk;" together with other powers and duties of the director of the department of health as are incidental to or necessary for the performance of the functions transferred by this section;
(f) To cooperate with the Rhode Island Economic Development Corporation in its planning and promotional functions, particularly in regard to those resources relating to agriculture, fisheries, and recreation;
(g) To cooperate with, advise, and guide conservation commissions of cities and towns created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter 203 of the Public Laws, 1960;
(h) To assign or reassign, with the approval of the governor, any functions, duties, or powers established by this chapter to any agency within the department, except as hereinafter limited;
(i) To cooperate with the water resources board and to provide to the board facilities, administrative support, staff services, and such other services as the board shall reasonably require for its operation and, in cooperation with the board and the statewide planning program to formulate and maintain a long range guide plan and implementing program for development of major water sources transmissions systems needed to furnish water to regional and local distribution systems;
(j) To cooperate with the solid waste management corporation and to provide to the corporation such facilities, administrative support, staff services and such other services within the department as the corporation shall reasonably require for its operation;
(k) To provide for the maintenance of waterways and boating facilities, consistent with chapter 6.1 of title 46, by: (1) establishing minimum standards for upland beneficial use and disposal of dredged material; (2) promulgating and enforcing rules for water quality, ground water protection, and fish and wildlife protection pursuant to § 42-17.1-24; (3) planning for the upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council pursuant to § 46-23-6(2); and (4) cooperating with the coastal resources management council in the development and implementation of comprehensive programs for dredging as provided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (5) monitoring dredge material management and disposal sites in accordance with the protocols established pursuant to § 46-6.1-5(3) and the comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council under chapter 23 of title 46, as amended;
(l) To establish minimum standards, subject to the approval of the environmental standards board, relating to the location, design, construction and maintenance of all sewage disposal systems;
(m) To enforce, by such means as provided by law, the standards for the quality of air, and water, and the design, construction and operation of all sewage disposal systems; any order or notice issued by the director relating to the location, design, construction or maintenance of a sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or town wherein the subject property is located and the order or notice shall be recorded in the general index by the appropriate municipal official in the land evidence records in the city or town wherein the subject property is located. Any subsequent transferee of that property shall be responsible for complying with the requirements of the order or notice. Upon satisfactory completion of the requirements of the order or notice, the director shall provide written notice of the same, which notice shall be similarly eligible for recordation. The original written notice shall be forwarded to the city or town wherein the subject property is located and the notice of satisfactory completion shall be recorded in the general index by the appropriate municipal official in the land evidence records in the city or town wherein the subject property is located. A copy of the written notice shall be forwarded to the owner of the subject property within five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject property within thirty (30) days after correction;
(n) To establish minimum standards for the establishment and maintenance of salutary environmental conditions;
(o) To establish and enforce minimum standards for permissible types of septage, industrial waste disposal sites and waste oil disposal sites;
(p) To establish minimum standards subject to the approval of the environmental standards board for permissible types of refuse disposal facilities, the design, construction, operation, and maintenance of disposal facilities; and the location of various types of facilities;
(q) To exercise all functions, powers, and duties necessary for the administration of chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act.";
(r) To designate in writing any person in any department of the state government or any official of a district, county, city, town, or other governmental unit, with that official's consent, to enforce any rule, regulation, or order promulgated and adopted by the director under any provision of law, provided, however, that enforcement of powers of the coastal resources management council shall be assigned only to employees of the department of environmental management, except by mutual agreement or as otherwise provided in chapter 23 of title 46.
(s) To issue and enforce such rules, regulations, and orders as may be necessary to carry out the duties assigned to the director and the department by any provision of law; and to conduct such investigations and hearings and to issue, suspend, and revoke such licenses as may be necessary to enforce those rules, regulations, and orders;
(1) Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a contested licensing matter shall occur where resolution substantially deviates from the original application unless all interested parties shall be notified of said proposed resolution and provided with opportunity to comment upon said resolution pursuant to applicable law and any rules and regulations established by the director.
(t) To enter, examine or survey at any reasonable time such places as the director deems necessary to carry out his or her responsibilities under any provision of law subject to the following provisions:
(1) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a search warrant from an official of a court authorized to issue warrants, unless a search without a warrant is otherwise allowed or provided by law;
(2)(A) All administrative inspections shall be conducted pursuant to administrative guidelines promulgated by the department in accordance with chapter 35 of title 42.
(B) A warrant shall not be required for administrative inspections if conducted under the following circumstances, in accordance with the applicable constitutional standards:
(i) For closely regulated industries;
(ii) In situations involving open fields or conditions that are in plain view;
(iii) In emergency situations;
(iv) In situations presenting an imminent threat to the environment or public health, safety or welfare;
(v) If the owner, operator, or agent in charge of the facility, property, site or location consents; or
(vi) In other situations in which a warrant is not constitutionally required.
(C) Whenever it shall be constitutionally or otherwise required by law, or whenever the director in his or her discretion deems it advisable, an administrative search warrant, or its functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of conducting an administrative inspection. The warrant shall be issued in accordance with the applicable constitutional standards for the issuance of administrative search warrants. The administrative standard of probable cause, not the criminal standard of probable cause, shall apply to applications for administrative search warrants.
(i) The need for, or reliance upon, an administrative warrant shall not be construed as requiring the department to forfeit the element of surprise in its inspection efforts.
(ii) An administrative warrant issued pursuant to this subsection must be executed and returned within ten (10) days of its issuance date unless, upon a showing of need for additional time, the court orders otherwise.
(iii) An administrative warrant may authorize the review and copying of documents that are relevant to the purpose of the inspection. If documents must be seized for the purpose of copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare an inventory of the documents taken. The time, place and manner regarding the making of the inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the inventory shall be delivered to the person from whose possession or facility the documents were taken. The seized documents shall be copied as soon as feasible under circumstances preserving their authenticity, then returned to the person from whose possession or facility the documents were taken.
(iv) An administrative warrant may authorize the taking of samples of air, water or soil or of materials generated, stored or treated at the facility, property, site or location. Upon request, the department shall make split samples available to the person whose facility, property, site or location is being inspected.
(v) Service of an administrative warrant may be required only to the extent provided for in the terms of the warrant itself, by the issuing court.
(D) Penalties. Any willful and unjustified refusal of right of entry and inspection to department personnel pursuant to an administrative warrant shall constitute a contempt of court and shall subject the refusing party to sanctions, which in the courts discretion may result in up to six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal.
(u) To give notice of an alleged violation of law to the person responsible therefor whenever the director determines that there are reasonable grounds to believe that there is a violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted pursuant to authority granted to him or her, unless other notice and hearing procedure is specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney general to prosecute offenders as required by law.
(1) The notice shall provide for a time within which the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the director within ten (10) days after service of the notice. The notice will be deemed properly served upon a person if a copy thereof is served him or her personally, or sent by registered or certified mail to his or her last known address, or if he or she is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of this state. If no written request for a hearing is made to the director within ten (10) days of the service of notice, the notice shall automatically become a compliance order.
(2)(A) Whenever the director determines that there exists a violation of any law, rule, or regulation within his or her jurisdiction which requires immediate action to protect the environment, he or she may, without prior notice of violation or hearing, issue an immediate compliance order stating the existence of the violation and the action he or she deems necessary. The compliance order shall become effective immediately upon service or within such time as is specified by the director in such order. No request for a hearing on an immediate compliance order may be made.
(B) Any immediate compliance order issued under this section without notice and prior hearing shall be effective for no longer than forty-five (45) days, provided, however, that for good cause shown the order may be extended one additional period not exceeding forty-five (45) days.
(3) If a person upon whom a notice of violation has been served under the provisions of this section or if a person aggrieved by any such notice of violation requests a hearing before the director within ten (10) days of the service of notice of violation, the director shall set a time and place for the hearing, and shall give the person requesting that hearing at least five (5) days written notice thereof. After the hearing, the director may make findings of fact and shall sustain, modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in this section.
(4) The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order.
(5) Whenever a compliance order has become effective, whether automatically where no hearing has been requested, where an immediate compliance order has been issued, or upon decision following a hearing, the director may institute injunction proceedings in the superior court of the state for enforcement of the compliance order and for appropriate temporary relief, and in that proceeding the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order, except that the director shall bear the burden of proving in the proceeding the correctness of an immediate compliance order. The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law.
(6) Any party aggrieved by a final judgment of the superior court may, within thirty (30) days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of certiorari;
(v) To impose administrative penalties in accordance with the provisions of chapter 17.6 of this title and to direct that such penalties be paid into the account established by subsection (z) of this section; and
(w) The following definitions shall apply in the interpretation of the provisions of this chapter:
(1) Director: The term director shall mean the director of environmental management of the state of Rhode Island or his or her duly authorized agent.
(2) Person: The term person shall include any individual, group of individuals, firm, corporation, association, partnership or private or public entity, including a district, county, city, town, or other governmental unit or agent thereof, and in the case of a corporation, any individual having active and general supervision of the properties of such corporation.
(3) Service: (a) Service upon a corporation under this section shall be deemed to include service upon both the corporation and upon the person having active and general supervision of the properties of such corporation.
(b) For purposes of calculating the time within which a claim for a hearing is made pursuant to § 42-17.1-2(u)(1) heretofore, service shall be deemed to be the date of receipt of such notice or three (3) days from the date of mailing of said notice, whichever shall first occur.
(x)(1) To conduct surveys of the present private and public camping and other recreational areas available and to determine the need for and location of such other camping and recreational areas as may be deemed necessary and in the public interest of the state of Rhode Island and to report back its findings on an annual basis to the general assembly on or before March 1 of every year;
(2) Additionally, the director of the department of environmental management shall take such additional steps, including but not limited to, matters related to funding as may be necessary to establish such other additional recreational facilities and areas as are deemed to be in the public interest.
(y)(1) To apply for and accept grants and bequests of funds with the approval of the director of administration from other states, interstate agencies and independent authorities, and private firms, individuals and foundations, for the purpose of carrying out his or her lawful responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt account created in the Natural Resources Program for funds made available for that program's purposes or in a restricted receipt account created in the Environmental Protection Program for funds made available for that program's purposes. All expenditures from the accounts shall be subject to appropriation by the general assembly, and shall be expended in accordance with the provisions of the grant or bequest. In the event that a donation or bequest is unspecified or in the event that the trust account balance shows a surplus after the project as provided for in the grant or bequest has been completed, the director may utilize said appropriated unspecified or appropriated surplus funds for enhanced management of the department's forest and outdoor public recreation areas, or other projects or programs that promote the accessibility of recreational opportunities for Rhode Island residents and visitors.
(2) The director shall submit to the House Fiscal Advisor and the Senate Fiscal Advisor, by October 1 of each year, a detailed report on the amount of funds received and the uses made of such funds.
(z) To establish fee schedules by regulation
with the approval of the governor for the processing of applications and the
performing of related activities in connection with the department's
responsibilities pursuant to subdivision (1) of this section, chapter 19.1 of
title 23 as it relates to inspections performed by the department to determine
compliance with chapter 19.1 and rules and regulations promulgated in
accordance therewith, chapter 18.9 of title 23 as it relates to inspections
performed by the department to determine compliance with chapter 18.9 and the
rules and regulations promulgated in accordance therewith, chapters 19.5 and 23
of title 23; chapter 12 of title 46 insofar as it relates to water quality
certifications and related reviews performed pursuant to provisions of the
federal Clean Water Act, the regulation and administration of underground
storage tanks and all other programs administered under chapter 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 as it they relates to any reviews and
related activities performed under the provisions of the Groundwater Protection
Act, and chapter 17.7 of this title insofar as it relates to administrative
appeals of all enforcement, permitting and licensing matters to the
administrative adjudication division for environmental matters. Two fee ranges
shall be required: for "Appeal of enforcement actions", a range of
fifty dollars ($50) to one hundred dollars ($100), and for "Appeal of
application decisions", a range of five hundred dollars ($500) to ten
thousand dollars ($10,000). The monies from the administrative adjudication
fees will be deposited as general revenues and the amounts appropriated shall
be used for the costs associated with operating the administrative adjudication
division.
There is hereby established an account within the general fund to be called the water and air protection program. The account shall consist of sums appropriated for water and air pollution control and waste monitoring programs and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers. All amounts collected under the authority of this subdivision for the sewage disposal system program and fresh waters wetlands program will be deposited as general revenues and the amounts appropriated shall be used for the purposes of administering and operating the programs. The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of each year a detailed report on the amount of funds obtained from fines and fees and the uses made of such funds.
(aa) To establish and maintain a list or inventory of areas within the state worthy of special designation as "scenic" to include but not be limited to certain state roads or highways, scenic vistas and scenic areas, and to make the list available to the public.
(bb) To establish and maintain an inventory of all interests in land held by public and private land trust and to exercise all powers vested herein to insure the preservation of all identified lands.
(1) The director may promulgate and enforce rules and regulations to provide for the orderly and consistent protection, management, continuity of ownership and purpose, and centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part through other interests, rights, or devices such as conservation easements or restrictions, by private and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each document submitted by a land trust.
(2) The term "public land trust" means any public instrumentality created by a Rhode Island municipality for the purposes stated herein and financed by means of public funds collected and appropriated by the municipality. The term "private land trust" means any group of five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a nonbusiness corporation for the purposes stated herein, or a national organization such as the nature conservancy. The main purpose of either a public or a private land trust shall be the protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features, areas, or open space for the purpose of managing or maintaining, or causing to be managed or maintained by others, the land, water, and other natural amenities in any undeveloped and relatively natural state in perpetuity. A private land trust must be granted exemption from federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A private land trust may not be incorporated for the exclusive purpose of acquiring or accepting property or rights in property from a single individual, family, corporation, business, partnership, or other entity. Membership in any private land trust must be open to any individual subscribing to the purposes of the land trust and agreeing to abide by its rules and regulations including payment of reasonable dues.
(3)(A) Private land trusts will, in their articles of association or their by-laws, as appropriate, provide for the transfer to an organization created for the same or similar purposes the assets, lands and land rights and interests held by the land trust in the event of termination or dissolution of the land trust.
(B) All land trusts, public and private, will record in the public records of the appropriate towns and cities in Rhode Island all deeds, conservation easements or restrictions or other interests and rights acquired in land and will also file copies of all such documents and current copies of their articles of association, their by-laws, and annual reports with the secretary of state, and with the director of the Rhode Island department of environmental management. The director is hereby directed to establish and maintain permanently a system for keeping records of all private and public land trust land holdings in Rhode Island.
(cc) The director will contact in writing, not less often than once every two (2) years, each public or private land trust to ascertain: that all lands held by the land trust are recorded with the director; the current status and condition of each land holding; that any funds or other assets of the land trust held as endowment for specific lands have been properly audited at least once within the two (2) year period; the name of the successor organization named in the public or private land trust's by-laws or articles of association; and any other information the director deems essential to the proper and continuous protection and management of land and interests or rights in land held by the land trust.
In the event that the director determines that a public or private land trust holding land or interest in land appears to have become inactive, he or she shall initiate proceedings to effect the termination of the land trust and the transfer of its lands, assets, land rights, and land interests to the successor organization named in the defaulting trust's by-laws or articles of association or to another organization created for the same or similar purposes. Should such a transfer not be possible, then the land trust, assets, and interest and rights in land will be held in trust by the state of Rhode Island and managed by the director for the purposes stated at the time of original acquisition by the trust. Any trust assets or interests other than land or rights in land accruing to the state under such circumstances will be held and managed as a separate fund for the benefit of the designated trust lands.
(dd) Consistent with federal standards, issue and enforce such rules, regulations and orders as may be necessary to establish requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and non-sudden accidental releases arising from operating underground storage tanks.
(ee) To enforce, by such means as provided by
law, the standards for the quality of air, and water, and the location, design,
construction and operation of all underground storage facilities used for
storing petroleum products or hazardous materials; any order or notice issued
by the director relating to the location, design construction, operation or
maintenance of an underground storage facility used for storing petroleum
products or hazardous materials shall be eligible for recordation under chapter
13 of title 34. The director shall forward the order or notice to the city or
town wherein the subject facility is located, and the order or notice shall be
recorded in the general index by the appropriate municipal officer in the land
evidence records in the city or town wherein the subject facility is located.
Any subsequent transferee of that facility shall be responsible for complying
with the requirements of the order or notice. Upon satisfactory completion of
the requirements of the order or notice, the director shall provide written
notice of the same, which notice shall be eligible for recordation. The
original written notice shall be forwarded to the city or town wherein the subject
facility is located, and the notice of satisfactory completion shall be
recorded in the general index by the appropriate municipal official in the land
evidence records in the city or town wherein the subject facility is located. A
copy of the written notice shall be forwarded to the owner of the subject
facility within five (5) days of a request for it, and, in any event, shall be
forwarded to the owner of the subject facility within thirty (30) days after
correction.
SECTION 9. Section 46-22.1-4 of the General Laws in
Chapter 46-22.1 entitled “Uniform Boat Title Act” is hereby amended to read as
follows:
46-22.1-4. Fees – Duplicates. -- (a) The department shall charge a ten
dollar ($10.00) twenty-five
($25.00) fee to issue a certificate of title, and a five dollar ($5.00) fee
to transfer a title, or issue a corrected and duplicate certificate of title. A
fifteen dollar ($15.00) late fee shall be charged to any owner not timely
filing an application for a title certificate under § 46-22.1-3.
(b) If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lien holder or, if there is none, the owner named in the certificate, as shown by the departments' records shall, within thirty (30) days, obtain a duplicate by applying to the department. The applicant shall furnish information concerning the original certificate and the circumstances of its loss, disappearance, mutilation, or destruction as the department may require. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate and required fee.
(c) The duplicate certificate of title shall be marked plainly "duplicate" across the face, and may be mailed or delivered to the applicant.
(d) If a lost or stolen original certificate of
title for which a duplicate has been issued is recovered, the original shall be
surrendered promptly to the department for cancellation.
SECTION 10.
Section 46-8-5 of the General Laws in Chapter 46-8 entitled
“Registration of Outboard Motors” is hereby amended to read as follows:
46-8-5. Registration fees. -- A
fee of five dollars ($5.00) twenty dollars ($20.00) shall be
charged for the registration certificate; provided, however, that registrations
obtained for use by the United States or any agency thereof or the state of
Rhode Island or any city or town shall be exempt from payment of any fee.
SECTION 11. This article shall take effect as of July 1, 2004.
ARTICLE 34 SUBSTITUTE A AS AMENDED
RELATING TO BOARD OF GOVERNORS FOR HIGHER EDUCATION -- POWERS AND
DUTIES
SECTION
1. Sections 16-59-4 and 16-59-9 of the General Laws
in Chapter 16-59 entitled "Board of Governors for Higher Education"
are hereby amended to read as follows:
16-59-4. Powers and duties of board. -- The board of governors for higher education shall have, in addition to those enumerated in section 16-59-1, the following powers and duties:
(1) To approve a systematic program of information gathering, processing, and analysis addressed to every level, aspect, and form of higher education in this state especially as that information relates to current and future educational needs so that current needs may be met with reasonable promptness and plans formulated to meet future needs as they arise in the most efficient and economical manner possible.
(2) To approve a master plan defining broad goals and objectives for higher education in the state including a comprehensive capital development program. These goals and objectives shall be expressed in terms of what men and women should know and be able to do as a result of their educational experience. The board of governors shall continuously evaluate the efforts and results of education in the light of these objectives.
(3) To formulate broad policy
to implement the goals and objectives established and adopted by the board of
governors, to adopt standards and require enforcement and to exercise general
supervision over all higher public education in the state and over independent
higher education in the state as provided in subdivision (8) of this section.
The board of governors shall not engage in the operation or administration of
any subordinate committee, university, junior college, or community college,
except its own office of higher education and except as specifically authorized
by an act of the general assembly; provided, the presidents of each institution
of higher learning shall be the chief administrative and executive officers of
that institution; and provided that nothing contained in this section shall
prohibit their direct access to or interfere with the relationship between the
presidents and the board of governors. The adoption and submittal of the
budget, the allocation of appropriations, the approval of tables of
organization, the creation, abolishment, and consolidation of departments,
divisions, programs, and courses of study, and the acquisition, holding,
disposition, and general management of property shall not be construed to come
within the purview of the preceding prohibition. The board shall communicate
with and seek the advice of the commissioner of higher education and all those
concerned with and affected by its determinations as a regular procedure in
arriving at its conclusions and in setting its policy.
(4) To prepare and
maintain a five (5) year funding plan for higher education; to prepare with the
assistance of the commissioner of higher education and to present annually to
the state budget officer in accordance with section 35-3-4 a state higher
educational budget, which shall include, but not be limited to, the budget of
the office of higher education and the budget of the state colleges. In the
preparation of the budget, and in the allocation of its total appropriation,
the board shall determine priorities of expenditures for public higher
education purposes of state revenues and other public resources made available
for the support of higher public education. Nothing contained in this
subdivision shall authorize the board to alter the allocation of grants or aid
otherwise provided by law.
(5) To maintain an office of higher education; to provide for its staffing and organization; and to appoint a commissioner of higher education pursuant to section 16-59-6, who shall serve at its pleasure. The commissioner of higher education and the office of higher education shall have the duties and responsibilities as defined in sections 16-59-6 and 16-59-7.
(6) To appoint and dismiss presidents of the public institutions of higher learning with the assistance of the commissioner of higher education, and to establish procedures for this, and with the assistance of the commissioner to approve or disapprove vice presidents of the public institutions of higher learning appointed by the respective presidents of the public institutions of higher learning.
(7) To establish other educational agencies or subcommittees necessary or desirable for the conduct of any or all aspects of higher education and to determine all powers, functions, and composition of any agencies or subcommittees and to dissolve them when their purpose shall have been fulfilled.
(8) To exercise the authority vested in the board of regents for education with relation to independent higher educational institutions within the state under the terms of chapter 40 of this title, and other laws affecting independent higher education in the state.
(9) To enforce the provisions of all laws relating to higher education, public and independent.
(10) To be responsible for all the functions, powers, and duties which were vested in the board of regents for education relating to higher education, including but not limited to the following specific functions:
(i) To approve the tables of organization at public institutions of higher learning with the assistance of the commissioner of higher education.
(ii) To adopt and require standard accounting procedures for the office of higher education and all public colleges and universities.
(iii) To create, abolish, and consolidate departments, divisions, programs, and courses of study within the public colleges and universities with the assistance of the commissioner of higher education after consultation with the presidents.
(iv) To establish a clear and definitive mission for each public institution of higher learning with the assistance of the commissioner of higher education.
(v) To promote maximum efficiency, economy, and cooperation in the delivery of public higher educational services in the state and cooperation with independent institutions of higher education.
(11) To incorporate into its own affirmative action reporting process periodic reports monitoring specific faculty and staff searches by the chairperson of the search committee to include the rationale for granting those interviews and the final hiring results. The institutions must empower its affirmative action officer to monitor searches in this manner, to intervene during the search, and, when necessary, to cause a search to cease if affirmative action goals are not being adequately served.
(12) To incorporate a specific category for accountability on affirmative action goals and implementation as part of the board's annual evaluations and three (3) year reviews for the presidents of each of the public institutions of higher education.
(13) To make a formal request of the governor that whenever an opportunity arises to make new appointments to the board, that the governor make every effort to increase the number of African Americans, Native Americans, Asians, and Hispanics on the board.
16-59-9. Educational budget and
appropriations. -- (a) The general assembly shall annually
appropriate any sums it deems necessary for support and maintenance of higher
education in the state and the state controller is authorized and directed to
draw his or her orders upon the general treasurer for the payment of the
appropriations or so much of the sums that are necessary for the purposes
appropriated, upon the receipt by him or her of proper vouchers as the board of
governors for higher education may by rule provide. The board shall receive,
review, and adjust the budgets of its several subordinate committees and
agencies and for the office of higher education and present the budget as part
of the budget for higher education, under the requirements of section
35-3-4. and the board may reallocate the budget of any board or agency
or the office of higher education upon the request of the board or agency or
upon its own initiative.
(b) The office of higher education and the institutions of public higher education shall establish working capital accounts.
(c) Any tuition or fee increase schedules in effect for the institutions of public higher education shall be received by the board of governors for allocation for the fiscal year for which state appropriations are made to the board of governors by the general assembly; provided that no further increases may be made by the board of governors for the year for which appropriations are made. Except that these provisions shall not apply to the revenues of housing, dining, and other auxiliary facilities at the University of Rhode Island, Rhode Island College, and the Community Colleges including student fees as described in P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 as amended.
(d) All housing, dining, and other auxiliary facilities at all public institutions of higher learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay operating expenses, including principal and interest on debt services, and overhead expenses for the facilities. Any debt service costs on general obligation bonds presented to the voters in November 2000 and November 2004 or appropriated funds from the Rhode Island capital plan for the housing auxiliaries at the University of Rhode Island and Rhode Island College shall not be subject to this self-supporting requirement in order to provide funds for the building construction and rehabilitation program. The institutions of public higher education will establish policies and procedures which enhance the opportunity for auxiliary facilities to be self-supporting, including that all faculty provide timely and accurate copies of booklist for required textbooks to the public higher educational institution's bookstore.
(e) The additional costs to achieve self-supporting status shall be by the implementation of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, operating expenses, principal, and interest on debt services, and overhead expenses.
SECTION 2. This article shall take effect July 1, 2004.
ARTICLE 35 SUBSTITUTE A
Relating To Public Utilities and Carriers
SECTION 1. Section 39-2-1.4 of the General Laws in
Chapter 39.2 entitled "Duties of Utilities and Carriers" is hereby
amended to read as follows:
39-2-1.4. Reasonable backup or supplemental rates. -- (a) Electricity produced by cogeneration and small power production can be of benefit to the public as part of the total energy supply of the entire electric grid of the state or consumed by a cogenerator or small power producer. Subject to compliance with applicable rules governing such service, public utilities shall provide transmission or distribution service to enable a retail customer to transmit electrical power generated by the customer at one location to the customer's facilities at another location, if the commission finds that the provision of this service, and the charges, terms, and other conditions associated with the provision of this service, are not likely to result in higher cost electric service to the utility's general body of retail and wholesale customers or adversely affect the adequacy or reliability of electric service to all customers.
(b) Each electric distribution company shall provide backup and
supplemental service to any customer who is self-generating electricity and
meets reasonable interconnection requirements designed to protect the
distribution and transmission system. The commission shall ensure that backup
and supplemental rates made, exacted, demanded or collected by any public
utility from a customer who is self-generating shall be just and reasonable and
may not be unduly discriminatory. Any backup and supplemental rate tariffs in
effect as of May 2002 may remain in effect as designed through December 31,
2004. Commencing January 1, 2005, the backup and supplemental rates shall be
cost based but may be discounted as provided for in subsection (c) of this
section. Provided, however, that the
John O. Pastore Center power plant shall be exempt from said backup or
supplemental rates. from July 1, 2003 to June 30, 2004.
(c) Notwithstanding the rate design criteria set forth in subsection (b) of this section, the commission may permit or require discounted backup distribution service rates in order to encourage economically efficient cogeneration or small power production projects if it finds these discounts to be in the public interest, provided, however, that any revenue not recovered by the electric distribution company as a result of these discounted distribution rates shall be accounted for and recovered in the rates assessed on all customers. The commission shall, in determining the public interest in distributed generating facilities, consider reduced environmental impacts, increased energy efficiency, reduced transmission losses and congestion, effects on electric system reliability and other factors the commission may deem relevant.
(d) The provisions of this section shall be effective as of January 1, 2005.
SECTION 2. This article shall take effect upon passage.
ARTICLE 36
SUBSTITUTE A AS AMENDED
Relating To Resource Recovery Corporation
SECTION 1. Section 39-3-11.2 of the General Laws in
Chapter 39-3 entitled “Regulatory Powers of Administration” is hereby to read
as follows:
39-3-11.2. Interim rates. -- Notwithstanding
the provisions of titles 23 and 39, the municipal tipping fee charged by the
resource recovery corporation shall be thirty-two dollars ($32.00) per ton from
July 1, 2003 2004 to June 30, 2004 2005.
SECTION 2. This
article shall take effect as of July 1, 2004.
ARTICLE 37
SUBSTITUTE A AS AMENDED
RELATING TO ADMINISTRATIVE PROCEDURES
SECTION 1.
Section 42-35-3 of the General Laws in Chapter 42-35 entitled “Administrative
Procedures” is hereby amended to read as follows:
42-35-3. Procedures for adoption of rules. -- (a) Prior to the adoption, amendment, or repeal of any rule the agency shall:
(1) Give at least thirty (30) days notice of its intended action. The notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have made timely request of the agency for advance notice of its rule-making proceedings, and published in a newspaper or newspapers having aggregate general circulation throughout the state, provided, however, that if the action is limited in its applicability to a particular area, then the publication may be in a newspaper having general circulation in the area. Notwithstanding the above requirements, in lieu of newspaper publication, advance notice of proposed rulemaking by the Department of Health may be provided via electronic media on a website maintained by the office of the secretary of state. Authorization for such electronic notice shall commence on July 1, 2005 and shall expire on June 30, 2006. Copies of proposed rules shall be available at the agency and by mail to any member of the public upon request.
(2) Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In the case of rules, opportunity for oral hearing must be granted if requested by twenty-five (25) persons, or by a governmental subdivision or agency, or by an association having not less than twenty-five (25) members. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so by an interested person, either prior to adoption or within thirty (30) days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling the considerations urged against its adoption.
(3) Demonstrate the need for the adoption, amendment, or repeal of any rule in the record of the rulemaking proceeding. The agency shall demonstrate that there is no alternative approach among the alternatives considered during the rulemaking proceeding which would be as effective and less burdensome to affected private persons as another regulation. This standard requires that an agency proposing to adopt any new regulation must identify any other state regulation which is overlapped or duplicated by the proposed regulation and justify any overlap or duplication.
(4) Determine whether such action would have a significant adverse economic impact on small business or any city or town. If a significant adverse economic impact on small business or any city or town may result from the proposed action, the notice of proposed action shall identify the types of small businesses that would be affected and the kind of adverse economic impact on small business that may result, or the adverse fiscal impact on cities and towns which may result and shall request comments on proposals as to how the proposed action can be changed so that the adverse economic impact on small business or cities and towns can be minimized or eliminated.
(5) Ensure that any proposed additions, deletions or other amendments to the rules and regulations be clearly marked. An agency's lawful promulgation of amendments to an existing rule shall be deemed to supersede and repeal the previous enactments of that rule, provided that the public notice required under subsection (a)(1) of this section indicated such an intent.
(b) If an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than thirty (30) days' notice, and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule so adopted may be effective for a period of not longer than one hundred twenty (120) days renewable once for a period not exceeding ninety (90) days, but the adoption of an identical rule under subsections (a)(1) and (a)(2) is not precluded.
(c) No rule hereafter adopted is valid unless adopted in substantial compliance with this section, but no contest of any rule on the ground of noncompliance with the procedural requirements of this section may be commenced after two (2) years from its effective date.
SECTION 2. This article shall take effect upon passage.
ARTICLE 38
SUBSTITUTE A AS AMENDED
Relating To Compensation of Board Members
SECTION 1. For the fiscal year ending June 30, 2005,
the compensation paid to commissioners and board members for attendance at
board meetings of the following state agencies and autonomous and
semi-autonomous boards and commissions authorized under the general laws of
this state is suspended. Reimbursement
for travel costs to said meetings will continue to be allowable in accordance
with existing state travel regulations.
R.I.G.L. Compensation
Board/Commission Title Reference (per Meeting)
Accountancy 5-3.1-4 30.00
Electricians 5-6-27 25.00
Engineers 5-8-5 25.00
Land Surveyors 5-8.1-6 25.00
Hairdressers, Cosmeticians
and Manicurists 5-10-4 25.00
Real Estate Appraisers 5-20.7-4 75.00
Real Estate Commission 5-20.5-12 25.00
Plumbing Examiners 5-20-7 25.00
Professional Regulation 5-26-5 20.00/40.00
Barber Examiners 5-10-4 25.00
Chiropractics 5-30-15 10.00
Examiners in Dentistry 5-31.1-2 100.00
Nursing 5-34-8 50.00
Health Services Council 23-17-14.2 50.00
Optometrists 5-35-3 30.00
Medical Licensure & Discipline 5-37-1.1 100.00
Hearing Aid Dealers & Fitters 5-49-15 25.00
Landscape Architects 5-51-2 25.00
Board of Governors for
Higher Education 16-59-1 50.00/75.00
Board of Regents 16-60-1 75.00
Public Telecommunications
Authority 16-61-4 50.00/75.00
Legislative Oversight 22-14-1 50.00
Building Code Commission 23-27.3-108.2.2 50.00/75.00
Fire Appeal and Review 23-28.3-4 50.00/75.00
Pipefitters and
Refrigeration Technicians 28-27-3 25.00
Apprenticeship Training 28-45-2 45.00
Commission for Human Rights 28-5-11 50.00
Motor Dealers License 31-5-2.1 40.00
Medical Advisory -- Motor
Vehicles 31-10-44 50.00
Investment 35-10-7 75.00
Ethics 36-14-8 100.00
Racing and Athletics 41-2-2 25.00
Pilotage 46-9.1-3 50.00
Water Resources Board 46-15.1-2.4 50.00/75.00
Coastal Resources Management 46-23-5 50.00/75.00
Narragansett Bay Water
Quality Distributors 46-25-8 50.00
Vehicle Value Commission 44-34-11 50.00
Police and Fire Relief 45-19-6 25.00
SECTION 2. Notwithstanding the boards and commissions identified in Section 1, it is the intent of this article to suspend the compensation paid to members of all state agencies and autonomous and semi-autonomous boards and commissions authorized compensation under the general laws of Rhode Island, except for the Medical Advisory Board of the Workers' Compensation Court pursuant to section 28-30-22 of the general laws.
SECTION 3. This article
shall take effect as of July 1, 2004.
ARTICLE 39
SUBSTITUTE A AS AMENDED
RELATING TO ISSUANCE OF LICENSES UPON PAYMENT OF TAXES
SECTION 1. Title 5 of the General
Laws entitled “Businesses and Professions” is hereby amended by adding thereto
the following chapter:
CHAPTER 76
ISSUANCE OF LICENSE UPON PAYMENT OF TAXES
5-76-1. Declaration of purpose. –It is found that in order to assure the effective and efficient administration of the tax laws of the State of Rhode Island it is essential that the state collect taxes owed it in a timely manner. Failure to collect delinquent taxes is detrimental to the health and safety of the citizens of this state.
5-76-2.
Application for license to conduct business upon certification of taxes
paid. -- (a) Any person applying to any department, board,
commission, division, authority, or other agency of this state for any license
or other authority to conduct a profession, trade or business, shall certify
upon such application, under penalties of perjury that such person has filed
all required tax returns and paid all taxes due the state from such person or,
if unpaid, is pursuing administrative or appellate review of such taxes. Such license shall not be issued unless such
certification is made.
(b) “Person” shall mean and include any individual,
corporation, limited liability company, partnership, association, joint venture
or other entity.
(c) “License” shall mean any license or other certificate of
authority, including the periodic registration of attorneys, required to
conduct a profession, trade or business in this state.
(d) For purposes of this chapter, “authority” shall also refer to the Rhode Island Supreme Court relating to the periodic registration of attorneys.
5-76-3.
Information to be furnished to the tax administrator. -- Every
department, board, commission, division, authority, or other agency of this
state which issues or renews a license or other authority to conduct a
profession, trade or business shall annually,
ninety (90) days prior to the renewal date of any license or on June 30
if such licenses are issued intermittently, furnish to the tax administrator,
in such form as the tax administrator may determine, a list containing the
following information for all licensees:
(a) name;
(b) address;
(c) federal identification number and/or social security
number;
(d) type of license issued;
(e) effective date of initial license;
(f) expiration date of license; and
(g) status of license (active/inactive).
Unless otherwise required by law, no department, board,
commission, authority or other agency shall maintain, use or disclose for any
other purpose the social security information obtained pursuant to this
section.
5-76-4.
Notice of intent to inform agency. -- (a) If within
ninety (90) days prior to the renewal date of a license the tax administrator
determines from the information furnished pursuant to § 5-76-3, or otherwise, that
any person who holds a license issued by any agency has neglected or refused to
file any tax returns or to pay any tax administered by the tax administrator
and that such tax matter is not pending administrative or appellate review, the
tax administrator shall send a written notice to such person informing him/her
of the tax administrator’s intention to request such agency or authority not to
renew such license upon expiration thereof.
(b) Within twenty-one (21) days from the date of such notice,
the licensee may request in writing a conference with the tax administrator or
his/her designee, in order to show proof of payment of all taxes or for the
purpose of entering into a time payment agreement for the delinquent taxes that
is satisfactory to the tax administrator.
(c) If upon the expiration of twenty-one (21) days from the date
of the notice to the licensee, or, if a conference has been requested, after a
conference has been held the licensee has not demonstrated to the satisfaction
of the tax administrator that he/she has filed all required returns and paid
all required taxes, or that the licensee has not entered into time payment
arrangement satisfactory to the tax administrator, the tax administrator shall
notify the agency or authority in writing that the licensee is delinquent in
filing tax returns and/or remitting taxes due.
The tax administrator shall send a copy of the notification to the
licensee.
5-76-5.
Action by agency regarding renewal of license. -- (a) Notwithstanding any other provision
of any general law, if after opportunity for conference pursuant to subsection
5-76-4(b), an
agency, or authority has been notified by the tax administrator that a licensee
is delinquent in filing returns and/or remitting taxes due, the agency or
authority shall, after notice and opportunity for hearing, refuse to re-issue,
renew or extend such license until the agency or authority receives a
certificate issued by the tax administrator that the person is in good standing
or has entered into a satisfactory time payment agreement with respect to any
and all returns due and taxes payable to the tax administrator as of the date
of issuance of said certificate. That notification of delinquent tax status
shall constitute grounds to refuse to re-issue, renew, extend, or deny any
license issued under any title of the general laws.
(b) If a licensee thereafter files an overdue return and/or
remits past taxes due or enters into a satisfactory time payment agreement with
respect to any and all returns due and taxes payable, the tax administrator
shall, within five (5) business days of a licensee's request, provide the
appropriate agency or authority the certificate of good standing specified in
section 5-76-5 of
this chapter. Within five (5) business
days of receiving such a certificate, the agency or authority shall reinstate,
reissue, renew or otherwise extend the licensee's license.
5-76-6.
Payment of tax not an admission. -- If the licensee
files an overdue return and/or remits past due taxes in order to apply for or
renew a license, said late filing and/or payment shall not be an admission of a
violation of any criminal tax statute regarding late filing and/or late
payment. Tax administrator shall not refer such person to the Attorney General
for prosecution based solely upon said late filing and/or payment of past due
taxes.
5-76-7.
Provisions not applicable. -- The provisions of this chapter
shall not apply to the certification of liquor license renewal governed by
section 3-7-24 of the Rhode Island General Laws, as amended, or the
certification of employee leasing and payroll companies governed by section
44-30-71.4 of the Rhode Island General Laws, as amended.
5-76-8. Severability. – If any
provision of this chapter or the application thereof shall for any reason be judged
invalid, that judgment shall not affect, impair, or invalidate the remainder of
the law, but shall be confined in its effect to the provision or application
directly involved in the controversy giving rise to the judgment.
SECTION 2. Chapter 31-3 of the General Laws entitled
“Registration of Motor Vehicles” is hereby amended by adding thereto the
following section:
31-3-6.1.
List of vehicles and licenses on which taxes delinquent—Denial of
renewal of registration and licenses. -- (a) The Aadministrator/Registry division of Mmotor Vvehicles shall
furnish to the Tax Administrator a listing showing the names, addresses and
social security numbers of persons whose operator’s license and/or motor vehicle
registration is subject to renewal within ninety (90) days. If within ninety (90) days prior to the
renewal date the tax administrator determines that any person seeking to renew
his/her operator’s license and/or registration has neglected or refused to file
any tax returns or to pay any tax administered by the tax administrator and
that such tax matter is not pending administrative or appellate review, the tax
administrator shall send a written notice to such person informing him/her of
the tax administrator’s intention to inform the Registry division of Mmotor Vvehicles not to renew the person’s operator license and/or motor
vehicle registration and of the procedures available to the person to contest
that determination.
(b) Within twenty-one (21) days from the date of such notice,
the licensee or registrant may request, in writing, a conference with the tax
administrator or his/her designee, in order to show proof of payment of all
taxes or for the purpose of entering into a time payment agreement for the
delinquent taxes satisfactory to the tax administrator.
(c) If upon the expiration of twenty-one (21) days from the
date of the notice to the licensee or registrant or, if a conference has been
requested, after a conference has been held, the licensee or registrant has not
demonstrated to the satisfaction of the tax administrator that he/she has filed
all required returns and paid all required taxes, or that the licensee or
registrant has not entered into time payment arrangement satisfactory to the
tax administrator, the tax administrator shall notify the Aadministrator/Registry division of Mmotor Vvehicles that the
licensee or registrant is delinquent in filing tax returns and/or remitting
taxes due. The tax administrator shall
send a copy of the notification to the licensee or registrant.
(d) The Aadministrator/Registry division of Mmotor Vvehicles shall not
renew any operator’s license or registration upon expiration thereof until all
state taxes, interest and attendant penalties have been paid in full or the
licensee or registrant has entered into a time payment agreement satisfactory
to the tax administrator.
(e) If the licensee thereafter files an overdue return and/or
remits past taxes due or enters into a satisfactory time payment agreement with
respect to any and all returns due and taxes payable, the tax administrator
shall, within five (5) business days of a licensee's request, provide the
appropriate agency or authority the certificate of good standing specified in
section 5-75-5 of this chapter. Within
five (5) business days of receiving such a certificate, the agency or authority
shall reinstate, reissue, renew or otherwise extend the licensee's license.
(f) Payment of tax not an admission.—If the licensee or
registrant files an overdue return and/or remits past due taxes in order to
apply for or renew a license or registration, said late filing and/or payment
shall not be an admission of a violation of any criminal tax statute regarding
late filing and/or late payment. The tax administrator shall not refer such
person to the Attorney General for prosecution based solely upon said late
filing and/or payment of past due taxes.
SECTION 3. Chapter 31-3 of the General Laws entitled
“Registration of Motor Vehicles” is hereby amended by adding thereto the
following section:
31-3-6.2.
List of vehicles and licenses on which court costs owed
delinquent—Denial of renewal of registration and licenses. -- (a)
The Aadministrator/Registry division of Mmotor Vvehicles shall
furnish to the State Court Administrator a listing showing the names, addresses
and social security numbers of persons whose operator’s license and/or motor
vehicle registration is subject to renewal within ninety (90) days. If within ninety (90) days prior to the
renewal date the state court administrator determines that any person seeking
to renew his/her operator’s license and/or registration has neglected or
refused to pay any court costs owed, as defined in subsection 44-30.1-1(b), the
state court administrator shall send a written notice to such person informing
him/her of the state court administrator’s intention to inform the Registry division of Mmotor Vvehicles not to renew the
person’s operator license and/or motor vehicle registration and of the
procedures available to the person to contest the determination.
(b) Within twenty-one (21) days from the date of such notice,
the licensee or registrant may request, in writing, a conference with the state
court administrator or his/her designee, in order to show proof of payment of
all court costs owed, as defined in subsection 44-30.1-1(b), or for the purpose
of entering into a time payment agreement for the delinquent court costs owed
satisfactory to the state court administrator.
(c) If upon the expiration of twenty-one (21) days from the
date of the notice to the licensee or registrant or, if a conference has been
requested, after a conference has been held, the licensee or registrant has not
demonstrated to the satisfaction of the state court administrator that he/she
has paid all required court costs owed, as defined in subsection 44-30.1-1(b),
or that the licensee or registrant has not entered into time payment
arrangement satisfactory to the state court administrator, the state court
administrator shall notify the Aadministrator/Registry
division of Mmotor Vvehicles that
the licensee or registrant is delinquent in paying court costs owed, as defined
in subsection 44-30.1-1(b). The state
court administrator shall send a copy of the notification to the licensee or
registrant.
(d) The Aadministrator/Registry
division of Mmotor Vvehicles shall
not renew any operator’s license or registration upon expiration thereof until
all state court costs owed, as defined in subsection 44-30.1-1(b), have been
paid in full or the licensee or registrant has entered into a time payment
agreement satisfactory to the state court administrator.
(e) If the licensee thereafter files an overdue return and/or
remits past taxes due or enters into a satisfactory time payment agreement with
respect to any and all returns due and taxes payable, the tax administrator
shall, within five (5) business days of a licensee's request, provide the
appropriate agency or authority the certificate of good standing specified in
section 5-75-5 of this chapter. Within
five (5) business days of receiving such a certificate, the agency or authority
shall reinstate, reissue, renew or otherwise extend the licensee's license.
SECTION 4. This
article shall take effect as of January 1, 2005.
ARTICLE 40
SUBSTITUTE A AS AMENDED
RELATING TO MILITARY AFFAIRS
SECTION
1. Section 30-24-10 of the General Laws in Chapter
30-24 entitled "Rhode Island Veterans' Home" is hereby amended to
read as follows:
30-24-10. Admissible to home -- Fees. -- (a) Any person who has served in the army, navy, marine corps, coast guard, or air force of the United States for a period of ninety (90) days or more and that period began or ended during any foreign war in which the United States shall have been engaged or in any expedition or campaign for which the United States government issues a campaign medal, and who was honorably discharged from it, and who shall be deemed to be in need of care provided at the Rhode Island veterans' home, may be admitted to that facility subject to such rules and regulations as shall be adopted by the director of human services to govern the admission of applicants to the facility. Any person who has served in the armed forces of the United States designated herein and otherwise qualified, who has served less than the ninety-day period described in this section, and who was honorably discharged from service, and who, as a result of the service, acquired a service-connected disability or disease, may be admitted. No person shall be admitted to the facility unless the person has been accredited to the enlistment or induction quota of the state or has resided in the state for at least two (2) consecutive years next prior to the date of the application for admission to the facility.
(b) (1) The director
shall, at the end of each fiscal year, determine the net per diem expenses of
maintenance of residents in the facility and shall assess against each resident
who has "net income", as defined in this section, a fee equal to ninety
percent (90%) eighty percent (80%) of the resident's net income,
provided that fee shall not exceed the actual cost of care and maintenance for
the resident; and provided that an amount equal to twenty percent (20%) of the
maintenance fee assessed shall be allocated to and deposited in the veterans'
restricted account. For the purposes of this section, "net income" is
defined as gross income minus applicable federal and state taxes and minus:
(i) An amount equal to one hundred fifty dollars ($150) per month of residency and fifty percent (50%) of any sum received due to wounds incurred under battle conditions for which the resident received the purple heart; and
(ii) The amount paid by a resident for the support and maintenance of his or her spouse, parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as defined in title XVI of the Federal Social Security Act, 42 U.S.C. 1381 -- 1383d, subject to a maximum amount to be determined by rules and regulations as shall be adopted by the director.
(2) The fees shall be paid monthly to the home and any failure to make payment when due shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded administrative due process.
(c) Admissions to the veterans' home shall be made without discrimination as to race, color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender identity or expression, assets, or income.
SECTION 2. This article shall take effect July 1, 2004.
ARTICLE 41
SUBSTITUTE A AS AMENDED
RELATING TO PHARMACEUTICAL ASSISTANCE
SECTION 1. Sections 42-66.2-3, 42-66.2-5, and 42-66.2-6
of the General Laws in Chapter 42-66.2 entitled “Pharmaceutical Assistance to
the Elderly Act” are hereby amended to read as follows:
42-66.2-3. Definitions. – As used in this chapter, unless the context requires otherwise:
(1) "Consumer" means any full-time resident of the state who fulfills the eligibility requirements set forth in § 42-66.2-5. Residence for purposes of this chapter shall be in accordance with the definitions and evidence standards set forth in § 17-1-3.1.
(2) "Contractor" means a third party or private vendor capable of administering a program of reimbursement for prescription drugs, and drug program eligibility administrative support as required by the director, the vendor to be determined through a competitive bid process in which the director awards a three (3) year contract for services.
(3) "Department" means the department of elderly affairs.
(4) "Director" means the director of the department of elderly affairs.
(5) "Eligible drugs" means insulin and shall mean noninjectable drugs which require a physician's prescription according to federal law and which are contained in the following American Hospital Formulary Service pharmacologic-therapeutic classifications categories that have not been determined by the federal "Drug Efficacy and Safety Implementation (DESI) Commission" to lack substantial evidence of effectiveness. Eligible drugs are limited to the following classification categories: cardiac drugs, hypotensive drugs, diuretics, anti-diabetic agents, insulin, disposable insulin syringes, vasodilators (cardiac indications only), anticoagulants, hemorreolgic agents, glaucoma drugs, drugs for the treatment of Parkinson's disease, antilipemic drugs and oral antineoplastic drugs and drugs for the treatment of asthma and other chronic respiratory diseases and prescription vitamin and mineral supplements for renal patients, and drugs approved for the treatment of alzheimer's disease, drugs used for the treatment of depression, those drugs approved for the treatment of urinary incontinence, anti infectives, drugs used for the treatment of arthritis, drugs approved for the treatment of osteoporosis, and neuraminidase inhibiting drugs indicated for the treatment of influenza A and B.
(ii) "Additional drugs" means noninjectable drugs which require a physician's prescription according to federal law and which are contained in the American Hospital Formulary Service pharmacologic-therapeutic classifications categories that have not been determined by the federal "Drug Efficacy and Safety Implementation (DESI) Commission" to lack substantial evidence of effectiveness, which are not included in the definition of drugs as defined in this subdivision. However, this shall not include prescription drugs used for cosmetic purposes.
(6) "Income" for the purposes of this chapter means the sum of federal adjusted gross income as defined in the Internal Revenue Code of the United States [26 U.S.C. § 1 et seq.], and all nontaxable income including but not limited to, the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief (not including relief granted under this chapter), the gross amount of any pension or annuity (including Railroad Retirement Act benefits [45 U.S.C. § 231 et seq.], all payments received under the federal Social Security Act [42 U.S.C. § 301 et seq.], state unemployment insurance laws, and veterans' disability pensions), nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of "loss of time" insurance. It does not include gifts from nongovernmental sources, or surplus foods or other relief in kind supplied by a public or private agency.
(7) "Pharmaceutical manufacturer" means any entity holding legal title to or possession of a national drug code number issued by the federal food and drug administration.
(8) "Pharmacy" means a pharmacy licensed by the state of
Rhode Island and whose place of business is physically located within the
state.
(9) "Pilot program contractor" means Blue Cross and Blue Shield of Rhode Island.
42-66.2-5. Persons eligible. – (a) Persons eligible for assistance under the provisions of this chapter include any resident of the state who is at least sixty-five (65) years of age or at least fifty-five (55) years of age and receiving social security disability benefits. State and consumer co-payment shares for these persons shall be determined as follows:
(1) For unmarried persons or married persons living separate and apart whose income for the calendar year immediately preceding the year in which assistance is sought is:
(i) Less than fifteen thousand nine hundred and thirty-two dollars ($15,932) the state shall pay sixty percent (60%) of the cost of the prescriptions and the consumer shall pay forty percent (40%) of the cost of the prescriptions;
(ii) More than fifteen thousand nine hundred and thirty-two dollars ($15,932) and less than twenty thousand dollars ($20,000), the state shall pay thirty percent (30%) of the cost of the prescriptions and the consumer shall pay seventy percent (70%) of the cost of the prescriptions; and
(iii) More than twenty thousand dollars ($20,000) and less than thirty-five thousand dollars ($35,000), the state shall pay fifteen percent (15%) of the cost of prescriptions and the consumer shall pay eighty-five percent (85%) of the cost of prescriptions.
(2) For married persons whose income for the calendar year immediately preceding the year in which assistance is sought hereunder when combined with any income of the person's spouse in the same year is:
(i) Nineteen thousand nine hundred and sixteen dollars ($19,916) or less, the state shall pay sixty percent (60%) of the cost of the prescriptions and the consumer shall pay forty percent (40%) of the cost of the prescriptions;
(ii) More than nineteen thousand nine hundred and sixteen dollars ($19,916) and less than twenty-five thousand dollars ($25,000), the state shall pay thirty percent (30%) of the cost of the prescriptions and the consumer shall pay seventy percent (70%) of the cost of prescriptions; and
(iii) More than twenty-five thousand dollars ($25,000) and less than forty thousand dollars ($40,000), the state shall pay fifteen percent (15%) of the cost of prescriptions and the consumer shall pay eighty-five percent (85%) of the cost of prescriptions.
(3) Eligibility may also be determined by using income data for the ninety (90) days prior to application for benefits and projecting that income on an annual basis. The income levels shall not include those sums of money expended for medical and pharmaceutical that exceed three percent (3%) of the applicant's annual income or three percent (3%) of the applicant's preceding ninety (90) day income computed on an annual basis.
(4) For persons on social security disability benefits who are: (i) unmarried or married and living separate and apart with income for the calendar year immediately preceding the year in which assistance is sought that is less than thirty-seven thousand one hundred and sixty-seven dollars ($37,167); or (ii) married with income that is less than forty-two thousand four hundred seventy-six dollars ($42,476), the state shall pay fifteen percent (15%) of the cost of prescriptions and the consumer shall pay eighty-five percent (85%) of the cost.
(b) On July 1 of each year, the maximum amount of allowable income for both unmarried and married residents set forth in subsection (a) shall be increased by a percentage equal to the percentage of the cost of living adjustment provided for social security recipients.
(c) Notwithstanding the foregoing provisions of this section, no person whose prescription drug expenses are paid or reimbursable, either in whole or in part, by any other plan of assistance or insurance is eligible for assistance under this section, until the person's prescription drug coverage is exhausted during a benefit year, and as provided in subsection (d).
(d) The fact that some of a person's prescription drug expenses are paid or reimbursable under the provisions of medicare, part B, shall not disqualify that person, if he or she is otherwise eligible, to receive assistance under this chapter. In those cases, the state shall pay sixty percent (60%) of the cost of those prescriptions for qualified drugs for which no payment or reimbursement is made by the federal government.
(e) Eligibility for receipt of any other benefit under any other provisions of the Rhode Island general laws as a result of eligibility for the pharmaceutical assistance program authorized under this section shall be limited to those persons whose income qualify them for a sixty percent (60%) state co-payment share of the cost of prescriptions.
(f) For all additional drugs, the consumer shall pay one hundred percent (100%) of the cost of prescriptions as set forth in § 42-66.2-4.
(g) As of July 1, 2004, all new enrollees in the program whose
income qualifies them for Transitional Assistance (135%) of poverty) under the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 Section
1860D-31, shall apply annually, for a Medicare prescription drug discount card,
to be used in conjunction with benefits offered under this chapter, in order to
continue to receive benefits under this chapter. Enrollees who joined the
program prior to July 1, 2004 and who qualify for Transitional Assistance (135%
of poverty) under the Medicare Prescription and Drug Improvement, and
Modernization Act of 2003 Section 1860D-31, shall, by September 30, 2004 and
continuously thereafter until such time as Medicare Part D becomes effective,
make application for a Medicare prescription drug discount card to be used in
conjunction with benefits offered under this chapter, in order to continue
receiving benefits under this chapter.
The Rhode Island Pharmaceutical Assistance to the Elderly
Program (RIPAE) is authorized to apply for transitional assistance with a
specific drug card under the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 Section 1860D-31 on behalf of applicants and eligible
members under this article. RIPAE shall provide applicants and eligible members
with prior written notice of, and the opportunity to decline, such automatic
enrollment.
42-66.2-6. Responsibilities of department of elderly affairs. – (a) Determination of eligibility. The department shall adopt regulations relating to the determination of eligibility of prospective consumers and the determination and elimination of program abuse. The department has the power to declare ineligible any consumer who abuses or misuses the established prescription plan. The department has the power to investigate cases of suspected provider or consumer fraud.
(b) Rebates for expenses prohibited. (1) A system of rebates or reimbursements to the consumer for pharmaceutical expenses shall be prohibited.
(2) Subdivision (1) shall not be interpreted to exclude other consumers not participating in the pharmaceutical assistance to the elderly program from receiving financial offers or redeemable coupons that are available to only those who have paid for the service or product through direct cash payment, insurance premiums, or cost sharing with an employer.
(c) Program criteria. The program includes the following criteria:
(1) Collection of the co-payment by pharmacies is mandatory;
(2) Senior citizens participating in the program are not required to maintain records of each transaction but shall sign a receipt for eligible and additional drugs;
(3)(i) A system of rebates or reimbursements to the consumer for pharmaceutical expenses is prohibited;
(ii) This subdivision shall not be interpreted to exclude other consumers from receiving financial offers or redeemable coupons that are available to only those who have paid for the service or product through direct cash payment, insurance premiums, or cost sharing with an employer.
(4) Prescription benefits for any single prescription may be dispensed in the amounts authorized by the physician, and agreed to by the consumer, up to a maximum of a one hundred (100) day supply or two hundred (200) doses, whichever is less and/or a one hundred (100) day supply or one quart of liquid, whichever is less; provided, however, that disposable insulin syringes are dispersed in a quantity of one hundred (100);
(5) Experimental drugs are excluded from the program.
(6) A system of mail order delivery for prescriptions is prohibited
allowed under this program; and
(7) Eligible and additional drugs must be dispensed within one year of the original prescription order.
(d) The director shall issue an eligibility card containing a program ID number and the time period for which the card is valid.
(e) The director shall institute and conduct an educational outreach program and shall provide a mechanism, within the department, to handle all public inquiries concerning the program.
(f) The director shall establish a process, in accordance with the Administrative Procedures Act, chapter 35 of this title, to provide an appeals hearing on the determination of eligibility.
(g) The director shall forward to the contractor a list of all eligible consumers.
SECTION 2. This article shall take effect as of July 1,
2004.
ARTICLE 42
SUBSTITUTE A AS AMENDED
RELATING TO EARLY INTERVENTION
SECTION
1. Section 23-13-22 of the General Laws in Chapter
23-13 entitled "Maternal and Child Health Services for Children with
Special Health Care Needs" is hereby amended to read as follows:
23-13-22. Early intervention program for
developmentally disabled infants. -- The director of the
department of health human services shall ensure that all
developmentally disabled infants from birth to three (3) years of age shall be
enrolled in the early intervention program. Regulations governing the delivery
of services under this program, including eligibility criteria, shall be
promulgated by the department of health human services, with the
advice of the interagency coordinating council; provided, however, that all
regulations promulgated by the department of mental health, retardation, and
hospitals health shall remain in full force and effect until the
time they are replaced by regulations promulgated by the department of health
human services. The regulations shall stipulate, at a minimum, the
following provisions that are consistent with the intent of this chapter:
(1) The director shall develop and maintain a procedure for the earliest possible identification and efficient referral of all developmentally disabled infants;
(2) The director shall ensure that every infant identified and referred to this program is enrolled as soon as possible after birth; and further, that for infants placed on a waiting list for facility based group programming, an early intervention program shall be made available within a thirty (30) day period from the time a need is identified in the individual program plan;
(3) Unless parents refuse the service, the home visiting component of the program shall commence as soon as the infant has been identified as having a possible developmental disability;
(4) Any parent(s) who
is/are dissatisfied with decisions or termination of service or with practices
and procedures of a particular agency or the department of health human
services shall notify the director of the department of health human
services in writing within thirty (30) calendar days and the complaint
shall be reviewed in accordance with department of health policy and
procedures, as amended, and the Administrative Procedures Act, chapter 35 of
title 42.
(5) An early intervention program for purposes of this section shall mean a comprehensive array of educational, developmental, health, and social services provided on a calendar year basis to eligible infants, children, and their families as specified in program regulations.
SECTION 2. This article shall take effect July 1, 2004.
ARTICLE 43
SUBSTITUTE A AS AMENDED
RELATING TO AUTHORIZATION UNDER PUBLIC CORPORATION DEBT MANAGEMENT
ACT
SECTION 1. This article shall
serve as joint resolutions required pursuant to Rhode Island General Laws §
35-18-1, et seq.
SECTION
2. Rhode
Island Training School Project
WHEREAS, The Rhode Island Training School for Youth (the “Training School”) was established for the detention of children by order of the Family Court and for the confinement, instruction and reformation of children found delinquent by the Family Court; and
WHEREAS, The Training School is a secure, 24 hour/365 day residential program for both male and female adjudicated delinquents, and youth detained and awaiting trial. The program provides for the protection of Rhode Island residents through the supervision and housing of youth, educational, medical, recreational, religious and rehabilitative services, and appropriate return to their home community for youth upon release; and
WHEREAS, Since 1973, the Training School has been the subject of a Federal District Court Order to improve physical conditions, programming, services, policies and procedures; and
WHEREAS, A Consent Decree, entered by the Federal District Court in October 2000, includes the requirement that the department construct a new facility or renovate the existing facility to provide adequate and sufficient housing, education and programming to training school residents; and
WHEREAS, The present capacity of the Training School does not accommodate the number of residents which need to be housed and is totally inadequate in terms of transition to community living release. The resultant overcrowding and lack of community-based rehabilitation options creates an unsafe environment for both residents and staff and the current aftercare program results in high supervision costs; and
WHEREAS, The buildings are not in compliance with the Americans with Disabilities Act; and
WHEREAS, The buildings lack electrical, security and life safety systems, have deteriorated bathroom and shower areas, inadequate HVAC systems, interior doors and hardware, and poor electrical lighting; and
WHEREAS, In the last decade, a new school building was constructed and three modular buildings were constructed, and renovations and improvements were made to Buildings 9, 5 and 6; and
WHEREAS, Notwithstanding the improvements made to the facility, the physical plant of the facility is not capable of meeting American Correctional Association accreditation as required by the Federal Court and therefore has prevented full compliance with the Court Order necessitating the need for judicial oversight; and
WHEREAS, These and related problems require construction and furnishing of new facilities on existing state property, one site on Power Road, to the south of Route 37, known as parcel 5, and one on Howard Avenue near Slate Hill Road in Cranston, and in certain community settings throughout Rhode Island; and
WHEREAS, The new facilities would have a total of 218 beds for males, with options for future expansion should it become necessary, and would provide safe housing and education and programming opportunities for training school residents; and at least 20 beds will be developed for females; and
WHEREAS, The Superintendent of the Rhode Island Training School shall have sole discretion for placement in the community facilities, subject to approval by the Rhode Island Family Court, and based upon a resident classification system focused on community safety; and
WHEREAS, The community rehabilitation facilities will be located in the several communities and will be certified as treatment facilities; and
WHEREAS, The community rehabilitation facilities will not be locked, but licensed as staff secure and said facilities may be new construction or purchased in accordance with the laws of the State of Rhode Island; and
WHEREAS, The design and construction or purchase of the community rehabilitation facilities would be financed through Rhode Island Capital Plan funds; and
WHEREAS, The design and construction of the aforementioned Power Road and Howard Avenue facilities would be financed through Certificates of Participation, with an expected payback period of twenty (20) years, Rhode Island Capital Plan funds, federal funds, and with proceeds from the 1994 sale of the Sockanosett property. Financing for the operation and maintenance of the facility will be included in the annual operating budgets of the Department of Children, Youth and Families; and
WHEREAS, The capital costs associated with this project are estimated to be $69,800,000. This includes $12,929,520 from the Rhode Island Capital Plan Fund, $95,000 in federal funds, proceeds of $1,892,500 from the 1994 sale of the Sockanosett property and $54,840,000 from the issuance of Certificates of Participation. The total issuance would be approximately $55,700,000, with $54,840,000 deposited in the construction fund and $860,000 available to pay the associated costs of issuance. Total lease payments over twenty (20) years on the $55,700,000 issuance are projected to be $93,200,000, assuming an average coupon of five and one-half percent (5.5%).The lease payments would be financed within the Department of Administration from general revenue appropriations and any other sources available to the department; now, therefore, be it
RESOLVED, That new training school facilities and community rehabilitation facilities are essential for the state to comply with the Federal Court Consent Decree and would provide secure, humane living conditions and rehabilitative opportunities for training school residents and former residents returning to the community; and be it further
RESOLVED, That this General Assembly hereby approves the issuance of Certificates of Participation in an amount not to exceed $55,700,000 for the construction of a new Training School for Youth; and be it further
RESOLVED, That this resolution shall apply to bonds issued on or before June 30, 2005; and be it further
RESOLVED, That the amendments to this Joint Resolution shall take effect upon passage by the General Assembly.
SECTION 3. URI Dining Hall
WHEREAS, The University of Rhode Island is proposing a project which involves construction of a new dining hall on the Kingston Campus and the demolition of one existing dining facility; and
WHEREAS, This new two-story dining hall is proposed to accommodate dining rooms, a serving kitchen, and selected convenience store options for students residing on Campus. The facility would be on a site located on a sloped site between Butterfield Road and the upper service road behind the current Hope Dining Hall location. Service, on-site storage, and deliveries will be provided through the ground level floor in the new facility; and
WHEREAS, Hope Dining Hall opened in 1959 and was subject to limited renovations in 1962 and 1994 and Roger Williams Dining Hall opened in 1966. Both facilities have various code issues and utility systems that are at the limit of their useful lives (ADA access to the Roger Williams Dining Room requires transit through the kitchen); and
WHEREAS, A professional assessment was performed to establish options that could result in improved services to students and other dining patrons. The scenarios examined included: a) renovation of existing facilities; b) renovation with additions to existing facilities; and c) replacement and reuse of existing facilities. It was determined that the new construction alternative – scenario c, provided the best and most cost effective solution for both the current complement of Dining Services patrons, as well as new residents of the suite style housing facility. Students residing in the new apartment-style quarters would be offered the convenience and benefit of pre-prepared meals from the new dining facility. Further, new business would develop with commuters, facility and staff, and participants in summer and other nonstudent campus programs. Dining Services currently supports 3,800 full-time meal plans. That number is expected to grow to 4,100 with the expansion of on-campus housing; and
WHEREAS, Hope Dining Hall would be demolished and the second level of Roger Williams Hall would revert to Housing and Residential Life; and
WHEREAS, The University of Connecticut and the University of New Hampshire have both recently opened new dining halls. It is the University’s intent to keep pace with these institutions –URI’s key competitors for undergraduate students; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. Gen. Laws section 35-18-1, et seq.) requires the General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island and other public agencies of certain obligations including financing guarantees or other agreements which exceed $4,000,000; and
WHEREAS, The design, construction and equipping of this facility is projected to cost about $16,450,000 and the proposal is to finance the project with $13,840,000 in RIHEBC revenue bonds, with an expected term of thirty (30) years as well as $2,595,000 in funding from the Dining Services base budget over a three year period; and
WHEREAS, Revenue Bond Debt Service payments would be supported by Dining Services revenues; now, therefore be it
RESOLVED, That the total amount of the debt approved to be issued in the aggregate shall be limited to not more than thirteen million eight hundred and forty-thousand dollars ($13,840,000). Total debt service on the bonds is not expected to exceed nine hundred forty-seven thousand two hundred thirty-two dollars ($947,232) annually and twenty-eight million four hundred sixteen thousand nine hundred sixty-three dollars ($28,416,963) dollars in the aggregate based on an average interest rate of five and one-half (5.5%) percent and a thirty year maturity; and be it further
RESOLVED, That the new dining facility is critical to improve and accommodate the daily operations of URI; and that this General Assembly hereby approves financing; and be it further
RESOLVED, That this resolution shall apply to bonds issued on or before June 30, 2006; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage by this General Assembly.
SECTION
4. Travelers Aid Project
WHEREAS, The State of Rhode Island has a significant need for transitional housing; and
WHEREAS, The Neighborhood Opportunities Program and the relocation of Travelers Aid in Providence will increase the amount of affordable housing and transitional housing services available in the State to its citizens; and
WHEREAS, In 2002, the State developed a program that allowed the Neighborhood Opportunities Program and the State’s contribution to the Travelers Aid project to be financed through bonds issued by the Rhode Island Housing and Mortgage Finance Corporation, insured, secured, or otherwise credit-enhanced or purchased by a major financial institution, to be repaid by the state over a period of approximately ten (10) years; and
WHEREAS, Pursuant to Resolution 132 of the 2002 Rhode Island Acts and Resolves (H 6626 Substitute A) the State entered into a financing agreement in the amount of $12,550,000 to finance the Neighborhood Opportunities Program and the State’s contribution to the Travelers Aid Project; and
WHEREAS, $2,200,000 of additional funding in 2004 for the Travelers Aid project will satisfy the State’s commitment to the Travelers Aid project improving both transitional housing and related service capabilities; and
WHEREAS, The State seeks to continue the program that would allow the State’s contribution to the Travelers Aid project to be financed through bonds issued by the Rhode Island Housing and Mortgage Finance Corporation, insured, secured or otherwise credit-enhanced or purchased by a major financial institution, to be repaid by the State over a period of approximately five (5) years (the “Financing”); and
WHEREAS, Providing transitional housing services to the State’s population is a priority of this General Assembly; now , therefore be it
RESOLVED, That the General Assembly hereby authorizes the Governor, the Director of the Department of Administration or other appropriate state officials to enter into a financial obligation, guarantee, or other agreement, or agreements evidencing the financing obligation of the State of Rhode Island for the term of the financing in an amount not to exceed $2,250,000 for the additional state contribution to the Travelers Aid Right Moves project; and be it further
RESOLVED, That the project costs associated with the Travelers Aid Right Moves project are $16,000,000, of which the State committed $2,500,000 through a previous financing, $300,000 through a state appropriation, and is committing an additional $2,200,000. The total financing obligation of the State of Rhode Island would be approximately $2,250,000, with $2,200,000 deposited in the construction fund to be disbursed to Travelers Aid, and $50,000 available to pay the associated costs of financing, if required. Total payments on the state’s obligation over five (5) years on the $2,250,000 issuance are projected to be $2,257,055, assuming an average effective interest rate of 4.0%. The payments would be financed within the Department of Administration from general revenue appropriations.
SECTION 5. Kent County Courthouse
WHEREAS, The General Assembly has previously approved the issuance of Certificates of Participation to finance the construction of a new courthouse in Kent County; and
WHEREAS, The costs of the project have increased and it is the desire of the General Assembly to fund these additional costs through the certificates of participation; and
WHEREAS, The previous resolution, 2001 H-6534, is rescinded and replaced by the authorization contained herein; and
WHEREAS, The office building which now houses the Leighton Judicial Complex (the “Complex”) was transformed into a courthouse in 1974; and
WHEREAS, over the last 20 years, the Complex has undergone considerable additional remodeling and rehabilitation to accommodate the changing needs of the Judiciary and the public; and
WHEREAS, Notwithstanding these improvements, the Complex is grossly inadequate for the current and projected needs of the people it serves; and
WHEREAS, The Complex lacks the security measures required of modern courthouses. Specifically, the Complex has multiple entrances, only two of which are permanently staffed by security personnel. The internal configuration of the Complex forces judges, the public, staff, and prisoners to be in the same hallways and elevators at the same time. The first floor of the Complex contains the only holding facility for prisoners who have to appear in the courtrooms located on the second, third and fourth floors of the building. The judges’ chambers and staff offices can be accessed by the public. Due to the lack of adequate space, grand jury proceedings are held in a jury assembly room that lacks the necessary features to keep those proceedings confidential and secure. The Complex also lacks the appropriate furnishings, equipment, security devices and services; and
WHEREAS, Much of the space within the Complex is functionally inadequate. Specifically, the Complex lacks public waiting space on all floors. There is insuftficient attorney conference and witness waiting space, as well as staff conference and meeting rooms. As a result, the corridors are crowded and overflowing with citizens seeking to obtain access to the Judiciary. There is no sitting area for people who are waiting to be called for jury duty and the jury assembly room lacks customary access to restrooms and vending machines. There is no direct internal access to the Superior Court Clerk’s Office; and
WHEREAS, The Complex contains virtually no provisions for the disabled; and
WHEREAS, The Complex sometimes poses a health hazard to those who use it. From August 1, 1994 until December 19, 1994, the Complex was closed and all employees were removed while the State completed “stop gap” repairs to meet basic environmental and safety standards; and
WHEREAS, These and related problems require that a new facility be provided to house the Kent County Courthouse in a safe, efficient, and user friendly fashion; and
WHEREAS, The new courthouse would house six (6) Superior Court courtrooms, five (5) Family Court courtrooms, and five (5) District Court courtrooms; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act (RIGL Section 35-18-3, et seq.) requires the General Assembly to provide its consent to the issuance of certain obligations; and
WHEREAS, The design, construction, and equipping of these improvements will be financed through Certificates of Participation, with an expected payback period of twenty (20) years. Financing the operation and maintenance of the new courthouse will be included in the annual operating budgets of the judicial branch; and
WHEREAS, The capital costs associated with this project are estimated to be $60.064 million. The total issuance would be approximately $60.985 million, with $60.064 million deposited in the construction fund, $.921 million available to pay the associated costs of issuance. Total lease payments over twenty (20) years on the $60.985 million issuance are projected to be $94.511 million, assuming an average coupon of 4.75%. The amount of issuance would be reduced by any savings resulting from the final bid amounts and from any premium to be received at the time of sale. The lease payments would be financed within the Department of Administration from general revenue appropriations and any other sources available to the agencies occupying the courthouse; now, therefore be it
RESOLVED, That a new courthouse is critical to ensure that justice is administered in a safe, fair, and efficient manner; and be it further
RESOLVED, That this General Assembly hereby approves financing in an amount not to exceed $60.985 million for the provision of a new Kent County Courthouse; and be it further.
RESOLVED, That this Joint Resolution shall take effect immediately upon its passage by this General Assembly.
SECTION
6. 2003 Airport Project
WHEREAS, The Rhode Island Economic Development Corporation and the Rhode Island Airport Corporation received approval pursuant to Rhode Island General Laws Section 35-18-1 et seq. for the issuance of debt not to exceed $55,150,000 for the 2003 Airport Project; and
WHEREAS, The Bonds have not yet been issued; and
WHEREAS, The Rhode Island Economic Development Corporation and the Rhode Island Airport Corporation desire the general assembly to extend such approval; now, therefore be it
RESOLVED, That Section 7 of Article 36 of Chapter 376 of the Public Laws of 2003 entitled "An Act Relating to Making Appropriations for the Support of the State for the Fiscal Year Ending June 30, 2004" is hereby reenacted.
2004 Airport Project
WHEREAS, The Rhode Island Economic Development Corporation is a public instrumentality of the State of Rhode Island (the “State”), created by the General Assembly pursuant to Rhode Island General Laws § 42-64-1 et seq. (as enacted, reenacted and amended, the “Act”); and
WHEREAS, The Act declares, in part, that new industrial, manufacturing, recreational, and commercial facilities are required to attract and house new industries and thereby reduce the hazards of unemployment; and that unaided efforts of private enterprises have not met and cannot meet the needs of providing those facilities due to problems encountered in assembling suitable building sites, lack of adequate public service, unavailability of private capital for development, and the inability of private enterprise alone to plan, finance, and coordinate industrial, recreational, and commercial development; and
WHEREAS, The Act further declares it to be the public policy of the state to furnish proper and adequate airport facilities within the state and to encourage the integration of these facilities so far as practicable; and
WHEREAS, In furtherance of these goals, it is the policy of the state to retain existing industries and to induce, encourage and attract new industries through the acquisition, construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and commercial facilities, as well as transportation, residential, environmental, utility, public service, institutional and civic and community facilities, and to develop sites for such facilities; and
WHEREAS, The Act has empowered the Rhode Island Economic Development Corporation to establish subsidiary corporations to exercise its powers and functions, or any of them, and, pursuant to such power, the Rhode Island Economic Development Corporation has established the Rhode Island Airport Corporation to plan, develop, construct, finance, manage, and operate airport facilities in the state; and
WHEREAS, The Act provides that the Rhode Island Airport Corporation shall have the power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated; and
WHEREAS, The Act also provides that the Rhode Island Airport Corporation shall have the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or to grant options for any such purposes with respect to any real or personal property or interest therein, all of the foregoing for such consideration as the Rhode Island Airport Corporation shall determine. Any lease by the Rhode Island Airport Corporation to another party may be for such part of the Rhode Island Airport Corporation's property, real or personal, for such period, upon such terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for such consideration, at or after the retirement of all indebtedness incurred by the Rhode Island Airport Corporation on account thereof, as the Rhode Island Airport Corporation shall determine; and
WHEREAS, The Act authorizes the Rhode Island Economic Development Corporation to borrow money and issue bonds for any of its corporate purposes; and
WHEREAS, Pursuant to Rhode Island General Laws Sections 35-18-3 and 35-18-4, the Rhode Island Economic Development Corporation has requested the approval of the General Assembly of the Rhode Island Economic Development Corporation’s issuance of airport revenue bonds (the “Bonds”) for the purpose of providing funds to the Rhode Island Airport Corporation for financing the various capital projects including, but not limited to, security checkpoint renovations, glycol facilities, runway improvements, obstruction removal, land acquisition, facility demolition at Quonset, airfield maintenance facility renovations, north and south concourse escalators and costs of environmental impact statements (the "2004 Airport Project") funding capitalized interest, costs of issuing the Bonds and related costs, and the establishment reserves for the project and the Bonds, including a debt service reserve fund; and
WHEREAS, The financing of the 2004 Airport Project will be accomplished through one or more loan agreements having the Rhode Island Airport Corporation as borrower, such agreement or agreements to require that the Rhode Island Airport Corporation make loan payments in an amount equal to the debt service on the Bonds; now, therefore be it
RESOLVED, That the General Assembly hereby approves the Rhode Island Economic Development Corporation’s issuance of the Bonds. The Bonds will be special obligations of the Rhode Island Economic Development Corporation payable exclusively from loan repayments under a loan agreement with the Rhode Island Airport Corporation and from Bond proceeds, funds, accounts, and properties and the proceeds thereof pledged therefor, and thus the Rhode Island Economic Development Corporation’s maximum liability will be limited to loan repayments received under the loan agreement and the aggregate amount of such other funds, accounts, properties, and proceeds; and be it further
RESOLVED, That the total amount of debt approved to be issued in the aggregate shall be limited to not more than $49,135,000. Total debt service on the Bonds is not expected to exceed $4,084,000 annually and $95,700,000 in the aggregate based on an average interest rate of 6.00% and a 25-year maturity; and be it further
RESOLVED, That none of the Bonds or the loan agreements shall constitute indebtedness of the State or a debt for which the full faith and credit of the State is pledged or a moral obligation thereof; and be it further
RESOLVED, That the General Assembly hereby approves the Rhode Island Airport Corporation's entering into the loan agreements described above. Payments under the loan agreements shall be derived exclusively from project revenues and such other proceeds, funds, accounts; and be it further
RESOLVED, That this resolution shall apply to bonds issued on or before June 30, 2005.
SECTION 7. Warwick Intermodal Train Station Project
WHEREAS, The Rhode Island economic development corporation is a public instrumentality of the State of Rhode Island (the “State”), created by the General Assembly pursuant to Rhode Island General Laws § 42-64-1 et seq. (as enacted, reenacted and amended, the “Act”); and
WHEREAS, The Act declares, in part, that new industrial, manufacturing, recreational, and commercial facilities are required to attract and house new industries and thereby reduce the hazards of unemployment; and that unaided efforts of private enterprises have not met and cannot meet the needs of providing those facilities due to problems encountered in assembling suitable building sites, lack of adequate public service, unavailability of private capital for development, and the inability of private enterprise alone to plan, finance, and coordinate industrial, recreational, and commercial development; and
WHEREAS, The Act further declares it to be the public policy of the state to furnish proper and adequate airport facilities within the state and to encourage the integration of these facilities so far as practicable; and
WHEREAS, In furtherance of these goals, it is the policy of the state to retain existing industries and to induce, encourage and attract new industries through the acquisition, construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and commercial facilities, as well as transportation, residential, environmental, utility, public service, institutional and civic and community facilities, and to develop sites for such facilities; and
WHEREAS, The Act has empowered the Rhode Island economic development corporation to establish subsidiary corporations to exercise its powers and functions, or any of them, and, pursuant to such power, the Rhode Island economic development corporation has established the Rhode Island airport corporation to plan, develop, construct, finance, manage, and operate airport facilities in the state; and
WHEREAS, The Act provides that the Rhode Island airport corporation shall have the power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated; and
WHEREAS, The Act also provides that the Rhode Island airport corporation shall have the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or to grant options for any such purposes with respect to any real or personal property or interest therein, all of the foregoing for such consideration as the Rhode Island airport corporation shall determine. Any lease by the Rhode Island airport corporation to another party may be for such part of the Rhode Island airport corporation's property, real or personal, for such period, upon such terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for such consideration, at or after the retirement of all indebtedness incurred by the Rhode Island airport corporation on account thereof, as the Rhode Island airport corporation shall determine; and
WHEREAS, The Act authorizes the Rhode Island economic development corporation to borrow money and issue bonds for any of its corporate purposes; and
WHEREAS, Pursuant to Rhode Island General Laws Sections 35-18-3 and 35-18-4, the Rhode Island economic development corporation has requested the approval of the General Assembly of the Rhode Island economic development corporation’s issuance of special purpose revenue bonds (the “Bonds”) for the purpose of providing funds to the Rhode Island airport corporation for financing the acquisition, construction, furnishing and equipping of the Warwick Station project, as defined below, funding capitalized interest, costs of issuing the Bonds and related costs, and the establishment reserves for the project and the Bonds, including a debt service reserve fund; and
WHEREAS, The Warwick Station project will be erected on land owned or to be owned by the state and leased to the Rhode Island airport corporation and the project will therefore be subject to the terms and provisions of the lease agreement between the state and the Rhode Island airport corporation; and
WHEREAS, The Rhode Island airport corporation has entered or will enter into agreements with rental car companies, and it expects that receipts from such agreements and from a customer facility charge will provide adequate revenues so that the full faith and credit of the state, the Rhode Island economic development corporation, and the Rhode Island airport corporation will be unnecessary in order to issue and market the Bonds; and
WHEREAS, The state has established the Rhode Island department of transportation to have responsibility for preparing short-range plans, project plans, and implementation programs for transportation and for maintaining an adequate level of rail passenger and freight services, including the administration of any financial or technical assistance which may be made available to operators of railroad transportation facilities and for carrying out the supervision of the state airport at Warwick (to the extent such responsibility has not heretofore been delegated to the Rhode Island airport corporation); and
WHEREAS, The Rhode Island department of transportation is authorized to cooperate with the appropriate agencies of the federal government, this state, other states, and regional agencies in the planning, design, construction, operation, and maintenance of transportation facilities and programs; and
WHEREAS, The Rhode Island department of transportation is authorized to apply for and accept funds from federal and regional agencies to carry out any of its functions, and to contract with the federal government and regional agencies concerning the use and disposition of those funds; and
WHEREAS, Pursuant to Rhode Island General Laws Sections 35-18-3 and 35-18-4, the governor has requested, on behalf of the Rhode Island airport corporation, the approval of the General Assembly of the Rhode Island airport corporation's obtaining a loan under the Transportation Infrastructure Finance and Innovation Act (hereinafter referred to as the “TIFIA” Loan) for the purpose of reducing the amount of Bonds that must be issued or held outstanding; and
WHEREAS, The hard and soft construction costs of the project are anticipated to be not more than $170,000,000, of which approximately $25,000,000 has been earmarked from the Transportation Equity Act for the 21st Century (herein after referred to as “TEA-21”), and the aggregate amount of the Bonds and TIFIA Loan therefor is requested in a principal amount not to exceed $123,000,000; and
WHEREAS, The financing of the project will be accomplished through one or more loan agreements having the Rhode Island airport corporation as borrower, such agreement or agreements to require that the Rhode Island airport corporation make loan payments (but only from project revenues and such other funds and assets as the Rhode Island airport corporation may designate) in an amount equal to the debt service on the Bonds, the TIFIA Loan, or both, as the case may be; and
WHEREAS, For purposes of this resolution:
(a) “Additional TIFIA elements” shall mean the freight rail improvement project and the acquisition and construction of rolling stock and commuter rail facilities and equipment;
(b) "Bonds" shall mean special purpose revenue bonds issued by the Rhode Island economic development corporation for the purpose of financing the acquisition, construction, furnishing and equipping of the project, funding capitalized interest, costs of issuing the Bonds and related costs, and the establishment reserves for the project and the Bonds, including a debt service reserve fund;
(c) "TIFIA Loan" means any loan granted by or at the direction of the Federal Highway Administration to a participating agency for the benefit of the project or the additional TIFIA elements under the Transportation Infrastructure Finance and Innovation Act;
(d) "Warwick Station project" or "project" shall mean an intermodal ground transportation facility located within one-half mile of the Bruce Sundlun terminal of T.F. Green state airport, which facility may include one or more of the following elements: a train and bus station, a commuter parking facility, and a consolidated rental car facility, an automated people mover system to connect that facility to the Bruce Sundlun terminal of the T.F. Green state airport; and related roadway improvements; now, therefore be it
RESOLVED, That the General Assembly hereby approves the Rhode Island economic development corporation’s issuance of the Bonds. The Bonds will be special obligations of the Rhode Island economic development corporation payable exclusively from loan repayments under a loan agreement with the Rhode Island airport corporation and from Bond proceeds, funds, accounts, and properties and the proceeds thereof pledged therefor, and thus the Rhode Island economic development corporation’s maximum liability will be limited to loan repayments received under the loan agreement and the aggregate amount of such other funds, accounts, properties, and proceeds; and be it further
RESOLVED, That the General Assembly hereby approves the taking by the Rhode Island airport corporation of a TIFIA Loan for the purposes outlined herein. The TIFIA Loan will be payable from project revenues and from proceeds, funds, accounts, and properties and the proceeds thereof pledged therefor; and be it further
RESOLVED, That the total amount of debt approved to be issued in the aggregate as Bonds or as a TIFIA Loan be limited to not more than $123,000,000 at any one time. (The principal amount of any Bonds or TIFIA Loan that has been legally or economically defeased shall not be counted against the limit of outstanding Bonds or TIFIA Loan.) Total debt service on the Bonds and TIFIA Loan is not expected to exceed $230,000,000 based on an average interest rate of 6.00% for any Bonds issued on a federally tax-exempt basis, 7.00% for any federally taxable Bonds, and 6.00% for any amount borrowed through a TIFIA Loan, and a 30-year maturity; and be it further
RESOLVED, That it is the intention of the State of Rhode Island to finance any costs of the project in excess of $115,215,000 with federally earmarked transit or highway grants or other funds appropriated for the project; and be it further
RESOLVED, That the General Assembly hereby approves the Rhode Island airport corporation's entering into the loan agreements described above. Payments under the loan agreements shall be derived exclusively from project revenues and such other proceeds, funds, accounts, projects and the proceeds thereof as the Rhode Island airport corporation may pledge therefor; and be it further
RESOLVED, That none of the Bonds, the TIFIA Loan, or the loan agreements shall constitute indebtedness of the State or a debt for which the full faith and credit of the State is pledged or a moral obligation thereof; and be it further
RESOLVED, That this resolution shall apply to bonds issued on or before June 30, 2005.
SECTION 8. Vehicles, Heavy Equipment, and Truck
Financing Project
WHEREAS, The State of Rhode Island finds that it is cost effective to use the State’s tax-exempt borrowing capacity to finance vehicle, trucks, and heavy equipment; and
WHEREAS, The State of Rhode Island finds that it is cost effective when such borrowings are consolidated into a one borrowing package rather than executed on a individual basis with financing companies; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act (The Rhode Island Public Corporation Debt Management Act (R.I. Gen. Laws § 35-18-1, et seq.) requires the General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island and other public agencies of certain obligations including financing guarantees or other agreements which exceed $4,000,000; and
WHEREAS, This methodology has been approved in past years by the General Assembly when the issuance amount exceeds the amount allowed under The Rhode Island Public Corporation Debt Management Act (R.I. Gen. Laws § 35-18-1, et seq.); and
WHEREAS, The State of Rhode Island Department of Administration desires to combine the Fiscal Year 2003 borrowing and the Fiscal Year 2004 borrowing into one consolidated issue, resulting in an estimated $7,100,000 issuance, with $7,080,000 deposited in the construction fund and an estimated $20,000 available to pay the associated costs of issuance. Total lease payments over a period no longer than seven (7) years on the $7,100,000 issuance are projected to be $8,280,000, assuming an average coupon of 4.0%. The lease payments would be financed within the various from general revenue appropriations or any other, federal, and restricted sources available to the department; now, therefore be it
RESOLVED, That it is cost effective when such borrowings are consolidated into a one borrowing package; and be it further
RESOLVED, That this General Assembly hereby approves financing in an amount not to exceed $7,100,000 for the purchase of vehicles, heavy equipment and trucks.
SECTION 9. This
article shall take effect upon passage.
ARTICLE 44
SUBSTITUTE A AS AMENDED
RELATING TO WATERS AND NAVIGATION -- COASTAL AND ESTUARY HABITAT
RESTORATION PROGRAM AND TRUST FUND
SECTION
1. Section 46-23.1-3 of the General Laws in Chapter
46-23.1 entitled "The Coastal and Estuary Habitat Restoration Program and
Trust Fund" is hereby amended to read as follows:
46-23.1-3. The Rhode Island coastal and estuarine habitat restoration trust fund. -- (a) Establishment. - There is established within the coastal resources management council a Rhode Island coastal and estuarine habitat restoration trust fund (the "trust"). On July 1, 2002, July 1, 2004 and each July 1st thereafter, two hundred and fifty thousand dollars ($250,000) of the fees collected under the uniform oil spill response and prevention statute (section 46-12.7-4.1) shall be deposited into the trust. The trust shall be available for disbursement by the council in accordance with the restrictions and purposes of this chapter and subject to an annual appropriation by the legislature. The trust may also receive federal, state, municipal, and private grants, gifts, or donations. Funds in the trust shall not be used for mitigating any current, planned or future projects that degrade, fill, or otherwise destroy coastal or estuarine habitats. Funds in the trust shall not be used to fulfill any liability for restoration required by any local, state or federal agency pursuant to an environmental or public health enforcement action.
(b) Funding of estuary and coastal habitat restoration activities. - Factors to be taken into account by the technical committee for the purposes of granting monies for estuary and coastal habitat restoration activities, determining the eligibility of an estuary and coastal habitat restoration projects for financial assistance, and in prioritizing the selection of estuary and coastal habitat restoration projects by the technical committee shall include, but need not be limited to:
(1) Consistency with the state estuary and coastal habitat restoration strategy, the Narragansett Bay comprehensive conservation and management plan, the state coastal nonpoint pollution control plan, the coastal resources management program, the department of environmental management regulations, and pertinent elements of the state guide plan;
(2) The ability of the applicant to provide adequate personnel funding, and authority to carry out and properly maintain the estuary and coastal habitat restoration activity;
(3) The proposed monitoring plan to ensure that short-term and long-term restoration goals are achieved;
(4) The effectiveness of any nonpoint source pollution management efforts upstream and the likelihood of re-impairment;
(5) Whether the estuary and coastal habitat restoration activity can be shown to replace habitat losses that benefit fish and wildlife resources;
(6) Potential water quality improvements;
(7) Potential improvements to fish and wildlife habitats for species which are identified as rare or endangered by the Rhode Island Natural History Survey or the federal Endangered Species Act [16 U.S.C. section 1531 et seq.];
(8) The level and extent of collaboration by partners (e.g., municipality, nongovernment organization, watershed council, federal agency, etc.); and
(9) Potential direct economic benefit to a community or the state.
SECTION
2. Section 46-12.7-4.1 of the General Laws in Chapter
46-12.7 entitled "Oil Spill Prevention, Administration and Response
Fund" is hereby amended to read as follows:
46-12.7-4.1. Uniform oil response and prevention fee. -- (a) A uniform oil spill response and prevention fee in an amount not exceeding five cents ($.05) for each barrel of petroleum products, as set by the director pursuant to subsection (d) of this section, shall be imposed upon every person owning petroleum products at the time the petroleum products are received at a marine terminal within this state by means of a vessel from a point of origin outside this state. The fee shall be remitted to the division of taxation on the 30th day of each month based upon the number of barrels of petroleum products received during the preceding month.
(b) Every owner of petroleum products shall be liable for the fee until it has been paid to the state, except that payment to a marine terminal operator registered under this chapter is sufficient to relieve the owner from further liability for the fee; provided, however that the fee for asphalt products and asphalt derivatives shall be one cent ($.01) per barrel of asphalt products or derivatives.
(c) Whenever the director, in consultation with the department and the division of taxation, estimates that the amount in the fund will reach the amount specified in subsection (e) of this section, and the money in the fund is not required for the purposes specified in section 46-12.7-5.1, the director shall instruct the division of taxation to cease collecting the fee.
(d) The director shall set the amount of the oil spill prevention and response fees. The administrator, except for the fee set out in subsection (b), shall not set the amount of the fee at less than five cents ($0.05) for each barrel of petroleum products or crude oil, unless the director finds that the assessment of a lesser fee will cause the fund to reach the designated amount within six (6) months.
(e) For the purposes of this chapter, "designated amount" means an amount equal to ten million dollars ($10,000,000), adjusted for inflation after January 1, 1998, according to an index which the director may reasonably choose.
(f) All fees collected pursuant to this section shall be deposited in the oil spill prevention, administration, and response fund, and shall be disbursed according to the purposes expressed in section 46-12.7-5.1.
(g) Notwithstanding the provisions of subsection (f) of this section, on July 1, 2002, July 1, 2004 and each July 1st thereafter, two hundred and fifty thousand dollars ($250,000) of the fees collected under this section shall be deposited into the coastal and estuarine habitat restoration trust fund (the "trust").
SECTION
3. This article shall take effect upon passage.
ARTICLE 45
SUBSTITUTE A AS AMENDED
RELATING TO COURT ADMINISTRATION
SECTION
1. Section 8-15-4 of the General Laws in Chapter 8-15
entitled "Court Administration" is hereby amended to read as follows:
8-15-4. Appointment of court administrator and assistants. -- (a) The chief justice shall appoint a court administrator and such assistants as he or she deems necessary to aid in the administration of the judicial system. The administrator and his or her assistants shall serve at the pleasure of the chief justice.
(b) The court administrator shall, under the direction of the chief justice, prepare an annual budget for the judicial system and submit the budget to the department of administration and perform all other necessary functions relating to the administration of the courts thereof.
(c) It shall be the responsibility of the court administrator,
under the direction of the chief justice, to act upon all administrative
matters affecting the operation of the judiciary, including, but not limited
to:
(1) The preparation of the judicial payrolls;
(2) The control of judicial appropriations for all state
courts, except those as provided otherwise by law;
(3) The procuring of office space, supplies, equipment, and
professional and technical assistants for the judiciary; and
(d) The court administrator, with the written approval of the chief justice, is authorized and empowered to adopt any rules and regulations that are deemed necessary to accomplish the purposes of this section, a copy of which rules and regulations shall be filed with the secretary of state and available for public inspection. In the formation of these rules and regulations, the judiciary shall take into consideration and conform to, where practicable, existing policies governing financial and personnel practices within the executive branch of government.
(c) (e) The
court administrator shall, under the direction of the chief justice, assume
control of and supervise the maintenance and repair of all buildings housing
the supreme and several inferior courts of justice throughout the state of Rhode
Island presently under the jurisdiction and authority of the department of
administration. The general assembly shall appropriate sufficient amounts in
the court budget to enable the court administrator to implement the provisions
of this section.
(f) The preparation of the annual budget for the judiciary and
all state courts including salaries.
SECTION
2. Section 35-3-1 of the General Laws in Chapter 35-3
entitled "State Budget" is hereby amended to read as follows:
35-3-1. Budget officer -- General powers and duties. -- (a) Within the department of administration there shall be a budget officer who shall be appointed by the director of administration with the approval of the governor. The budget officer shall be required to:
(1) Exercise budgetary control over all state departments and agencies and perform management analyses;
(2) Operate an appropriation allotment system;
(3) Prepare the annual budget of the receipts and expenditures of the state;
(4) Develop long term activity and financial programs, particularly capital improvement programs;
(5) Approve or disapprove all requests for new personnel and to investigate periodically the need of all existing positions in the state service and report thereon to the director of administration; and
(6) Prepare a five (5) year financial projection of anticipated general revenue receipts and expenditures, including detail of principal revenue sources and expenditures by major program areas, which projection shall be included in the budget submitted to the general assembly pursuant to section 35-3-7.
(b) The budget officer may approve or disapprove requisitions for equipment, materials, and supplies.
(c) The budget officer's duties and powers relating to budgetary controls and personnel requests of the legislative and judicial departments shall be purely ministerial, concerned only with the availability of the funds, and in no event shall the budget officer interpose his or her judgment regarding the wisdom or expediency of items of expenditure.
SECTION
3. Section 35-3-5 of the General Laws in Chapter 35-3
entitled "State Budget" is hereby amended to read as follows:
35-3-5. Estimates for legislature and
judiciary. -- Itemized estimates of the financial needs of the
legislature and of the judiciary shall be submitted, without revision,
by the budget officer to the governor on or before the first day of October for
inclusion in the budget, with such recommendations by the governor as he or
she may deem proper to submit to the general assembly. The Governor shall submit the financial
needs as requested by the legislature and judiciary without revision for
inclusion in the budget recommendation to the general assembly. The budget
officer shall provide copies to the House Fiscal Advisor and the Senate Fiscal
Advisor.
SECTION
4. Sections 36-4-2.1 and 36-4-16.4 of the General
Laws in Chapter 36-4 entitled "Merit System" are hereby amended to
read as follows:
36-4-2.1. Exemptions from merit system. -- The appointment, promotion, salaries, tenure, and dismissal of employees of the legislative and judicial departments shall not be subject to control in any manner or degree by the personnel administrator, or by any other officer or board of the executive branch of government.
36-4-16.4. Salaries of directors, judges, and
workers' compensation judges. -- (a) In the month of January of
each year, the unclassified pay plan board will meet to determine salaries to
be paid to directors of all state executive departments and to judges
of all state courts, and to the judges of the workers' compensation court
for the following year. In determining these salaries, members of the board
will take into consideration the duties and responsibilities of the aforenamed
officers, as well as such related factors as salaries paid executive and
judicial positions in other states and levels of government, and in comparable
positions anywhere which require similar skills, experience, or training.
Consideration shall also be given to the amounts of salary adjustments made for
other state employees during the period that pay for directors, judges, and
workers' compensation judges was set last.
(b) Each salary determined
by the board will be in a flat amount, exclusive of such other monetary
provisions as longevity, educational incentive awards, or other fringe
additives accorded other state employees under provisions of law, and for which
directors and judges, and workers' compensation judges are eligible and
entitled.
(c) In no event will the
board lower the salaries of existing directors, judges, and workers'
compensation judges during their term of office.
(d) Upon determination by
the board, the proposed salaries of directors, judges, and workers'
compensation judges will be referred to the general assembly by the last
day in February of that year to go into effect thirty (30) days hence, unless
rejected by formal action of the house and the senate acting concurrently
within that time.
SECTION 5.
Section 8-15-6 of the General Laws in Chapter 8-15 entitled "Court Administration"
is hereby amended to read as follows:
8-15-6. Internal administration of courts
not affected. -- The presiding judge of the superior court, the
chief judge of the family court, the chief judge of the district court, the
chief judge of the workers' compensation court, and the chief judge of the
district court for the traffic tribunal shall have the power to administer the
affairs of their respective courts; to establish calendars and to assign judges
to those calendars; to appoint administrative and clerical personnel for their
courts; to act as authorized agent for their court; and to make rules for the
conduct of their business, not inconsistent with the rules promulgated for the
courts pursuant to section 8-6-2. In addition, each respective court shall
prepare an annual budget for their court which will be submitted to the court
administrator for the purposes of section 8-15-4(b).
SECTION
6. Section 35-6-1 of the General Laws in Chapter 35-6
entitled "Accounts and Control" is hereby amended to read as follows:
35-6-1. Controller -- Duties in general. -- (a) Within the department of administration there shall be a controller who shall be appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall be responsible for accounting and expenditure control and shall be required to:
(1) Administer a comprehensive accounting and recording system which will classify the transactions of the state departments and agencies in accordance with the budget plan;
(2) Maintain control accounts for all supplies, materials, and equipment for all departments and agencies except as otherwise provided by law;
(3) Prescribe a financial, accounting, and cost accounting system for state departments and agencies;
(4) Preaudit all state receipts and expenditures;
(5) Prepare financial statements required by the several departments and agencies, by the governor, or by the general assembly;
(6) Approve the orders drawn on the general treasurer; provided, that the preaudit of all expenditures under authority of the legislative department and the judicial department by the state controller shall be purely ministerial, concerned only with the legality of the expenditure and availability of the funds, and in no event shall the state controller interpose his or her judgment regarding the wisdom or expediency of any item or items of expenditure;
(7) Prepare and timely file, on behalf of the state, any and all reports required by the United States, including, but not limited to, the internal revenue service, or required by any department or agency of the state, with respect to the state payroll; and
(8) Prepare a preliminary closing statement for each fiscal year. The controller shall forward the statement to the chairpersons of the house finance committee and the senate finance committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment of the appropriations act, whichever is later. The report shall include but is not limited to:
(i) A report of all revenues received by the state in the completed fiscal year, together with the estimates adopted for that year as contained in the final enacted budget, and together with all deviations between estimated revenues and actual collections. The report shall also include cash collections and accrual adjustments;
(ii) A comparison of actual expenditures with each of the actual appropriations, including supplemental appropriations and other adjustments provided for in the Rhode Island General Laws;
(iii) A statement of the opening and closing surplus in the general revenue account; and
(iv) A statement of the opening surplus, activity, and closing surplus in the state budget reserve and cash stabilization account and the state bond capital fund.
(b) The controller shall provide supporting information on revenues, expenditures, capital projects, and debt service upon request of the house finance committee chairperson, senate finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.
(c) Upon issuance of the audited annual financial statement, the controller shall provide a report of the differences between the preliminary financial report and the final report as contained in the audited annual financial statement.
SECTION 7. This article shall take effect upon passage.
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ARTICLE 46
SUBSTITUTE A AS AMENDED
RELATING TO HUMAN SERVICES -- MEDICAL ASSISTANCE -- NURSING
FACILITY RATES
SECTION
1. Section 40-8-19 of the General Laws in Chapter
40-8 entitled "Medical Assistance" is hereby amended to read as
follows:
40-8-19. Rates of payment to nursing facilities. -- (a) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to participate in the title XIX medicaid program for services rendered to medicaid-eligible residents, shall be reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. section 1396a(a)(13). The department of human services shall promulgate or modify the principles of reimbursement for nursing facilities currently in effect on July 1, 2003 to be consistent with the provisions of this section and title XIX, 42 U.S.C. section 1396 et seq., of the Social Security Act.
(b) Rate reform. - Subject to the phase-in provisions in subsections (c) and (d) below, the department shall, on or before October 1, 2005, modify the principles of reimbursement for nursing facilities to include the following elements:
(1) Annual base years;
(2) Four (4) cost centers: direct labor, property, other operating, and pass through items;
(3) Re-array of costs of all facilities in the labor and other operating cost centers every three (3) years beginning with calendar year 2002;
(4) A ceiling maximum for allowable costs in the direct labor cost center to be established by the department between one hundred ten percent (110%) and one hundred twenty-five percent (125%) of the median for all facilities for the most recent array year.
(5) A ceiling maximum for allowable costs in the other operating cost center to be established by the department between ninety percent (90%) and one hundred fifteen percent (115%) of the median for all facilities for the most recent array year;
(6) Adjustment of costs and ceiling maximums by the increase in the National Nursing Home Price Index ("NNHPI") for the direct labor cost center and the other operating cost center for year between array years; such adjustments to be applied on October 1st of each year beginning October 1, 2003 for the direct labor cost center and October 1, 2005 for the other operating cost center.
(7) Application of a fair rental value system to be developed by the department for calculating allowable reimbursement for the property cost center;
(8) Such quality of care and cost containment incentives as may be established by departmental regulations.
(c) Phase I Implementation. - The department shall file a state plan amendment with the U.S. Department of Health and Human Services on or before August 1, 2003 to modify the principles of reimbursement for nursing facilities, to be effective on October 1, 2003, or as soon thereafter as is authorized by an approved state plan amendment, to establish the direct labor cost center and the pass through items cost center utilizing calendar year 2002 cost data, and to apply the ceiling maximums in subsections (b)(4) and (b)(5) above. Nursing facilities whose allowable 2002 direct labor costs are below the median in the direct labor cost center may make application to the department for a direct labor cost interim payment adjustment equal to twenty-five percent (25%) of the amount such allowable 2002 direct labor costs are below the median in the direct labor cost center, provided that the interim payment adjustment granted by the department on or after October 1, 2003 must be expended by the facility on expenses allowable within the direct labor cost center, and any portion of the interim payment not expended on allowable direct labor cost center expenses shall be subject to retroactive adjustment and recoupment by the department upon the department's determination of a final direct labor payment adjustment after review of the facility's actual direct labor expenditures. The final direct labor payment adjustment will be included in the facility's October 1, 2004 rate until the facility's next base year.
(d) Phase II
Implementation. - The department shall file a state plan amendment with the
U.S. Department of Health and Human Services to modify the principles of
reimbursement for nursing facilities, to be effective on July September
1, 2004, or as soon thereafter as is authorized by an approved state plan
amendment, to establish a fair rental value system for calculating allowable
reimbursement for the property cost center in accordance with subsection (b)(7)
above; provided, however, that no facility shall receive a payment as of
September 1, 2004 for property-related expenses pursuant to the fair rental
value system that is less than the property-related payment they would have
received for the other property-related (“OPR”) cost center system in effect as
of June 30, 2004.
SECTION 2.
This act shall take effect on July 1, 2004 and any rules or regulations
necessary or advisable to implement the provisions of this article shall be
effective immediately as an emergency rule upon the department’s filing thereof
with the secretary of state as it is hereby found that the current fiscal
crisis in this state has caused an imminent peril to public health, safety and
welfare, and the department is hereby exempted from the requirements of
sections 42-35-3(b) and 42-45-4(b)(2) relating to agency findings of imminent
peril to public health, safety and welfare and filing of statements of the
agency’s reasons thereof.
ARTICLE 47
SUBSTITUTE A AS AMENDED
RELATING TO HOSPITAL EFFICIENCY
SECTION 1.
Chapter 23-17.17 of the General Laws entitled
"Health Care Quality Program" is hereby amended by adding
thereto the following section:
23-17.17-7. Rhode Island Hospital Efficiency,
Leverage and Profitability (RI HELP) program. - - (a) There is
established in the department of health a program to provide state assistance
to those Rhode Island hospitals that have the greatest need for assistance
relative to all hospitals.
(b) Establishment of indices.
Three (3) indices shall be established to determine eligibility of the
program. Using 2003 data as reported in
"The Health of RI's Hospitals (2003)" (Report), each hospital shall
be ranked by each index and any hospital that meets the requirements on at least
two (2) of the three (3) indices shall be eligible to receive assistance. The General Assembly may from time to time
change the year from which data is used to determine eligibility for the RI
HELP program. The three (3) indices are
established as follows:
(1) Efficiency. This
shall be computed by determining the Total Asset Turnover and Fixed Asset
Turnover of each hospital. Any hospital
with a total rating above zero (0) as displayed in the Report, Chart 9, shall
meet the requirements for this index.
(2) Leverage. This
shall be computed by determining the Debt to capitalization ratio and the Debt
Service Coverage ratio for each hospital.
Any hospital with a total rating less than zero (0) as displayed in the Report, Chart 8, shall meet the requirements
for this index.
(3) Profitability. This
shall computed by determining the average Profit Margin for each hospital for
the previous three (3) fiscal years (2001, 2002, 2003). Any hospital with a three (3) year average
rating below negative three percent (-3.0%) as calculated from the data in the
Report, Table 1, shall meet the requirements for this index.
(c) Distribution of funds.
Funds shall be distributed to each eligible hospital on the basis of the
ratio of each eligible hospital's inpatient discharges in 2003 to the sum of
all eligible hospitals' inpatient discharges in 2003.
(d) Appropriation of funds.
Funds for this program are subject to appropriation by the General
Assembly, and may be ratably reduced at any time the General Assembly
determines that insufficient funding is available to pay the full amount due to
all hospitals that are determined to be eligible for assistance under this
program. The budget appropriation for
FY 2005 is set at two million three hundred thousand dollars ($2, 300,000).
(e) Payments. Payments shall be made to eligible hospitals on or before December 31 of each year that funds are appropriated for this program by the General Assembly.
SECTION 2. This Article shall take effect on July 1,
2004.
ARTICLE 48 SUBSTITUTE A
Relating To Effective Date
This act shall take effect upon passage, except as otherwise provided herein.