Chapter 05-117
2005 -- H 5270
SUBSTITUTE A AS
AMENDED
Enacted
06/30/05
A N A C T
MAKING
APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30,
2006
Introduced By: Representatives Watson, Mumford, Long, Gorham,
and Savage
Date Introduced: February 01, 2005
It is
enacted by the General Assembly as follows:
ARTICLE 1 RELATING TO MAKING
APPROPRIATIONS IN SUPPORT OF FY 2006
ARTICLE 2 RELATING TO BORROWING IN
ANTICIPATION OF RECEIPTS FROM TAXES
ARTICLE 3 RELATING TO UNCLASSIFIED SERVICE
ARTICLE 4 RELATING TO PROPERTY TAX RELIEF
ARTICLE 5 RELATING TO MAKING REVISED
APPROPRIATIONS IN SUPPORT OF FY 2005
ARTICLE 6 RELATING TO CAPITAL DEVELOPMENT
PROGRAM
ARTICLE 7 RELATING
TO RETIREMENT SYSTEM
ARTICLE 8 RELATING TO GENERAL PUBLIC
ASSISTANCE – HARDSHIPCONTINGENCY FUND
ARTICLE 9 RELATING TO HOSPITAL
UNCOMPENSATED CARE
ARTICLE 10 RELATING TO HUMAN SERVICES – CHILD
CARE STATE SUBSIDIES
ARTICLE 11 RELATING TO STATE AID
ARTICLE 12 RELATING TO HUMAN SERVICES –
FAMILY INDEPENDENCE ACT
ARTICLE 13 RELATING TO EDUCATION
ARTICLE 14 RELATING TO REGISTRATION OF
NURSING ASSISTANTS
ARTICLE 15 RELATING TO CHILD SUPPORT
ENFORCEMENT
ARTICLE 16 RELATING TO TAXATION
ARTICLE 17 RELATING TO MOTOR VEHICLE EXCISE
TAX
ARTICLE 18 RELATING TO RESOURCE RECOVERY
CORPORATION
ARTICLE 19 RELATING TO AUTOMOBILE BODY REPAIR
SHOPS
ARTICLE 20 RELATING TO NATIONAL GUARD
ARTICLE 21 RELATING TO COMPENSATION OF BOARD
MEMBERS
ARTICLE 22 RELATING TO RESTRICTED RECEIPT
ACCOUNTS
ARTICLE 23 RELATING TO HEALTH CARE QUALITY
PROGRAM
ARTICLE 24 RELATING TO MOTOR VEHICLE
REGISTRATION AND OPERATOR LICENSE FEES
ARTICLE 25 RELATING TO COURT COLLECTIONS
ARTICLE 26 RELATING TO LICENSING OF HOSPITAL
FACILITIES
ARTICLE 27 RELATING TO HISTORIC TAX CREDIT
PROCESSING FEE
ARTICLE 28 RELATING
TO PHARMACEUTICAL ASSISTANCE TO THE ELDERLY
ARTICLE 29 RELATING TO THE STATE WARRANT SQUAD
ARTICLE 30 RELATING TO EFFECTIVE DATE
ARTICLE 1 SUBSTITUTE A AS AMENDED
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2006
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, 2006.
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 1,775,142
Federal
Funds 323,069
Restricted
Receipts 99,807
Total
- Central Management 2,198,018
Legal
Services General
Revenues 2,163,909
Accounts
and Control General Revenues 4,264,946
Budgeting General Revenues 3,057,986
Purchasing
General Revenues 2,102,230
Auditing General Revenues 1,801,761
Human
Resources General
Revenues 6,554,273
Personnel
Appeal Board General
Revenues 93,666
Taxation
General
Revenues 18,223,648
Federal
Funds 1,093,904
Restricted
Receipts 837,732
Intermodal
Surface Transportation Funds
Motor
Fuel Tax Evasion Program 56,487
Temporary
Disability Insurance 805,858
Total
- Taxation
21,017,629
Registry
of Motor Vehicles
General
Revenues 16,381,072
Federal
Funds 246,798
Restricted
Receipts 17,166
Total
– Registry of Motor Vehicles 16,645,036
Facilities
Management
General
Revenues 11,197,657
Federal
Funds 17,070,908
Restricted
Receipts 1,522,448
Total
– Facilities Management 29,791,013
Capital
Projects and Property Management General Revenues 2,737,301
Information
Technology General
Revenues 2,470,752
Library
and Information Services
General
Revenues 1,007,261
Federal
Funds 1,396,535
Restricted
Receipts 8,000
Total
– Library and Information
Services 2,411,796
Planning
General
Revenues 1,684,772
Federal
Funds 5,045,062
Intermodal
Surface Transportation Funds
Federal
Highway - PL Systems Planning 1,477,838
Air
Quality Modeling 20,800
Total
- Planning 8,228,472
Security
Services General Revenues 17,022,922
General
General
Revenues
Information
Processing Overhead 870,000
Miscellaneous
Grants 355,000
Property
Tax Relief 10,000,000
Torts
– Court Awards 400,000
Rhode
Island Sports Foundation 300,000
Contingency
Fund 1,500,000
State
Employees/Teachers Retiree Health
Subsidy 7,850,206
Economic
Development Corporation 7,326,287
Economic
Policy Council 300,000
Centers
of Excellence 3,000,000
Housing
Resources Commission 3,629,496
Motor
Vehicle Excise Tax Payment
112,285,745
Property
Valuation 1,000,000
General
Revenue Sharing Program 65,347,910
Payment
in Lieu of Tax Exempt Properties 26,975,194
Distressed
Communities Relief Program 9,966,667
Resource
Sharing and State Library Aid 8,441,076
Library
Construction Aid 2,651,643
Federal
Funds 255,573
Restricted
Receipts 1,116,850
Rhode
Island Capital Plan Funds
Chapin
Health Laboratory 125,000
Cannon
Building 150,000
Veterans
Auditorium 1,150,000
Old
State House 398,700
State
Office Building 500,000
Veterans’
Office Building 350,000
Old
Colony House 200,000
Washington
County Government Center
50,000
State
House Renovations – Phase II
1,000,000
Powers
Building Technology Infrastructure 450,000
Environmental
Compliance 300,000
Fox
Point Hurricane Barrier 50,000
Cranston
St. Armory Exterior 500,000
William
Powers Building 500,000
Eisenhower
House 50,000
Fire
Code Compliance State Buildings
1,000,000
Lead
Mitigation Group Homes 250,000
Elderly
Affairs One Stop Elder Center 25,000
McCoy
Stadium
1,480,000
Provided
that no expenditures can be made for the McCoy Stadium capital project without
the state of Rhode Island obtaining a minimum five (5) year lease extension for
the stadium.
Total
- General 272,100,347
Debt
Service Payments
General
Revenues
83,189,918
Federal
Funds 1,123,536
Restricted
Receipts 6,648,590
Rhode
Island Capital Plan Funds
MHRH
Community Services Program 5,750,722
MHRH
Community Mental
Health Program 2,246,987
DEM
– Narragansett Bay Commission 1,973,944
DEM
– Debt Service – CWFA 2,797,577
DEM
– Debt Service – Recreation 10,232,831
DEM
– Debt Service –
Wastewater Treatment 4,162,000
DEM
– Hazardous Waste 1,115,646
RIPTA
– Water Resources Board 2,156,936
URI
GO Debt Service 5,643,500
RIC 514,787
CCRI
GO Debt Service 1,438,040
DOA
– Third Rail Project –
Quonset Point 1,367,030
Intermodal
Surface Transportation Funds
RIPTA
Debt Service 685,240
Transportation
Debt Service 31,596,609
Temporary
Disability Insurance Fund
RIRBA
- DLT – Temporary Disability
Insurance 45,586
COPS - DLT Building – TDI 362,820
Reed
Act Funds - COPS – DLT Building 36,990
University
and College Funds
URI
Education and General 1,088,999
URI
Housing Loan Funds 1,751,951
URI
Dining Services 266,889
URI
Health Services 126,218
W.
Alton Jones Services 112,766
URI
Memorial Union 98,277
URI
Sponsored Research
(Indirect Cost) 101,334
RIC
Education and General 296,614
RIC
Housing 568,191
RIC
Student Center and Dining 177,951
RIC
Student Union 217,171
CCRI
Bookstore 177,092
Total
- Debt Service Payments 168,072,742
Retirement
Alternative
General
Revenues (1,658,427)
Federal
Funds (666,889)
Restricted
Receipts (105,391)
Other
Funds (302,821)
Total
– Retirement Alternative (2,733,528)
Pay Plan
Reserve General
Revenues 33,000,000
Grand Total
– Administration 593,001,271
Business
Regulation
Central
Management General
Revenues 1,733,036
Banking
Regulation General
Revenues 1,758,524
Securities
Regulation General
Revenues 817,326
Commercial
Licensing and Regulation
General
Revenues 1,253,819
Restricted
Receipts 100,000
Total
- Commercial Licensing and
Regulation 1,353,819
Racing
and Athletics General
Revenues 417,172
Insurance
Regulation
General
Revenues 4,415,873
Restricted
Receipts 708,362
Total
- Insurance Regulation 5,124,235
Board
of Accountancy General
Revenues 139,494
Grand
Total - Business Regulation 11,343,606
Labor
and Training
Central
Management
General
Revenues 423,321
Restricted
Receipts 836,481
Total
- Central Management 1,259,802
Workforce
Development Services
General Revenues 673,000
Federal
Funds 14,134,648
Restricted
Receipts 7,963,073
Reed
Act Funds
Rapid
Job Entry 1,650,413
Workforce
Development 5,534,438
Of
the $7.2 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; and $5.6 million may be used solely
for the administration of this state’s unemployment compensation law and public
employment service offices.
Total
- Workforce Development Services 29,955,572
Workforce
Regulation and Safety General
Revenues 3,076,120
Income
Support
General
Revenues 2,941,805
Federal
Funds 14,434,496
Restricted
Receipts 1,771,717
Temporary
Disability Insurance Fund 177,569,683
Employment
Security Fund 204,500,000
Total
- Income Support 401,217,701
Injured
Workers Services Restricted
Receipts 10,113,250
Labor
Relations Board General
Revenues 327,624
Grand
Total - Labor and Training 445,950,069
Legislature
General
Revenues 28,956,307
Restricted
Receipts 1,272,479
Grand
Total - Legislature 30,228,786
Lieutenant
Governor General Revenues 917,362
Secretary
of State
Administration
General Revenues 1,614,280
Corporations
General Revenues 1,554,819
State
Archives
General
Revenues 95,950
Restricted
Receipts 485,628
Total
- State Archives 581,578
Elections
General
Revenues 379,685
Federal
Funds 981,955
Total
- Elections 1,361,640
State
Library General
Revenues 698,938
Office
of Civics and Public Information General Revenues 455,798
Grand
Total - State 6,267,053
General
Treasurer
Treasury
General
Revenues 2,587,681
Federal
Funds 269,067
Restricted
Receipts 10,000
Temporary
Disability Insurance Fund 274,710
Total
– Treasury 3,141,458
State
Retirement System
State
Employees' Retirement
Administrative
Expenses - State
Retirement System 4,521,572
Retirement
- Treasury Investment
Operations 703,192
Total
- State Retirement System 5,224,764
Unclaimed
Property Restricted
Receipts 18,394,382
RI
Refunding Bond Authority General
Revenues 53,011
Crime
Victim Compensation Program
General
Revenues 257,980
Federal
Funds 1,230,172
Restricted
Receipts 1,744,101
Total
- Crime Victim Compensation
Program 3,232,253
Grand
Total - General Treasurer 30,045,868
Boards
for Design Professionals General
Revenues 359,516
Board
of Elections
General
Revenues 1,421,683
Federal
Funds 1,086,873
Grand
Total - Board of Elections 2,508,556
Rhode
Island Ethics Commission General
Revenues 1,207,394
Office
of Governor
General
Revenues 4,530,495
Intermodal
Surface Transportation Funds 76,187
Grand
Total – Office of the Governor 4,606,682
Public
Utilities Commission
General
Revenues 710,111
Federal
Funds 75,437
Restricted
Receipts 5,634,792
Grand
Total - Public Utilities Commission 6,420,340
Rhode
Island Commission on Women General
Revenues 86,557
Children,
Youth, and Families
Central
Management
General
Revenues 8,238,151
Federal
Funds 3,997,779
Total
- Central Management 12,235,930
Children's
Behavioral Health Services
General
Revenues 30,777,152
Federal
Funds 31,564,022
Rhode
Island Capital Plan Funds –
Groden
Center – Mt. Hope 79,660
Total
- Children's Behavioral Health
Services 62,420,834
Juvenile
Correctional Services
General
Revenues 30,019,893
Federal
Funds 2,918,837
Restricted
Receipts 4,500
Rhode
Island Capital Plan Funds
Girls
Facility – Training School 1,275,000
Community
Facilities –
Training School 725,000
NAFI
Center 50,000
Total
- Juvenile Correctional Services 34,993,230
Child
Welfare
General
Revenues 95,443,297
Federal
Funds 71,290,686
Restricted
Receipts 1,623,901
Rhode
Island Capital Plan Funds – Fire Code Upgrades 500,000
Total
- Child Welfare 168,857,884
Higher
Education Incentive Grants General
Revenues 200,000
Grand
Total - Children, Youth, and
Families 278,707,878
Elderly
Affairs
General
Revenues
General
Revenues 15,436,299
RIPAE 5,656,668
Safety
and Care of the Elderly 600
Federal
Funds 13,910,687
Restricted
Receipts 3,325,000
Intermodal
Surface Transportation Funds 4,760,000
Grand Total - Elderly Affairs 43,089,254
Health
Central
Management
General
Revenues 7,066,701
Federal
Funds 4,291,813
Restricted
Receipts 3,795,332
Total
- Central Management 15,153,846
State
Medical Examiner
General
Revenues 1,830,258
Federal
Funds 137,846
Total
- State Medical Examiner 1,968,104
Family
Health
General
Revenues 2,213,925
Federal
Funds 30,854,716
Restricted
Receipts 5,707,238
Total
- Family Health 38,775,879
Health
Services Regulation
General
Revenues 4,962,160
Federal
Funds 5,730,052
Restricted
Receipts 380,453
Total
- Health Services Regulation 11,072,665
Environmental
Health
General
Revenues 4,696,140
Federal
Funds 4,415,280
Restricted
Receipts 1,606,049
Total
- Environmental Health 10,717,469
Health
Laboratories
General
Revenues 6,000,295
Federal
Funds 1,986,255
Total
- Health Laboratories 7,986,550
Disease
Prevention and Control
General
Revenues 5,059,834
Federal
Funds 19,386,915
Restricted
Receipts 91,000
National
Highway Traffic Safety Funds
Child
Safety Program 87,076
Walkable
Communities Initiative 28,000
Total
- Disease Prevention and Control 24,652,825
Grand
Total - Health 110,327,338
Human
Services
Central
Management
General
Revenues 8,889,833
Federal
Funds 6,649,429
Restricted
Receipts 2,710,000
Total
- Central Management 18,249,262
Child
Support Enforcement
General
Revenues 3,463,716
Federal
Funds 6,997,863
Total
– Child Support Enforcement 10,461,579
Individual
and Family Support
General
Revenues 22,791,531
Federal
Funds 54,905,850
Restricted
Receipts 88,625
Rhode
Island Capital Plan Funds – Blind
Vending 50,000
Total
- Individual and Family Support 77,836,006
Veterans'
Affairs
General
Revenues 17,891,642
Federal
Funds 6,958,291
Restricted
Receipts 2,398,295
Total
- Veterans' Affairs 27,248,228
Health
Care Quality, Financing and Purchasing
General
Revenues 29,542,024
Federal
Funds 43,427,720
Restricted
Receipts 400,702
Total
- Health Care Quality, Financing
& Purchasing 73,370,446
Medical
Benefits
General
Revenues
Hospitals 113,645,903
Nursing
Facilities 137,117,647
Managed
Care 199,614,408
Special Education 16,631,706
Pharmacy 67,453,544
Other 62,855,309
Federal
Funds
Hospitals 133,566,006
Nursing
Facilities 165,492,754
Managed
Care 245,193,520
Special
Education 20,068,294
Pharmacy 80,340,270
Other 77,982,175
Restricted
Receipts 15,000
Total
- Medical Benefits 1,319,976,536
Supplemental
Security Income Program General
Revenues 28,195,198
Family
Independence Program
General
Revenues
Child
Care 48,725,584
TANF/Family
Independence Program 13,316,549
Federal
Funds 82,864,462
Total
- Family Independence Program 144,906,595
State
Funded Programs
General
Revenues
General
Public Assistance 3,014,942
Citizenship
Participation Program 50,000
Federal
Funds 78,578,921
Total
- State Funded Programs 81,643,863
Grand
Total - Human Services
1,781,887,713
Mental
Health, Retardation, and Hospitals
Central
Management General
Revenues 2,448,761
Hospital
and Community System Support
General
Revenues 22,883,374
Rhode
Island Capital Plan Funds
Utilities
Upgrade 500,000
Medical
Center Rehabilitation 400,000
Utility
Systems - Water Tanks
and Pipes 250,000
Central
Power Plant Rehabilitation 100,000
Community
Facilities Fire Code 1,500,000
Pastore Center Fire
Code Compliance 500,000
Total
- Hospital and Community
System Support 26,133,374
Services
for the Developmentally Disabled
General
Revenues 110,527,346
Federal
Funds 134,325,661
Rhode
Island Capital Plan Funds
MR/DD
Residential Development 1,250,000
Regional
Center Repair/Rehabilitation 281,261
MR
Community Facilities 1,250,000
Total
- Services for the Developmentally
Disabled 247,634,268
Integrated
Mental Health Services
General
Revenues 41,367,980
Federal
Funds 37,848,505
Total
- Integrated Mental Health Services 79,216,485
Hospital
and Community Rehabilitation Services
General
Revenues 47,515,173
Federal
Funds 55,069,510
Rhode
Island Capital Plan Funds - Zambarano
Buildings and
Utilities 180,000
Total
- Hospital and Community
Rehabilitation Services 102,764,683
Substance
Abuse
General
Revenues 15,313,055
Federal
Funds 14,941,629
Restricted
Receipts 100,000
Rhode
Island Capital Plan Funds - Asset Protection 200,000
Total
- Substance Abuse 30,554,684
Grand
Total - Mental Health,
Retardation, and
Hospitals 488,752,255
Office
of the Child Advocate
General
Revenues 498,621
Federal
Funds 48,060
Grand
Total - Child Advocate 546,681
Commission
on the Deaf and Hard of Hearing
General
Revenues 307,606
Federal
Funds 45,336
Grand
Total - Commission on the
Deaf and Hard of Hearing 352,942
RI
Developmental Disabilities Council Federal Funds 511,924
Governor's
Commission on Disabilities
General
Revenues 531,409
Federal
Funds 116,928
Restricted
Receipts 63,605
Rhode
Island Capital Plan Funds -Facility Renovation –
Handicapped Accessibility 200,000
Grand
Total - Governor's Commission
on Disabilities 911,942
Commission
for Human Rights
General
Revenues 979,397
Federal
Funds 269,705
Grand
Total - Commission for Human
Rights 1,249,102
Mental
Health Advocate General
Revenues 351,329
Elementary
and Secondary Education
Administration
of the Comprehensive Education Strategy
General
Revenues 20,204,757
Federal
Funds 174,784,555
Restricted
Receipts 2,797,497
University
and College Funds – Vision Services 140,000
Total
– Administration of the Comprehensive
Education Strategy 197,926,809
Davies
Career and Technical School
General
Revenues 12,810,692
Federal
Funds 1,359,370
Restricted
Receipts 2,000
Rhode
Island Capital Plan Funds - Davies HVAC 137,280
Total
- Davies Career and Technical
School 14,309,342
RI
School for the Deaf
General
Revenues 5,981,028
Federal
Funds 382,065
Rhode
Island Capital Plan Funds –
School
for the Deaf Planning Funds 200,000
Total
- RI School for the Deaf 6,563,093
Metropolitan
Career and Technical School General
Revenues 8,814,530
Education
Aid
General
Revenues 642,631,258
Federal
Funds 2,240,868
Restricted
Receipts 2,059,733
Total
– Education Aid 646,931,859
Central
Falls School District General
Revenues 41,240,904
Housing
Aid General Revenues 47,172,045
Teachers’
Retirement General
Revenues 58,632,638
Grand
Total - Elementary and Secondary
Education 1,021,591,220
Public
Higher Education
Board
of Governors/Office of Higher Education
General Revenues 7,314,286
Federal
Funds 3,085,532
Total
– Board of Governors/Office of
Higher Education 10,399,818
University
of Rhode Island
General Revenues 84,303,400
University
and College Funds 360,396,663
Rhode
Island Capital Plan Funds
Asset
Protection 5,200,000
Independence
Hall 2,600,000
Superfund 1,756,250
Total
– University of Rhode Island 454,256,313
Rhode
Island College
General Revenues 44,980,878
University
and College Funds 68,837,183
Rhode
Island Capital Plan Funds - Asset
Protection 1,650,000
Total
– Rhode Island College 115,468,061
Community
College of Rhode Island
General
Revenues 45,770,273
Restricted
Receipts 607,689
University
and College Funds 54,924,341
Rhode
Island Capital Plan Funds - Asset Protection 1,050,000
Total
– Community College of Rhode Island 102,352,303
Grand
Total – Public Higher Education 682,476,495
RI
State Council on the Arts
General
Revenues
Operating
Support 1,411,498
Grants 1,212,423
Federal
Funds 758,437
Restricted
Receipts 600,000
Grand
Total - RI State Council on the Arts 3,982,358
RI
Atomic Energy Commission
General
Revenues 765,890
Federal
Funds 325,000
University
and College Funds - URI Sponsored Research 157,049
Grand
Total - RI Atomic Energy
Commission 1,247,939
RI
Higher Education Assistance Authority
General
Revenues
Needs
Based Grants and Work
Opportunities 8,922,769
Authority
Operations and Other Grants 977,653
Federal
Funds 12,390,339
Tuition
Savings Program - Administration 6,398,486
Grand
Total - Higher Education
Assistance Authority 28,689,247
RI
Historical Preservation and Heritage Commission
General
Revenues 1,410,602
Federal
Funds 583,881
Restricted
Receipts 236,662
Grand
Total - RI Historical Pres.
and Heritage Comm. 2,231,145
RI
Public Telecommunications Authority
General
Revenues 1,285,906
Corporation
for Public Broadcasting Funds 756,911
Grand
Total - Public Telecommunications
Authority 2,042,817
Attorney
General
Criminal
General
Revenues 11,762,923
Federal
Funds 1,034,894
Restricted
Receipts 360,199
Total
- Criminal 13,158,016
Civil
General
Revenues 3,672,422
Restricted
Receipts 501,733
Total
- Civil 4,174,155
Bureau
of Criminal Identification
General
Revenues 849,017
Federal
Funds 123,650
Total
- Bureau of Criminal Identification 9 72,667
General
General
Revenues 1,946,801
Rhode
Island Capital Plan Funds - Building Renovations and
Repairs 271,000
Total
- General 2,217,801
Grand
Total - Attorney General 20,522,639
Corrections
Central
Management
General
Revenues 10,422,167
Federal
Funds 399,595
Total
- Central Management 10,821,762
Parole
Board
General
Revenues 1,140,970
Federal
Funds 33,000
Total
- Parole Board 1,173,970
Institutional
Corrections
General
Revenues 123,003,047
Federal
Funds 7,126,791
Rhode
Island Capital Plan Funds
Perimeter/Security
Upgrades 83,198
Fire
Code Safety Improvements 200,000
Security
Camera Installation 400,000
Reintegration
Center State Match 390,000
General
Renovations – Maximum 550,000
General
Renovations – Women’s 1,000,000
Women’s
Bathroom Renovations 450,000
Bernadette
Guay Bldg. Roof 200,000
Heating
and Temperature Control 342,000
Medium
HVAC Renovations 31,000
Minimum
– Infrastructure Improvement 100,000
High
– Infrastructure Improvements 200,000
Medium
– Price –
Window/HVAC Renovations 215,000
MIS/Admin.
Units Relocation 50,000
Total
- Institutional Corrections 134,341,036
Community
Corrections
General
Revenues 12,372,991
Federal
Funds 1,914,414
Total
– Community Corrections 14,287,405
Grand
Total - Corrections 160,624,173
Judiciary
Supreme
Court
General
Revenues
General
Revenues 21,602,151
Defense
of Indigents 3,016,818
Federal
Funds 185,399
Restricted
Receipts 960,921
Rhode
Island Capital Plan Funds
Blackstone
Valley Courthouse Study 100,000
McGrath
Judicial Complex – Int./Exterior 125,000
Judicial
HVAC 475,000
Licht
Window Restoration 550,000
Total
- Supreme Court 27,015,289
Superior
Court
General
Revenues 18,138,389
Federal
Funds 567,518
Total
- Superior Court 18,705,907
Family
Court
General
Revenues 13,917,290
Federal
Funds 2,376,178
Restricted
Receipts 142,010
Total
- Family Court 16,435,478
District
Court General Revenues 8,650,732
Traffic
Tribunal General
Revenues 6,862,587
Workers'
Compensation Court Restricted
Receipts 6,287,111
Grand
Total – Judiciary 83,957,104
Military
Staff
National
Guard
General
Revenues 1,759,766
Federal
Funds 6,804,799
Restricted
Receipts 145,000
Rhode
Island Capital Plan Funds
Command
Readiness Center - HVAC 12,500
Command
Readiness Center - Roof 30,000
Benefit
Street Arsenal Rehabilitation 225,695
Schofield
Armory Rehabilitation 200,000
Combine
Support Maintenance Shop 25,000
Army
Aviation Support Facility 25,000
AMC
Roof Replacement 50,000
State
Armories Fire Code Comp. 106,250
Federal
Armories Fire Code Comp. 46,875
Logistics/Maintenance
Facilities
Fire Code Comp. 37,505
Camp
Fogarty Training Site 40,000
Total
- National Guard 9,508,390
Emergency
Management
General
Revenues 572,047
Federal
Funds 19,675,832
Restricted
Receipts 276,429
Total
- Emergency Management 20,524,308
Grand
Total - Military Staff 30,032,698
E-911
Emergency Telephone System
General
Revenues 4,170,299
Federal
Funds 219,000
Restricted
Receipts 1,656,924
Grand
Total - E-911 Emergency Telephone
System 6,046,223
Fire
Safety Code Board of Appeal and Review
General
Revenues 266,894
State
Fire Marshal
General
Revenues 2,368,505
Federal
Funds 341,635
DEA
Forfeiture Funds 12,599
Grand
Total - State Fire Marshal 2,722,739
Commission
on Judicial Tenure and Discipline
General
Revenues 106,650
Rhode
Island Justice Commission
General
Revenues 253,085
Federal
Funds 5,451,607
Restricted
Receipts 30,000
Grand
Total - Rhode Island Justice
Commission 5,734,692
Municipal
Police Training Academy
General
Revenues 373,710
Federal
Funds 30,000
Grand
Total - Municipal Police Training
Academy 403,710
State
Police
General
Revenues 45,368,538
Federal
Funds 1,979,224
Restricted
Receipts 301,100
Rhode
Island Capital Plan Funds - Headquarters Repairs/
Renovations Roof 100,000
Traffic
Enforcement - Municipal Training 87,922
Lottery
Commission Assistance 140,991
Road
Construction Reimbursement 2,366,598
Grand
Total - State Police 50,344,373
Office
of Public Defender
General
Revenues 7,757,125
Federal
Funds 237,847
Grand
Total - Office of Public Defender 7,994,972
Environmental
Management
Office
of the Director
General
Revenues 7,309,360
Federal
Funds 1,276,863
Restricted
Receipts 1,734,107
Total
– Office of the Director 10,320,330
Natural
Resources
General
Revenues 17,073,559
Federal
Funds 16,606,512
Restricted
Receipts 3,485,157
DOT
Recreational Projects 25,234
Blackstone
Bikepath Design 1,295,257
Rhode
Island Capital Plan Funds
Dam
Repair 739,550
Recreational
Facilities Improvement 500,000
Fort
Adams Rehabilitation 250,000
Great
Swamp Management Area 100,000
Jamestown
Fishing Pier 250,000
Wickford
Marine Facility 550,000
Galilee
Piers Upgrade 200,000
Newport Piers 100,000
Total
- Natural Resources 41,175,269
Environmental
Protection
General
Revenues 11,413,541
Federal
Funds 12,306,963
Restricted
Receipts 5,175,024
Total
- Environmental Protection 28,895,528
Grand
Total - Environmental Management 80,391,127
Coastal
Resources Management Council
General
Revenues 1,580,355
Federal
Funds 1,753,000
Restricted
Receipts 805,733
Grand
Total - Coastal Resources
Management Council 4,139,088
State
Water Resources Board
General
Revenues 1,845,239
Federal
Funds 500,000
Restricted
Receipts 338,899
Rhode
Island Capital Plan Funds
Big
River Management Area 119,312
Grand
Total - State Water Resources
Board 2,803,450
Transportation
Central
Management
Federal
Funds 9,608,487
Intermodal
Surface Transportation Funds 3,613,697
Total
- Central Management 13,222,184
Management
and Budget Intermodal
Surface
Transportation
Funds 2,067,463
Infrastructure
– Engineering – Garvee/Motor Fuel Tax Bonds
Federal
Funds 198,244,033
Restricted
Receipts 6,000
Intermodal
Surface Transportation Funds 50,814,802
Land
Sale Revenue 4,000,000
State
Infrastructure Bank 1,000,000
Rhode
Island Capital Plan Funds - RIPTA Land
and Buildings 250,000
Total
- Infrastructure – Engineering –
Garvee/Motor Fuel Tax Bonds 254,314,835
Infrastructure
Maintenance
Intermodal
Surface Transportation Funds 42,259,025
Outdoor
Advertising 60,565
Total
- Infrastructure Maintenance 42,319,590
Grand
Total - Transportation 311,924,072
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.
(a) The general assembly authorizes the state controller to establish the
internal service accounts shown below, and no other, to finance and account for
the operations of state agencies that provide services to other state agencies,
institutions and other governmental units on a cost reimbursed basis. The
purpose of these accounts is to ensure that certain activities are managed in a
businesslike manner, promote efficient use of services by making agencies pay
the full costs associated with providing the services, and allocate the costs
of central administrative services across all fund types, so that federal and
other nongeneral fund programs share in the costs of general government
support. The controller is authorized to reimburse these accounts for the cost
of work or services performed for any other department or agency subject to the
following expenditure limitations:
Account Expenditure
Limit
State
Assessed Fringe Benefit Internal Service Account 34,134,366
Administration
Central Utilities Internal Service Account 18,
281,440
State
Information Processing Internal Service Account 15,055,779
State
Central Mail Internal Service Account 5,198,540
State
Telecommunications Internal Service Account 2,639,558
State
Automotive Fleet Internal Service Account 13,463,673
State
Surplus Property Internal Service Account 35,000
Capital
Police Internal Service Account 479,359
MHRH
Central Pharmacy Internal Service Account 10,297,692
MHRH
Laundry Services Internal Service Account 1,299,417
Corrections
General Services & Warehouse Internal Service Account
6,161,370
Corrections
Howard Center Telephone Operations Internal Service Acct. 890,536
Correctional
Industries Internal Service Account 6,508,643
Secretary
of State Record Center Internal Service Account 1,099,918
(b) The Governor shall include as
part of the FY 2007 budget, a description of these accounts, their purposes,
and the efficacy of continuing them.
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, 2006.
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, 2006.
SECTION 9.
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 1,200.4
Business Regulation 110.0
Labor and Training 512.7
Legislature 289.0
Office of the Lieutenant Governor 10.0
Office of the Secretary of State 59.0
Office of the General Treasurer 87.5
Boards for Design Professionals 4.0
Board of Elections 15.0
Rhode Island Ethics Commission 12.0
Office of the Governor 48.5
Public Utilities Commission 46.0
Rhode Island Commission on Women 1.0
Children, Youth, and Families 849.8
Elderly Affairs 52.0
Health 499.4
Human Services 1,174.4
Mental Health, Retardation, and Hospitals 1,992.7
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
Office of the Mental Health Advocate 3.7
Elementary and Secondary Education 339.1
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 2,561.6
Provided that 602.0 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island College 941.2
Provided that 82.0 of the total authorization would be available only for positions that are supported by third-party funds.
Community College of Rhode Island 848.9
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 8.0
RI Atomic Energy Commission 8.6
Higher Education Assistance Authority 46.0
Historical Preservation and Heritage Commission 17.6
Public Telecommunications Authority 22.0
Office of the Attorney General 234.5
Corrections 1,589.0
Judiciary 742.0
Military Staff 103.0
E-911 Emergency Telephone System 53.6
Fire Safety Code Bd. of Appeal and Review 3.0
RI State Fire Marshal 38.0
Commission on Judicial Tenure and Discipline 1.0
Rhode Island Justice Commission 9.0
Municipal Police Training Academy 4.0
State Police 282.0
Office of the Public Defender 93.5
Environmental Management 531.3
Coastal Resources Management Council 30.0
State Water Resources Board 9.0
Transportation 810.7
Total 16,349.1
SECTION 10.
The amounts reflected in this Article include the appropriation of Rhode Island
Capital Plan funds for fiscal year 2006 and supersede appropriations provided
for FY 2006 within Section 11 of Article 1 of Chapter 596 of the P.L. of 2004.
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, 2007, June 30, 2008, June 30, 2009, and June 30, 2010. These amounts supersede appropriations provided within Section 11 of Article 1 of Chapter 596 of the P.L. of 2004. 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.
Fiscal Year Fiscal Year Fiscal Year Fiscal Year
Ending Ending Ending Ending
Project June 30, 2007 June 30, 2008 June 30, 2009 June 30, 2010
RICAP – State House
Renovations – Phase II 1,000,000 645,000 - -
RICAP – Elderly Affairs-
One
Stop Elderly Center 500,000 2,625,000 1,050,000 -
RICAP – DCYF Training
School – Girls Facility 1,400,000 1,765,850 - -
RICAP – DCYF Training
School – Com. Centers 3,500,000 4,400,000 600,000 1,396,075
RICAP – Davies Career &
Tech School – HVAC 188,760 176,225 - -
RICAP – URI
Asset Protection 3,990,000 4,189,500 4,398,975 4,618,924
RICAP – RIC
Asset Protection 1,732,500 1,819,125 1,910,081 2,005,585
RICAP – CCRI
Asset Protection 1,102,500 1,157,625 1,215,506 1,276,282
RICAP – URI Independence
Hall 1,200,000 - - -
RICAP – URI Lippitt
Hall 3,500,000 - - -
RICAP – DOC Heating &
Temperature Control 839,000 - - -
RICAP – DOC High
Security Infrastructure 415,000 737,000 143,000 -
RICAP – DOC Medium
HVAC 654,000 - - -
RICAP – DOC Medium II
Windows and HVAC 430,000 650,000 155,000 -
RICAP – DOC Minimum
Infrastructure 300,000 300,000 300,000 300,000
RICAP – DOC MIS
Relocation 451,017 1,050,000 903,998 548,730
RICAP – DOC
Reintegration Center 2,215,674 - - -
RICAP – DOC Women’s
Plumbing/Bathroom
Ren. 350,000 - - -
RICAP – DOC Women’s
Roof, Masonry, & Gen 1,000,000 600,000 - -
RICAP – Bernadette
Guay Building 623,000 347,000 230,000 -
RICAP – Judicial Black-
Stone Valley Court Study 50,000 - - -
RICAP – Judicial Licht
Window Restoration 150,000 - - -
RICAP – AMC Roof
Replacement 200,000 800,000 900,000 750,000
RICAP – DEM Bay Islands
Park System - - 1,140,261 926,100
RICAP – DEM Dam Repair 300,000 1,475,000 750,000 1,025,000
RICAP – DEM Jamestown
Fishing Pier 500,000 - - -
SECTION 11. Reappropriation
of Funding for Rhode Island Capital Plan Fund Projects. - Any unexpended and unencumbered funds in excess of
$100 from Rhode Island Capital Plan Fund project appropriations shall be
reappropriated in the ensuing fiscal year and made available for the same
purpose.
SECTION 12. 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 five hundred
thousand dollars ($4,500,000) on June 30, 2006.
SECTION 13.
Notwithstanding any provisions of Chapter 12.9 in Title 46 of the Rhode Island
General Laws, the Underground Storage Tank Financial Responsibility Fund Review
Board shall transfer to the State Controller the sum of two million
($2,000,000) on June 30, 2006.
SECTION 14.
The Governor is authorized to allocate the general revenues contained in this
article for the Pay Plan Reserve, provided that these funds may be used solely
for implementing adjustments to state pay plans. The Governor is authorized to
increase the expenditures from federal funds, restricted receipts, and other
funds as necessary to implement the adjustments.
SECTION 15.
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, 2005, 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, 2006
Elementary & Secondary Education Ch. 136-P.L. of 1994 $965,000 June 30, 2007
R.I. Water Pollution Revolving Ch. 238-P.L. of 1988 as $9,000,000 June 30, 2010
Loan And Trust Fund amended by Ch. 303-P.L.
of 1989 and Ch. 434-P.L.
of 1990
Higher Education Ch. 31-P.L. of 1998 $4,435,000 June 30, 2006
Pawtuxet River – NBC Reallocation Ch. 434 – P.L. of 1990 $995,000 June 30, 2007
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 16.
Funds included in the appropriations in section 1 for a provider rate increase
of 2.2 percent for services provided after January 1, 2006 by private community
based organizations for the following: state contracted children's residential
programs for whom the rates are set by the department of children, youth and
families; substance abuse treatment and prevention, and mental treatment
services contracted by the department of children, youth and families; licensed
adult day care and licensed home care services financed by the department of
elderly affairs; licensed providers for adults with developmental disabilities
services including group and individual living situations, vocational training
and placement, rehabilitation services and supported employment, licensed
substance abuse and mental health services financed by the department of mental
health, retardation and hospitals; and, mental health, substance abuse,
licensed adult day care and licensed home health providers financed by the
department of human services.
SECTION 17.
Section 15 of this article shall take effect on June 30, 2005 and the remainder
of this article shall take effect on July 1, 2005.
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, 2006, 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), 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, 2006 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 Unclassified Service
SECTION
1. Section 36-4-2 of the General Laws in Chapter 36-4
entitled "Merit System" is hereby amended to read as follows:
36-4-2. Positions in unclassified service. -- The classified service shall comprise all positions in the state service now existing or hereinafter established, except the following specific positions which with other positions heretofore or hereinafter specifically exempted by legislative act shall constitute the unclassified service:
(1) Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.
(2) Employees of both houses of the general assembly.
(3) Officers, secretaries, and employees of the office of the governor, office of the lieutenant governor, department of state, department of the attorney general, and the treasury department.
(4) Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.
(5) The following specific offices:
(i) In the department of administration: director, chief information officer;
(ii) In the department of business regulation: director;
(iii) In the department of elementary and secondary education: commissioner of elementary and secondary education;
(iv) In the department of higher education: commissioner of higher education;
(v) In the department of health: director;
(vi) In the department of labor and training: director, administrative assistant, administrator of the labor board and legal counsel to the labor board;
(vii) In the department of environmental management: director;
(viii) In the department of transportation: director;
(ix) In the department of human services: director;
(x) In the state properties committee: secretary;
(xi) In the workers' compensation court: judges, administrator, deputy administrator, clerk, assistant clerk, clerk secretary;
(xii) In the department of elderly affairs: director;
(xiii) In the department of mental health, retardation, and hospitals: director;
(xiv) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;
(xv) In the department of children, youth and families: director, one assistant director, one associate director, and one executive director;
(xvi) In the public utilities commission: public utilities administrator;
(xvii) In the water resources board: general manager;
(xviii) In the human resources investment council: executive director.
(6) Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.
(7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.
(8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.
(9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for elementary and secondary education and the board of governors for higher education.
(10) Members of the military or naval forces, when entering or while engaged in the military or naval service.
(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, the traffic tribunal, jurors and any persons appointed by any court.
(12) Election officials and employees.
(13) Administrator, executive high sheriff, sheriffs, chief deputy sheriffs, deputy sheriffs, and other employees of the sheriff's division within the department of administration and security officers of the traffic tribunal.
(14) Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.
(15) (i) Persons employed to make or conduct a temporary and special inquiry, investigation, project or examination on behalf of the legislature or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.
(ii) The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the unclassified pay plan board. The unclassified pay plan board may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.
(16) Members of the division of state police.
(17) Executive secretary of the Blackstone Valley district commission.
(18) Artist and curator of state owned art objects.
(19) Mental health advocate.
(20) Child advocate.
(21) The position of aquaculture coordinator and dredge coordinator within the coastal resources management council.
(22) Employees of the office of the
health insurance commissioner.
SECTION
2. This article shall take effect upon passage.
ARTICLE 4 SUBSTITUTE A AS AMENDED
RELATING TO PROPERTY TAX RELIEF
SECTION 1. Section 44-33-2.1 of the General Laws in Chapter 44-33 entitled “Property Tax Relief” is hereby amended to read as follows:
44-33-2.1. Property tax relief – Limitation. – Property tax relief. – (a)
Appropriations from the general fund for property tax relief provided by this
chapter shall be in the amount of six million dollars ($6,000,000) for fiscal
year 1998-1999 and for each subsequent
fiscal year.
(b)(a) A claimant sixty-five (65) years of age or
older, and/or disabled during any portion of the year for which the claim was
filed shall be paid in full upon receipt of his or her claim for relief under this
chapter.
(c)(b) The tax administrator shall not pay any
claims to claimants who were under sixty-five (65) years of age or not disabled
on the last day of the taxable year for which the claim is made until the total
amount of all timely-filed claims has been paid under subsection (b)(a) of
this section. This The balance of funds
appropriated shall be determined as of June 30 annually less the sum
of fifty thousand dollars ($50,000) annually for payment of late-filed claims
approved by the tax administrator under § 44-33-18.
(d)(c) If insufficient funds exist as of June 30
annually to pay the full amount of all claims of persons under sixty-five (65)
years of age and/or not disabled on the last day of the taxable year for which
the claim is made, the tax administrator shall make payments to each claimant
proportionately. No payment shall exceed one hundred percent (100%) of the
amount of the claim.
(e)(d) Late-filed claims approved under § 44-33-18
for claimants sixty-five (65) years of age or older and/or disabled are paid in
full upon receipt of his or her claim for relief under this chapter. Late-filed
claims approved under § 44-33-18 for claimants under sixty-five (65) years of
age and/or not disabled are paid at the same percentage as determined under
subsection (d)(c)
of this section.
SECTION 2. This article shall take effect as of July 1, 2005.
ARTICLE 5 SUBSTITUTE A
RELATING TO MAKING REVISED 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 42-41 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
2005 FY 2005 FY 2005
Enacted Change Final
Administration
Central
Management
General
Revenues 3,820,003 1,632,455 5,452,458
Federal
Funds 280,705 42,189 322,894
Restricted
Receipts 0 28,334 28,334
Total
- Central Management 4,100,708 1,702,978 5,803,686
Accounts
and Control General Revenues 4,004,758 6,637 4,011,395
Budgeting
General Revenues 2,349,275 73,868 2,423,143
Municipal
Affairs
General
Revenues 1,188,426 (169,324) 1,019,102
Federal
Funds 9,966,039 (2,025,585) 7,940,454
Total
- Municipal Affairs 11,154,465 (2,194,909) 8,959,556
Purchasing General Revenues 2,015,876 8,634 2,024,510
Auditing
General Revenues 1,690,061 (28,419) 1,661,642
Human
Resources
General
Revenues 6,882,631 (533,680) 6,348,951
Federal
Funds 0 85,051 85,051
Other
Funds 0 8,087 8,087
Total
- Human Resources 6,882,631 (440,542) 6,442,089
Personnel
Appeal Board General
Revenues 117,622 (24,254) 93,368
Taxation
Other
Funds
Motor
Fuel Tax Evasion Program 56,487 0 56,487
Temporary
Disability Insurance 756,775 (20,966) 735,809
General
Revenues 17,684,104 (33,970) 17,650,134
Federal
Funds 1,027,275 (28,386) 998,889
Restricted
Receipts 1,109,092 (37,901) 1,071,191
Total
– Taxation 20,633,733 (121,223) 20,512,510
Registry
of Motor Vehicles
General
Revenues 15,354,008 915,522 16,269,530
Federal
Funds 28,826 660,351 689,177
Restricted
Receipts 14,255 (741) 13,514
Total
– Registry of Motor
Vehicles 15,397,089 1,575,132 16,972,221
Child
Support Enforcement
General
Revenues 3,309,006 (26,583) 3,282,423
Federal
Funds 6,655,612 (96,539) 6,559,073
Total
- Child Support
Enforcement 9,964,618 (123,122) 9,841,496
Central
Services
General
Revenues
General
Revenues 11,622,086 740,516 12,362,602
Energy
Office Grants 662,515 237,485 900,000
Renewable
Energy Program 400,000 2,600,000 3,000,000
Federal
Funds 18,069,352 (562,737) 17,506,615
Restricted
Receipts 776,577 122,161 898,738
Total
- Central Services 31,530,530 3,137,425 34,667,955
Office
of Library and Information Services
General
Revenues 4,453,301 409,218 4,862,519
Federal
Funds 1,287,901 1,031,819 2,319,720
Restricted
Receipts 5,000 3,000 8,000
Other
Funds
Federal
Highway - PL Systems Planning 997,220 21,820 1,019,040
Air
Quality Modeling 17,459 0 17,459
Total
- Office of Library
and Information Services 6,760,881 1,465,857 8,226,738
General
General
Revenues
Information
Processing Overhead 680,000 0 680,000
Miscellaneous
Grants 1,018,200 65,000 1,083,200
Property
Tax Relief Credit 6,000,000 0 6,000,000
Shepard
Building Operating/Parking 1,970,331 105,500 2,075,831
Rhode
Island Sports Foundation 550,000 0 550,000
Asset
Inventory Project 150,000 0 150,000
Select
Commission on Race and
Community
Relations 0 78,000 78,000
Torts
– Courts 400,000 0 400,000
Contingency
Fund 0 647,542 647,542
Masonic
Temple 0 500,000 500,000
State
Employees/Teachers Retiree
Health 5,644,039 797,572 6,441,611
Economic
Development Corporation 6,820,287 12,500 6,832,787
Office
of City & Town Development
– EDC 375,000 0 375,000
EPScore
-EDC 1,500,000 (1,500,000) 0
Centers
of Excellence 3,000,000 0 3,000,000
Economic
Policy Council 300,000 0 300,000
Housing
Resources Commission 3,260,147 261,453 3,521,600
Neighborhood
Opportunities Program 5,000,000 0 5,000,000
Motor
Vehicle Excise Tax Payment 104,987,142 0 104,987,142
Property
Valuation 860,656 0 860,656
General
Revenue Sharing Program 52,438,532 0 52,438,532
Payment
in Lieu of Tax Exempt
Properties 22,716,117 0 22,716,117
Distressed
Communities Relief
Program 8,533,333 1,000,000 9,533,333
Resource
Sharing and State Library
Aid 8,091,959 (7,143) 8,084,816
Library
Construction Aid 2,621,329 (79,844) 2,541,485
Federal
Funds 0 402,487 402,487
Restricted
Receipts 1,125,983 (450) 1,125,533
Other
Funds
RICAP
- State House Terrace/South
Stairs 150,000 183,274 333,274
RICAP
- Chapin Health Laboratory 150,000 (66,691) 83,309
RICAP
- Cranston Street Armory 1,000,000 (54,458) 945,542
RICAP
- Cannon Building 0 101,335 101,335
RICAP
– Old State House 300,000 (275,000) 25,000
RICAP
- State Office Building 0 215,072 215,072
RICAP
– Veterans' Office Building 150,000 144,331 294,331
RICAP
– State Information Operations Center 0 15,000 15,000
RICAP
– Old Colony House 0 73,940 73,940
RICAP
- Court Buildings – HVAC 100,000 (100,000) 0
RICAP
- Washington County
Government
Center 215,000 36,269 251,269
RICAP
– William Powers
Administration
Building 210,000 (47,425) 162,575
RICAP
- State House Renovations –
Phase
II 325,000 14,219 339,219
RICAP
– State House Renovations –
Phase
III 245,000 200,000 445,000
RICAP
– State House Security 0 5,589 5,589
RICAP
– Powers Building Technology
Infrastructure 200,000 21,761 221,761
RICAP
– Board of Elections Building 0 28,246 28,246
RICAP
– Environmental Compliance 500,000 (36,983) 463,017
RICAP
- Fox Point Hurricane Barrier 50,000 0 50,000
RICAP
– Bio-Tech Training Laboratory 0 200,000 200,000
RICAP
– Pastore Center Sewer
Improvements 1,250,000 650,000 1,900,000
RICAP
– Fire Code Compliance State
Buildings 250,000 (200,000) 50,000
Total
– General 243,138,055 3,391,096 246,529,151
Debt
Service Payments
General
Revenue Debt Service Payments 89,725,442 (4,607,155) 85,118,287
Federal
Funds 1,286,406 69,050 1,355,456
Restricted
Receipts 7,786,896 (1,235,750) 6,551,146
Other
Funds
MHRH
Community Services Program 5,412,502 (106,906) 5,305,596
MHRH
Community Mental Health
Program 2,087,498 287,050 2,374,548
DEM – Narragansett Bay Commission 373,493 0 373,493
DEM
– Wastewater Treatment 4,731,069 (46,066) 4,685,003
DEM
Debt Service – Recreation 6,167,438 (134,078) 6,033,360
RIPTA
Debt Service 623,059 (40,014) 583,045
Transportation
Debt Service 34,569,648 (1,524,690) 33,044,958
RIRBA
- DLT – Temporary
Disability
Insurance 45,586 0 45,586
COPS
- DLT Building – TDI 360,935 1,738 362,673
COPS
– Center General – Furniture –
TDI 19,046 (979) 18,067
COPS
– Pastore Center
Telecommunications – TDI 17,236 146 17,382
COPS
– DLT Building – Reed Act 29,821 7,154 36,975
COPS
– Center General – Furniture –
Reed
Act 5,642 1,361 7,003
COPS
– Pastore Center Telecomm. –
Reed
Act 1,425 347 1,772
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 158,226,595 (7,328,792) 150,897,803
Division
of Sheriffs General
Revenues 13,427,890 23,040 13,450,930
Pay
Plan Reserve General
Revenues 0 10,000,000 10,000,000
Grand
Total – Administration 531,394,787 11,123,406 542,518,193
Business
Regulation
Central
Management General
Revenues 1,686,137 16,406 1,702,543
Banking
Regulation General
Revenues 1,687,281 (12,577) 1,674,704
Securities
Regulation General Revenues 806,336 (16,399) 789,937
Commercial
Licensing and Regulation
General
Revenues 1,206,764 18,366 1,225,130
Restricted
Receipts 100,000 0 100,000
Total
- Commercial Licensing
and Regulation 1,306,764 18,366 1,325,130
Racing
and Athletics General
Revenues 546,145 (72,450) 473,695
Insurance
Regulation
General
Revenues 3,985,206 (486,539) 3,498,667
Restricted
Receipts 529,657 153,234 682,891
Total
- Insurance Regulation 4,514,863 (333,305) 4,181,558
Board
of Accountancy General
Revenues 135,480 676 136,156
Grand
Total - Business
Regulation 10,683,006 (399,283) 10,283,723
Labor
and Training
Central
Management
General
Revenues 272,253 95,983 368,236
Restricted
Receipts 446,311 232,065 678,376
Total
- Central Management 718,564 328,048 1,046,612
Workforce
Development Services
Federal
Funds 14,673,696 2,994,636 17,668,332
Restricted
Receipts 12,960,602 (1,798,501) 11,162,101
Other
Funds
Reed
Act – Rapid Job Entry 1,650,413 0 1,650,413
Reed
Act – netWORKri Office
Renovations 150,000 163,881 313,881
Reed
Act – Workforce Development 5,998,166 (1,220,660) 4,777,506
Of the $6.7 million appropriated from Other 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 $313,881
may be used solely for netWORKri office renovations; and $6.0 $4.8
million may be used solely for the administration of this state’s employment
compensation law and public employment offices.
Total - Workforce
Development
Services 35,432,877 139,356 35,572,233
Workforce
Regulation and Safety General
Revenues 3,398,566 (89,477) 3,309,089
Income
Support
General
Revenues 2,908,229 139,872 3,048,101
Federal
Funds 14,061,495 403,257 14,464,752
Restricted
Receipts 1,378,091 (29,050) 1,349,041
Other
Funds
Temporary
Disability Insurance
Fund 168,309,848 1,607,763 169,917,611
Employment
Security Fund 211,325,000 (8,025,000) 203,300,000
Total
- Income Support 397,982,663 (5,903,158) 392,079,505
Injured
Workers Services Restricted
Receipts 11,232,483 410,301 11,642,784
Labor
Relations Board General
Revenues 342,154 (25,744) 316,410
Grand
Total - Labor and
Training 449,107,307 (5,140,674) 443,966,633
Legislature
General
Revenues 27,576,547 1,808,346 29,384,893
Restricted
Receipts 1,099,365 (774) 1,098,591
Other
Funds 1,500,000 (1,500,000) 0
Grand
Total – Legislature 30,175,912 307,572 30,483,484
Lieutenant
Governor General Revenues 865,343 1,666 867,009
Secretary
of State
Administration General
Revenues 1,504,994 28,801 1,533,795
Corporations
General
Revenues
General
Revenues 1,499,570 4,446 1,504,016
UCC
Automated System 42,000 41,662 83,662
Total
– Corporations 1,541,570 46,108 1,587,678
State
Archives
General
Revenues 97,132 (3,216) 93,916
Restricted
Receipts 523,433 (42,287) 481,146
Total
- State Archives 620,565 (45,503) 575,062
Elections
General
Revenues 743,196 42,670 785,866
Federal
Funds 2,635,250 298,438 2,933,688
Total
– Elections 3,378,446 341,108 3,719,554
State
Library General Revenues 727,344 (17,225) 710,119
Office
of Civics and Public Information General Revenues 427,331 (14,918) 412,413
Grand
Total – State 8,200,250 338,371 8,538,621
General
Treasurer
Treasury
General
Revenues 2,512,566 (14,659) 2,497,907
Federal
Funds 260,709 (4,076) 256,633
Restricted
Receipts 10,000 0 10,000
Other
Funds
Temporary
Disability Insurance Fund 266,131 (2,719) 263,412
Total
– Treasury 3,049,406 (21,454) 3,027,952
State
Retirement System
Other
Funds
Admin
Expenses - State Retirement
System 6,758,560 34,443 6,793,003
Retirement
- Treasury Investment
Operations 686,228 (4,103) 682,125
Total
- State Retirement
System 7,444,788 30,340 7,475,128
Unclaimed
Property Restricted
Receipts 19,561,000 5,738,019 25,299,019
RI
Refunding Bond Authority General
Revenues 72,308 (19,957) 52,351
Crime
Victim Compensation Program
General
Revenues 2,453,083 (1,702,526) 750,557
Federal
Funds 4,111,057 (2,179,614) 1,931,443
Restricted
Receipts 2,800,639 (731,554) 2,069,085
Total
- Crime Victim
Compensation Program 9,364,779 (4,613,694) 4,751,085
Grand
Total – General
Treasurer 39,492,281 1,113,254 40,605,535
Boards
for Design Professionals
General Revenues 413,929 5,004 418,933
Board
of Elections
General
Revenues 1,608,350 (54,830) 1,553,520
Federal
Funds 1,001,828 340,626 1,342,454
Grand
Total - Board of
Elections 2,610,178 285,796 2,895,974
Rhode
Island Ethics Commissions General
Revenues 1,170,328 (42,971) 1,127,357
Office
of Governor General
Revenues 4,345,275 41,859 4,387,134
Public
Utilities Commission
General
Revenues 820,154 (142,413) 677,741
Federal
Funds 73,038 (693) 72,345
Restricted
Receipts 5,338,350 23,029 5,361,379
Grand
Total - Public Utilities
Commission 6,231,542 (120,077) 6,111,465
Rhode
Island Commission on Women General
Revenues 83,639 56 83,695
Children,
Youth, and Families
Central
Management
General
Revenues 7,814,153 (180,271) 7,633,882
Federal
Funds 3,779,826 (42,011) 3,737,815
Total
- Central Management 11,593,979 (222,282) 11,371,697
Children's
Behavioral Health Services
General
Revenues 21,866,852 6,820,901 28,687,753
Federal
Funds 24,102,655 9,321,057 33,423,712
Other
Funds
RICAP
– Spurwink/RI 0 781 781
Total
- Children's Behavioral
Health Services 45,969,507 16,142,739 62,112,246
Juvenile
Correctional Services
General
Revenues 28,553,943 132,652 28,686,595
Federal
Funds 2,759,533 83,039 2,842,572
Restricted
Receipts 6,500 604,923 611,423
Other
Funds
RICAP
– NAFI Center 50,000 (50,000) 0
RICAP
– Training School - Girl’s Facility 0 900,000 900,000
Total
- Juvenile Correctional
Services 31,369,976 1,670,614 33,040,590
Child
Welfare
General
Revenues 85,253,517 4,616,215 89,869,732
Federal
Funds 64,612,054 4,336,405 68,948,459
Restricted
Receipts 1,512,441 96,095 1,608,536
Total
- Child Welfare 151,378,012 9,048,715 160,426,727
Higher
Education Incentive Grants General
Revenues 200,000 0 200,000
Grand
Total - Children, Youth,
and Families 240,511,474 26,639,786 267,151,260
Elderly
Affairs
General
Revenues
General
Revenues 15,242,626 (2,806,317) 12,436,309
RIPAE 14,771,146 (2,979,688) 11,791,458
Safety
and Care of the Elderly 600 0 600
Federal
Funds 12,395,964 1,510,581 13,906,545
Other
Funds Intermodal Surface Transportation
Fund 4,780,000 (80,000) 4,700,000
Grand
Total - Elderly
Affairs 47,190,336 (4,355,424) 42,834,912
Health
Central
Management
General
Revenues 4,676,158 (221,499) 4,454,659
Federal
Funds 5,209,806 (761,241) 4,448,565
Restricted
Receipts 2,924,896 896,925 3,821,821
Total
- Central Management 12,810,860 (85,815) 12,725,045
State
Medical Examiner
General
Revenues 1,826,750 13,011 1,839,761
Federal
Funds 156,535 (18,689) 137,846
Total
- State Medical
Examiner 1,983,285 (5,678) 1,977,607
Family
Health
General
Revenues 2,831,389 6,985 2,838,374
Federal
Funds 32,001,935 (1,214,140) 30,787,795
Restricted
Receipts 5,723,009 (34,504) 5,688,505
Total
- Family Health 40,556,333 (1,241,659) 39,314,674
Health
Services Regulation
General
Revenues 4,618,305 (175,751) 4,442,554
Federal
Funds 5,003,371 968,071 5,971,442
Restricted
Receipts 382,236 (25,877) 356,359
Total
- Health Services
Regulation 10,003,912 766,443 10,770,355
Environmental
Health
General
Revenues 4,429,906 (84,143) 4,345,763
Federal
Funds 4,070,386 1,265,259 5,335,645
Restricted
Receipts 1,439,121 230,016 1,669,137
Total
- Environmental Health 9,939,413 1,411,132 11,350,545
Health
Laboratories
General
Revenues 6,008,168 (108,206) 5,899,962
Federal
Funds 2,293,950 189,961 2,483,911
Total
- Health Laboratories 8,302,118 81,755 8,383,873
Disease
Prevention and Control
General
Revenues
General
Revenues 4,786,122 363,115 5,149,237
Smoking
Cessation 835,002 0 835,002
Federal
Funds 16,138,332 3,366,224 19,504,556
Restricted
Receipts 1,048,821 93,089 1,141,910
Other
Funds
Child
Safety Program 78,979 5,339 84,318
Walkable
Communities Initiative 20,000 8,000 28,000
Total
- Disease Prevention
and Control 22,907,256 3,835,767 26,743,023
Grand
Total – Health 106,503,177 4,761,945 111,265,122
Human
Services
Central
Management
General
Revenues 6,643,017 (213,299) 6,429,718
Federal
Funds 4,320,771 882,862 5,203,633
Restricted
Receipts 2,450,000 (5,863) 2,444,137
Total
- Central Management 13,413,788 663,700 14,077,488
Individual
and Family Support
General
Revenues 21,297,116 (430,421) 20,866,695
Federal
Funds 53,649,189 117,997 53,767,186
Restricted
Receipts 78,661 5,964 84,625
Other
Funds
RICAP
– Benjamin Rush Paving 187,000 (187,000) 0
Total
- Individual and Family
Support 75,211,966 (493,460) 74,718,506
Veterans'
Affairs
General
Revenues 16,783,678 (132,340) 16,651,338
Federal
Funds 6,088,109 119,581 6,207,690
Restricted
Receipts 1,125,300 251,946 1,377,246
Total
- Veterans' Affairs 23,997,087 239,187 24,236,274
Health
Care Quality, Financing and Purchasing
General
Revenues 28,155,875 (594,521) 27,561,354
Federal
Funds 41,755,575 1,588,128 43,343,703
Restricted
Receipts 521,000 (9,000) 512,000
Total
- Health Care Quality,
Financing & Purchasing 70,432,450 984,607 71,417,057
Medical
Benefits
General
Revenues
Hospitals 104,294,973 5,448,745 109,743,718
Nursing
Facilities 136,613,825 (4,929,229) 131,684,596
Managed
Care 174,409,991 (4,164,530) 170,245,461
Special
Education 15,561,000 (756,486) 14,804,514
Other 103,983,202 14,389,378 118,372,580
Federal
Funds
Hospitals 127,536,850 2,119,432 129,656,282
Nursing
Facilities 170,643,461 (6,128,057) 164,515,404
Managed
Care 215,106,833 694,752 215,801,585
Special
Education 19,439,000 (943,514) 18,495,486
Other 130,135,035 17,756,201 147,891,236
Restricted
Receipts 15,000 0 15,000
Total - Medical Benefits 1,197,739,170 23,486,692 1,221,225,862
Supplemental
Security Income Program General
Revenues 27,299,682 114,353 27,414,035
Family
Independence Program
General
Revenues
Child
Care 57,349,929 (1,302,943) 56,046,986
TANF/Family
Independence
Program 11,711,783 2,357,247 14,069,030
Federal
Funds 83,136,653 (280,041) 82,856,612
Total
- Family Independence
Program 152,198,365 774,263 152,972,628
State
Funded Programs
General
Revenues
General
Public Assistance 3,332,171 (485,302) 2,846,869
Citizens
Participation Program 50,000 0 50,000
Federal
Funds 73,485,000 2,427,580 75,912,580
Total
- State Funded
Programs 76,867,171 1,942,278 78,809,449
Grand
Total - Human
Services 1,637,159,679 27,711,620 1,664,871,299
Mental
Health, Retardation, and Hospitals
Central
Management General
Revenues 2,244,163 (125,375) 2,118,788
Hospital
and Community System Support
General
Revenues 22,208,707 2,529,492 24,738,199
Other
Funds
RICAP - Utilities Upgrade 500,000 16,013 516,013
RICAP
- Medical Center Rehabilitation 400,000 70,485 470,485
RICAP
– Utility Systems - Water
Tanks and Pipes 200,000 (102,604) 97,396
RICAP
– Central Power Plant
Rehabilitation 100,000 168,143 268,143
RICAP
– Community Facilities Fire
Code 365,000 (275,000) 90,000
Total
- Hospital and
Community
System Support 23,773,707 2,406,529 26,180,236
Services
for the Developmentally Disabled
General
Revenues 102,063,777 1,115,408 103,179,185
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 in fiscal year
2006.
Federal
Funds 126,971,267 (1,437,955) 125,533,312
Other
Funds
RICAP
– MR/DD Residential
Development 1,500,000 (390,000) 1,110,000
RICAP
– DD State Owned Group
Homes 1,000,000 (4,149) 995,851
Total
- Services for the
Developmentally
Disabled 231,535,044 (716,696) 230,818,348
Integrated
Mental Health Services
General
Revenues 39,474,057 1,507,032 40,981,089
Federal
Funds 36,363,567 1,038,793 37,402,360
Total
- Integrated Mental
Health Services 75,837,624 2,545,825 78,383,449
Hospital
and Community Rehabilitation Services
General
Revenues 45,746,423 58,042 45,804,465
Federal
Funds 55,360,212 (1,188,891) 54,171,321
Other
Funds
RICAP
- Zambarano Buildings
and Utilities 200,000 39,106 239,106
Total
- Hospital and
Community Rehab.
Services 101,306,635 (1,091,743) 100,214,892
Substance
Abuse
General
Revenues 14,566,654 273,213 14,839,867
Federal
Funds 14,233,226 853,542 15,086,768
Restricted
Receipts 75,000 25,000 100,000
Other
Funds
RICAP
- Asset Protection 100,000 4,372 104,372
Total
- Substance Abuse 28,974,880 1,156,127 30,131,007
Grand
Total - Mental Health,
Retardation,
and Hospitals 463,672,053 4,174,667 467,846,720
Office
of the Child Advocate
General
Revenues 501,168 (106,963) 394,205
Federal
Funds 54,172 (20,071) 34,101
Restricted
Receipts 0 1,318 1,318
Grand
Total – Office of the
Child Advocate 555,340 (125,716) 429,624
Commission
on the Deaf and Hard of Hearing
General
Revenues 272,198 26,872 299,070
RI
Developmental Disabilities Council Federal Funds 570,511 (60,729) 509,782
Governor's
Commission on Disabilities
General
Revenues 533,865 (26,486) 507,379
Federal
Funds 180,208 (26,959) 153,249
Restricted
Receipts 35,166 26,447 61,613
Other
Funds
RICAP
– Facility Renovation 200,000 (95,000) 105,000
Grand
Total - Governor's
Commission on Disabilities 949,239 (121,998) 827,241
Commission
for Human Rights
General
Revenues 984,444 3,139 987,583
Federal
Funds 239,300 (25,972) 213,328
Grand
Total - Commission for
Human Rights 1,223,744 (22,833) 1,200,911
Mental
Health Advocate General
Revenues 331,668 2,664 334,332
Elementary
and Secondary Education
Administration
of the Comprehensive Education Strategy
General
Revenues 15,311,591 (148,538) 15,163,053
Federal
Funds 144,764,555 20,010,842 164,775,397
Restricted
Receipts 997,339 211,769 1,209,108
Other
Funds
RICAP
– State Owned Schools Fire
Alarm
Systems 0 142,800 142,800
RICAP
– Chariho Well 0 80,625 80,625
Total
– Administration of the Comprehensive
Education
Strategy 161,073,485 20,297,498 181,370,983
Davies
Career and Technical School
General
Revenues 12,527,365 (366,892) 12,160,473
Federal
Funds 1,149,839 303,951 1,453,790
Restricted
Receipts 25,000 (10,000) 15,000
Other
Funds
RICAP
– Roof 0 437,387 437,387
Total
- Davies Career and
Technical School 13,702,204 364,446 14,066,650
RI
School for the Deaf
General
Revenues 5,699,792 41,997 5,741,789
Federal
Funds 789,972 (380,601) 409,371
Other
Funds
RICAP
– Facility Repairs 110,408 450,742 561,150
Total
- RI School for the
Deaf 6,600,172 112,138 6,712,310
Metropolitan
Career and Technical School
General
Revenues 7,261,970 0 7,261,970
Education Aid
General Revenues 624,404,475 951,325 625,355,800
Federal Funds 578,744 1,883,190 2,461,934
Restricted Receipts 1,968,000 91,733 2,059,733
Total – Education Aid 626,951,219 2,926,248 629,877,467
Central Falls School District
General Revenues 35,991,685 1,812,721 37,804,406
School Housing Aid General Revenues 43,855,701 (1,675,856) 42,179,845
Teacher’s Retirement General Revenues 52,583,171 (4,080,046) 48,503,125
Grand Total - Elementary and Secondary
Education 948,019,607 19,757,149 967,776,756
Public Higher Education
Board of Governors/Office of Higher
Education
General Revenues 5,854,845 37,804 5,892,649
Federal Funds 3,351,931 (46) 3,351,885
Total - Board of Governors/Office
of Higher Education 9,206,776 37,758 9,244,534
University of Rhode Island
General Revenues 81,600,378 240,693 81,841,071
Other Funds
University and College Funds 328,722,654 10,751,802 339,474,456
RICAP – Asset
Protection/Roofs 4,334,000 3,120,792 7,454,792
RICAP – Biological Science Center 200,000 (25,047) 174,953
RICAP – Superfund 0 1,756,250 1,756,250
RICAP- Chafee Hall PCB Abatement 0 48,403 48,403
Total – University of Rhode
Island 414,857,032 15,892,893 430,749,925
Rhode Island College
General Revenues 43,633,200 259,152 43,892,352
Other Funds
University and College Funds 63,036,882 805,915 63,842,797
RICAP – DCYF II 0 433,141 433,141
RICAP-Asset Protection /Roofs 1,773,000 1,101,481 2,874,481
RICAP – Alger Hall 1,164,558 965,428 2,129,986
Total – Rhode Island College 109,607,640 3,565,117 113,172,757
Community College of Rhode Island
General Revenues 43,167,133 (1,351,521) 41,815,612
Restricted Receipts 44,685 538,552 583,237
Other Funds
University and College Funds 49,030,599 1,193,617 50,224,216
RICAP-Asset Protection /Roofs 1,050,000 726,016 1,776,016
RICAP-CCRI Newport Campus 1,544,000 0 1,544,000
Total – Community College
of RI 94,836,417 1,106,664 95,943,081
Grand Total – Public Higher
Education 628,507,865 20,602,432 649,110,297
RI State Council on the Arts
General Revenues
Operating Support 455,538 786,976 1,242,514
Grants 1,986,526 (786,103) 1,200,423
Federal Funds 720,500 (43,998) 676,502
Restricted Receipts 200,000 0 200,000
Grand Total - RI State Council
on the Arts 3,362,564 (43,125) 3,319,439
RI Atomic Energy Commission
General Revenues 727,045 (9,495) 717,550
Federal Funds 325,000 0 325,000
Other Funds
RICAP – Paint Interior Reactor
Building Walls 55,000 0 55,000
URI Sponsored Research 157,168 (10,343) 146,825
Grand Total - RI Atomic Energy
Commission 1,264,213 (19,838) 1,244,375
RI Higher Education Assistance Authority
General Revenues
Needs Based Grants and Work
Opportunities 8,922,769 0 8,922,769
Authority Operations and Other
Grants 1,032,820 1,311 1,034,131
Federal Funds 8,048,830 2,353,081 10,401,911
Other Funds
Tuition Savings Program –
Administration 5,413,273 951,293 6,364,566
Grand Total - Higher Education
Assistance Authority 23,417,692 3,305,685 26,723,377
RI Historical Preservation and Heritage
Commission
General Revenues 1,192,997 29,048 1,222,045
Federal Funds 592,746 9,742 602,488
Restricted Receipts 206,800 12,100 218,900
Grand Total - Historical
Preservation Comm. 1,992,543 50,890 2,043,433
RI Public Telecommunications Authority
General Revenues 1,238,482 (171,230) 1,067,252
Federal Funds 0 360,736 360,736
Other Funds
Corporation for Public Broadcasting 749,428 (28,329) 721,099
RICAP –Digital Conversion 2,800,000 42,311 2,842,311
Grand Total – RI Public
Telecommunications
Authority 4,787,910 203,488 4,991,398
Attorney General
Criminal
General Revenues 11,306,968 (269,686) 11,037,282
Federal Funds 1,334,461 (19,363) 1,315,098
Restricted Receipts 346,136 9,678 355,814
Total – Criminal 12,987,565 (279,371) 12,708,194
Civil
General Revenues 3,455,162 (260) 3,454,902
Federal Funds 76,437 (76,437) 0
Restricted Receipts 456,389 28,409 484,798
Total – Civil 3,987,988 (48,288) 3,939,700
Bureau of Criminal Identification
General Revenues 815,196 (1,381) 813,815
Federal Funds 165,050 214,090 379,140
Total - Bureau of Criminal
Identification 980,246 212,709 1,192,955
General
General Revenues 1,716,836 224,082 1,940,918
Other Funds
RICAP – Building Renovations and
Repairs 397,500 0 397,500
Total – General 2,114,336 224,082 2,338,418
Grand Total - Attorney
General 20,070,135 109,132 20,179,267
Corrections
Central Management
General Revenues 9,933,312 627,585 10,560,897
Federal Funds 0 360,670 360,670
Total - Central Management 9,933,312 988,255 10,921,567
Parole Board
General Revenues 1,062,505 (10,302) 1,052,203
Federal Funds 0 33,408 33,408
Total - Parole Board 1,062,505 23,106 1,085,611
Institutional Custody
General Revenues 124,125,120 390,511 124,515,631
Federal Funds 7,958,153 506,997 8,465,150
Restricted Receipts 136,875 82,848 219,723
Other Funds
RICAP – Perimeter/Security Upgrades 100,000 0 100,000
RICAP - Fire Code Safety
Improvements 500,000 (400,000) 100,000
RICAP - Security Camera Installation 576,728 (273,893) 302,835
RICAP – Reintegration Center State
Match 253,247 (103,247) 150,000
RICAP – General Renovations - Maximum 0 584,386 584,386
RICAP – Dix Expansion State Match 0 6,428 6,428
RICAP – General Renovations –
Women’s 1,000,000 0 1,000,000
RICAP – Women’s Bath Renovations 646,700 (246,700) 400,000
RICAP – Correctional Industries Roof 0 20,751 20,751
RICAP – Bernadette Guay Bldg. Roof 415,000 (400,000) 15,000
RICAP – Heating and Temperature
Control 342,000 (147,000) 195,000
RICAP – Medium HVAC Renovations 31,000 (31,000) 0
Total - Institutional
Custody 136,084,823 (9,919) 136,074,904
Rehabilitative Services
General Revenues 12,329,213 (12,329,213) 0
Federal Funds 1,753,589 (1,753,589) 0
Total – Rehabilitative
Services 14,082,802 (14,082,802) 0
Community Corrections
General Revenues 0 11,177,035 11,177,035
Federal Funds 0 1,981,397 1,981,397
Total – Community Corrections 0 13,158,432 13,158,432
Grand Total – Corrections 161,163,442 77,072 161,240,514
Judiciary
Supreme Court
General Revenues
General Revenues 22,657,579 983,129 23,640,708
Defense of Indigents 2,250,000 322,807 2,572,807
Federal Funds 849,029 249,497 1,098,526
Restricted Receipts 900,949 52,960 953,909
Other Funds
RICAP – Garrahy Judicial Complex –
Lighting/Ceiling 600,000 (600,000) 0
RICAP – Murray Judicial Complex –
Int. Ref 0 22,793 22,793
RICAP – Fogarty Interior/Exterior 0 22,969 22,969
RICAP – Licht Judicial Complex - Foundation 0 35,000 35,000
RICAP – Licht Judicial Complex –
Roof Study 25,000 (25,000) 0
RICAP – McGrath Judicial Complex
Exterior 100,000 325,000 425,000
RICAP – Blackstone Valley Courthouse
Study 300,000 (150,000) 150,000
RICAP – Judicial HVAC 0 196,892 196,892
Total - Supreme Court 27,682,557 1,436,047 29,118,604
Superior Court
General Revenues 17,613,081 (42,764) 17,570,317
Federal Funds 633,327 94,744 728,071
Total - Superior Court 18,246,408 51,980 18,298,388
Family Court
General Revenues 13,889,510 (598,984) 13,290,526
Federal Funds 2,666,077 663,308 3,329,385
Restricted Receipts 148,100 (7,475) 140,625
Total - Family Court 16,703,687 56,849 16,760,536
District Court
General Revenues 8,669,882 (294,180) 8,375,702
Federal Funds 5,000 4,165 9,165
Total - District Court 8,674,882 (290,015) 8,384,867
Traffic Tribunal General Revenues 6,586,787 50,493 6,637,280
Workers' Compensation Court Restricted Receipts 6,124,172 56,183 6,180,355
Grand Total – Judiciary 84,018,493 1,361,537 85,380,030
Military Staff
National Guard
General Revenues 1,631,741 96,642 1,728,383
Federal Funds 8,593,712 (1,641,035) 6,952,677
Other Funds
RICAP – Benefit St. Arsenal
Rehabilitation 200,000 (200,000) 0
RICAP - Schofield Armory
Rehabilitation 100,000 (80,000) 20,000
RICAP - US Property & Finance
Office – HVAC 65,000 41,972 106,972
RICAP – Warwick Armory Boiler 25,000 25,000 50,000
RICAP – North Smithfield Armory 41,250 (41,250) 0
RICAP – AMC – Roof Replacement 50,000 (50,000) 0
RICAP – Camp Fogarty Training Site 50,000 (50,000) 0
RICAP – State Armories Fire Code
Comp 12,500 0 12,500
RICAP – Federal Armories Fire Code
Comp 6,250 18,750 25,000
RICAP – Emergency Operations Center 0 10,000 10,000
RICAP – Logistics/Maintenance Facilities
Fire 6,250 18,750 25,000
Restricted Receipts 0 145,000 145,000
Total - National Guard 10,781,703 (1,706,171) 9,075,532
Emergency Management
General Revenues 544,157 36,300 580,457
Federal Funds 26,450,299 8,090,757 34,541,056
Restricted Receipts 188,157 85,367 273,524
Total - Emergency
Management 27,182,613 8,212,424 35,395,037
Grand Total - Military Staff 37,964,316 6,506,253 44,470,569
E-911 Emergency Telephone System
General Revenues 3,821,407 12,482 3,833,889
Federal Funds 0 136,000 136,000
Restricted Receipts 1,650,016 (115,827) 1,534,189
Grand Total - E-911 Emergency
Telephone System 5,471,423 32,655 5,504,078
Fire Safety Code Board of Appeal and Review
General Revenues 241,338 1,732 243,070
State Fire Marshal
General Revenues 1,977,834 62,371 2,040,205
Federal Funds 408,390 (68,077) 340,313
Other Funds
DEA Forfeiture Funds 20,000 (7,401) 12,599
Grand Total - State Fire
Marshal 2,406,224 (13,107) 2,393,117
Commission on Judicial Tenure and
Discipline
General Revenues 102,842 22,236 125,078
Rhode Island Justice Commission
General Revenues 248,367 5,371 253,738
Federal Funds 5,687,720 96,008 5,783,728
Restricted Receipts 90,000 (60,000) 30,000
Grand Total - Rhode Island
Justice Commission 6,026,087 41,379 6,067,466
Municipal Police Training Academy
General Revenues 361,327 (633) 360,694
Federal Funds 143,000 (13,649) 129,351
Grand Total - Municipal Police
Training Academy 504,327 (14,282) 490,045
State Police
General Revenues 43,012,525 (542,604) 42,469,921
Federal Funds 1,715,334 256,961 1,972,295
Restricted Receipts 298,089 147,179 445,268
Other Funds
RICAP – Barracks and Training
Headquarters 161,000 29,000 190,000
RICAP – Headquarters
Repairs/Renovations 75,000 0 75,000
Traffic Enforcement - Municipal
Training 119,425 (31,503) 87,922
Lottery Commission Assistance 119,079 9,958 129,037
Road Construction Reimbursement 1,587,311 690,317 2,277,628
Grand Total - State Police 47,087,763 559,308 47,647,071
Office of Public Defender
General Revenues 6,852,438 47,214 6,899,652
Federal Funds 419,167 31,726 450,893
Grand Total - Office of Public
Defender 7,271,605 78,940 7,350,545
Environmental Management
Policy and Administration
General Revenues 8,314,846 92,611 8,407,457
Federal Funds 1,991,206 458,728 2,449,934
Restricted Receipts 2,867,879 333,012 3,200,891
Other Funds
DOT Recreational Projects 48,582 (217) 48,365
Blackstone Bikepath Design 1,248,582 0 1,248,582
RICAP - Dam Repair 1,100,000 559,845 1,659,845
Total - Policy and
Administration 15,571,095 1,443,979 17,015,074
Natural Resources
General Revenues 15,417,355 53,344 15,470,699
Federal Funds 13,486,867 2,179,397 15,666,264
Restricted Receipts 3,655,748 157,937 3,813,685
Other Funds
RICAP – Fort Adams Rehabilitation 350,000 0 350,000
RICAP – Recreational Facilities
Improvement 900,000 3,573 903,573
RICAP – Jamestown Fishing Pier 75,000 0 75,000
RICAP – Wickford Marine Facility 200,000 0 200,000
RICAP - Galilee Piers 550,000 962,433 1,512,433
RICAP - Newport Piers 200,000 1,501 201,501
Total - Natural Resources 34,834,970 3,358,185 38,193,155
Environmental Protection
General Revenues 9,012,828 (13,892) 8,998,936
Federal Funds 9,914,944 303,282 10,218,226
Restricted Receipts 4,505,251 (216,693) 4,288,558
Total - Environmental
Protection 23,433,023 72,697 23,505,720
Grand Total - Environmental
Management 73,839,088 4,874,861 78,713,949
Coastal Resources Management Council
General Revenues 1,460,351 3,800 1,464,151
Federal Funds 2,145,000 685,283 2,830,283
Restricted Receipts 250,000 0 250,000
Other Funds – RICAP – Allins Cove 0 50,000 50,000
Grand Total - Coastal Resources
Management Council 3,855,351 739,083 4,594,434
State Water Resources Board
General Revenues 1,229,023 (70,294) 1,158,729
Federal Funds 500,000 0 500,000
Restricted Receipts 495,000 444,134 939,134
Other Funds
RICAP - Big River Management Area 92,075 12,315 104,390
RICAP – Supplemental Water Supplies
Development 400,000 (400,000) 0
Grand Total - State Water
Resources Board 2,716,098 (13,845) 2,702,253
Transportation
Central Management
Federal Funds 8,962,162 (5,352) 8,956,810
Other Funds Gasoline Tax 3,545,484 (44,428) 3,501,056
Total - Central Management 12,507,646 (49,780) 12,457,866
Management and Budget
Other Funds Gasoline Tax 1,945,792 21,902 1,967,694
Infrastructure Maintenance
Other Funds
Gasoline Tax 39,532,934 1,855,777 41,388,711
Outdoor Advertising 60,565 0 60,565
Total - Infrastructure
Maintenance 39,593,499 1,855,777 41,449,276
Infrastructure Engineering – GARVEE/Motor
Fuel Tax Bond
Federal Funds 198,459,292 (34,809) 198,424,483
Restricted Receipts 4,450,023 1,929,828 6,379,851
Other Funds
Gasoline Tax 49,630,584 (3,352,669) 46,277,915
RICAP - RIPTA - Land and Buildings 0 107,306 107,306
RICAP – Pawtucket-Central Falls
Train Station 100,000 0 100,000
Land Sale Revenue 4,000,000 0 4,000,000
State Infrastructure Bank 1,000,000 0 1,000,000
Total - Infrastructure –
Engineering 257,639,899 (1,350,344) 256,289,555
Grand Total –
Transportation 311,686,836 477,555 312,164,391
Statewide Totals
General Revenues 2,937,776,732 28,196,074 2,965,972,806
Federal Funds 1,861,852,808 74,792,473 1,936,645,281
Restricted Receipts 114,139,493 8,906,308 123,045,801
Other Funds 1,045,721,925 12,587,168 1,058,309,093
Statewide Grand Total 5,959,490,958 124,482,023 6,083,972,981
SECTION 2. Each line appearing in Section 1 of this Article shall constitute an appropriation.
SECTION 3. Section 12 of Article 1 of Chapter 595 of the Public Laws of 2004 authorizes the reappropriation of any unexpended funds from the Rhode Island Capital Plan Fund for the purposes for which they were originally appropriated. The amount of $1 reappropriated for the Water Resources Board – Water Allocation Plan are no longer required and are hereby withdrawn and the State Controller is authorized to return these funds to the Rhode Island Capital Plan Fund.
SECTION 4.
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 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, the chairman of the Senate Finance Committee, the House Fiscal
Advisor and the Senate Fiscal Advisor.
Departments and Agencies Full-Time Equivalent
Administration 1,269.2 1.303.2
Business Regulation 111.0 109.0
Labor and Training 536.7 513.7
Legislature 280.0
Office of the Lieutenant Governor 10.0
Office of the Secretary of State 59.0
Office of the General Treasurer 87.5
Boards for Design Professionals 4.0
Board of Elections 15.0
Rhode Island Ethics Commission 12.0
Office of the Governor 47.5
Public Utilities Commission 47.0 46.0
Rhode Island Commission on Women 1.0
Children, Youth, and Families 851.8 849.8
Elderly Affairs 52.0
Health 493.2 497.9
Human Services 1,071.3 1,069.6
Mental Health, Retardation, and Hospitals 1,999.7 1,992.7
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
Office of the 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
part 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 part 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
part funds.
Rhode Island 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
Office of the Attorney General 230.5
Corrections 1,539.0 1,586.0
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 281.0 274.0
Office of the Public Defender 87.2 87.5
Environmental Management 538.7
Coastal Resources Management Council 29.0
State Water Resources Board 9.0
Transportation 815.7 811.7
Total 16,227.2 16,265.5
SECTION 5. The Governor is authorized to
allocate the general revenues contained in Section 1 of this article for the
Pay Plan Reserve, provided that these funds may be used solely for implementing
adjustments to state pay plans, and that any unencumbered balances as of June
30, 2005 shall be reappropriated for the same purpose for FY 2006. The Governor
is authorized to increase the expenditures from federal funds, restricted
receipts, and other funds as necessary to implement the adjustments.
SECTION
6. This article shall take effect upon passage.
ARTICLE 6 SUBSTITUTE A AS AMENDED
RELATING TO CAPITAL DEVELOPMENT PROGRAM
SECTION
1. Sections 35-18-2, 35-18-3 and 35-18-4 of the
General Laws in Chapter 35-18 entitled "Public Corporation Debt Management"
are hereby amended to read as follows:
35-18-2. Definitions. -- The words defined in this section shall have the meanings set forth below whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning:
(1) "Bond" and "obligation" mean an agreement by any person to repay borrowed money.
(2) "Economic development project" means any project which the Rhode Island industrial facilities corporation is authorized to undertake, including, without limitation, a project related to financing the acquisition of any land and any building or other improvement which shall be suitable for manufacturing, warehousing, or other industrial or commercial purposes, including research, production, processing, agricultural, and marine commerce; provided, however, that the project may include, in addition, the construction or improvement of access roads and utilities, but only access roads and utilities, and only those which are necessary for the operation of that project.
(3) "Essential public facilities" means roads, bridges, airports, prisons, reservoirs, waste and wastewater treatment facilities, educational facilities, and any other facilities used by any state agency, department, board, or commission, including the board of governors for higher education, to provide services to the public pursuant to the requirements of state or federal law, all fixtures for any of those facilities and facilities financed or refinanced by bonds or other obligations of the water resources board corporate. It does not include any personal property.
(4) "Financing lease" means an agreement in the form of a lease between the state and any person which provides that upon payment by the state as lessee of aggregate rent equal to no less than all of the principal and interest on bonds or other obligations issued by the lessor to finance the acquisition, construction, or improvement of all or any part of an essential public facility, the state shall have the right to possess, use and enjoy that facility pursuant to the lease for a specified period and the option to purchase that facility for a nominal sum at the end of the period.
(5) "Governor" means the governor of the state.
(6) "Guarantee" and "guarantee lease" mean an agreement on the part of the state to guarantee any liability of a public corporation except a liability of the Rhode Island industrial recreational building authority.
(7) "Moral obligation bonds" mean revenue bonds issued
under section 42-64-18 (as that section was in effect on June 1, 1994) or any
substantially similar provision in the general laws.
(8) "Person" means an individual, partnership, corporation, public corporation, trust, or association.
(9) "Public corporation" means any body corporate and politic created or to be created pursuant to statute, including, without limitation, the Rhode Island industrial recreational building authority, the Rhode Island economic development corporation and any subsidiaries thereof, the Rhode Island industrial facilities corporation, the Rhode Island refunding bond authority, the Rhode Island health and educational building authority, the board of governors for higher education, the Rhode Island housing and mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit authority, the Rhode Island student loan authority, the water resources board corporate, (except as provided below), the Rhode Island health and educational building corporation, the Rhode Island depositors economic protection corporation, the Rhode Island convention center authority, the Rhode Island turnpike and bridge authority, their successors and assigns. Cities, towns, and any corporation created by a city or town pursuant to statute, and fire and water districts, are not public corporations under this chapter. The water resources board corporate is not a public corporation under this chapter to the extent it is financing or refinancing bonds or other obligations on behalf of a city, town, city or town instrumentalities or agencies, or fire or water districts.
(10) "State" means the state of Rhode Island and Providence Plantations, and any department, office, board, commission, or agency of the state.
35-18-3. Approval by the general assembly. -- (a) No elected or appointed state official may enter into any financing lease or into any guarantee with any person without the prior approval of the general assembly unless:
(1) Total payments under the financing lease or guarantee will
not exceed the sum of four million dollars ($4,000,000);
(2) [Expired pursuant to P.L. 1994, ch. 148, section 2.]
(3) The governor certifies that federal funds will be available to make all of the payments which the state is or could be obligated to make under the financing lease or guarantee; or
(4) The general assembly has adjourned for the year with the expectation that it will not meet again until the following year and the governor certifies that action is necessary, because of events occurring after the general assembly has adjourned, to protect the physical integrity of an essential public facility, to ensure the continued delivery of essential public services, or to maintain the credit worthiness of the state in the financial markets.
(b) No bonds may be issued or other obligation incurred by any public corporation to finance, in whole or in part, the construction, acquisition, or improvement of any essential public facility without the prior approval of the general assembly, unless:
(1) Total payments under the bonds or other obligation will not
exceed the sum of four million dollars ($4,000,000);
(2) [Expired pursuant to P.L. 1994, ch. 148, section 2.]
(3) The governor certifies that federal funds will be available to make all of the payments required to be made by the public corporation in connection with the bond or obligation. The certification shall be transmitted to the speaker of the house and the president of the senate with copies to the chairpersons of the respective finance committees and fiscal advisors; or
(4) The general assembly has adjourned for the year with the expectation that it will not meet again until the following year and the governor certifies that action is necessary, because of events occurring after the general assembly has adjourned, to protect the physical integrity of an essential public facility, to ensure the continued delivery of essential public services, or to maintain the credit worthiness of the state in the financial markets. The certification shall be transmitted to the speaker of the house and the president of the senate, with copies to the chairpersons of the respective finance committees and fiscal advisors.
(c) In addition to, and not by way of limitation on, the exemptions provided in subsections (a) and (b), prior approval by the general assembly shall not be required under this chapter for bonds or other obligations issued by, or financing leases or guarantee agreements entered into by:
(1) Any public corporation in connection with the financing of
any economic development project; provided, however, that the outstanding
principal balance of moral obligation bonds issued by all public corporations
in connection with economic development projects shall not exceed at any one
time the sum of two hundred fifty million dollars ($250,000,000); The Rhode Island Industrial Facilities Corporation; provided
financing leases, bonds or other obligations are being issued for an economic
development project;
(2) The Rhode Island clean water finance agency;
(3) The Rhode Island housing and mortgage finance corporation;
(4) The Rhode Island student loan authority;
(5) Any public corporation to refund any bond or other obligation issued by the public corporation to finance the acquisition, construction, or improvement of an essential public facility provided that the governor certifies to the speaker of the house and the president of the senate, with copies to the chairpersons of the respective finance committees and fiscal advisors that the refunding shall provide a net benefit to the issuer; provided, however, obligations of the Rhode Island resource recovery corporation outstanding on July 31, 1999, may be refunded by the issuance of obligations on or before August 1, 1999, and the state through appropriate state and elected officials, including, but not limited to, the attorney general, the director of the department of administration and the chairman of the state properties committee, and the Rhode Island resource recovery corporation may enter into, approve, or extend, any financing lease, guarantee, or guarantee lease similar to the existing lease arrangements between the state and the Rhode Island resource recovery corporation in effect on August 1, 1997, and any financing lease, guarantee, or guarantee lease, or extension thereof, shall be exempt from the provisions of this chapter;
(6) The Narragansett Bay water quality management district commission; and
(7) The Rhode Island health and educational building corporation, except bonds or other obligations issued in connection with the acquisition, construction, or improvement of any facility used by any state agency, department, board, or commission, including the board of governors for higher education, to provide services to the public pursuant to the requirements of state or federal law, and all fixtures for any of those facilities.
(d) Nothing contained in this section applies to any loan authorized to be borrowed under Article VI, section 16 or 17 of the Rhode Island Constitution.
(e) Nothing in this section is intended to expand in any way the borrowing authority of any public corporation under its charter.
(f) (1) Any certification made by the governor under subsection (a), (b), or (c) of this section may be relied upon by any person, including without limitation, bond counsel.
(2) The certifications shall be transmitted to the speaker of the house and the president of the senate with copies to the chairpersons of the respective finance committees and fiscal advisors.
(g) Except as provided for in this chapter, the requirements of this chapter supersede any other special or general provision of law, including any provision which purports to exempt sales or leases between the state and a public corporation from the operation of any law.
35-18-4. Procedure. -- (a) A financing lease, guarantee, bond, or other obligation shall be deemed to have been approved by the general assembly when the general assembly passes a concurrent resolution of approval regarding the financing lease, guarantee, bond, or other obligation which the governor or a public corporation, as the case may be, requests that the financing lease, guarantee, bond, or other obligation be approved by the general assembly. These requests shall be transmitted to the speaker of the house and the president of the senate with copies to the chairpersons of the respective finance committees and fiscal advisors. The request for approval shall include:
(1) A full description of the essential public facility to which the financing lease, guarantee, bond, or other obligation is related;
(2) An explanation as to why the facility is needed and how it will be paid off; and
(3) The maximum possible obligation of the state or of any public corporation under the financing lease, guarantee, bond, or other obligation.
(b) The governor shall provide the general assembly with a timely explanation of any certification made by him or her pursuant to this chapter in connection with any financing lease, guarantee, bond, or other obligation. These explanations shall be transmitted to the speaker of the house and the president of the senate with copies to the chairpersons of the respective finance committees and fiscal advisors. The explanation shall also include:
(1) A full description of the essential public facility to which the financing lease, guarantee, bond, or other obligation is related;
(2) An explanation as to why the facility is needed and how it will be paid off; and
(3) The maximum possible obligation of the state or of any public corporation under the financing lease, guarantee, bond, or other obligation.
(c) The state shall not enter into any financing lease or guarantee relating to, nor shall any public corporation issue any bond or other obligation in connection with, any essential public facility unless the facility conforms to the description included in the request for approval or in the explanation for certification submitted by the governor in connection with the financing lease, guarantee, bond, or other obligation; nor shall the state's obligation in connection with the financing lease, guarantee, bond, or other obligation exceed the amount set forth in the request for approval or explanation of certification.
(d) Immediately following
the first sale of each issue of moral obligation
bonds in connection with the financing of an economic development project, the
governor shall provide the general assembly with copies of any offering
statement for those bonds and his or her analysis of the benefits and risks to
the state of the project. These statements and analyses shall be transmitted to the
speaker of the house and the president of the senate, with copies to the
chairpersons of the respective finance committees and fiscal advisors.
SECTION 2.
Section 42-64-18 of the General Laws in Chapter 42-64 entitled "Rhode
Island Economic Development Corporation" is hereby amended to read as
follows:
42-64-18. Reserve funds and appropriations. -- To assure the continued operation and solvency of the corporation for the carrying out of its corporate purposes:
(1) The corporation may create and establish one or more special funds ("capital reserve funds"), and may pay into each capital reserve fund: (i) any moneys appropriated and made available by the state for the purpose of the fund; (ii) proceeds from the sale of notes or bonds to the extent provided in the resolution or resolutions of the corporation authorizing the issuance thereof; and (iii) any other moneys that may be made available to the corporation for the purpose of that fund from any other source. All moneys held in a capital reserve fund, except as provided, shall be used solely for the payment of the principal of bonds secured in whole or in part by that fund or of the sinking fund payments hereinafter mentioned with respect to the bonds, the purchase or redemption of the bonds, the payment of interest on the bonds or the payment of any redemption premium required to be paid when the bonds are redeemed prior to maturity; provided, that moneys in the fund shall not be withdrawn (except for the purpose of making (with respect to bonds secured in whole or in part by the fund) payment when due of principal, interest, redemption premiums, and the sinking fund payments hereinafter mentioned, for the payment of which other moneys of the corporation are not available) if the withdrawal would reduce the amount of the fund to less than the minimum capital reserve requirement established for the fund as provided in this section. Any income or interest earned by, or incremental to, any capital reserve fund due to the investment of the funds may be transferred by the corporation to other funds or accounts of the corporation if the transfer would not reduce the amount of the capital reserve fund below the minimum capital reserve fund requirement for the fund;
(2) The corporation shall not at any time issue bonds secured in whole or in part by a capital reserve fund if, upon the issuance of the bonds, the outstanding principal balance of such bonds would exceed the sum of two hundred fifty million dollars ($250,000,000), or the amount of the capital reserve fund would be less than the minimum capital reserve required for the fund, unless the corporation, at the time of issuance of the bonds, shall deposit in the fund from the proceeds of the bonds to be issued, or from other sources, an amount that, together with the amount then in the fund, is not less than the minimum capital reserve fund requirement for the fund. For the purpose of this section, the term "minimum capital reserve fund requirement" means, as of any particular date of computation, an amount of money, as provided in the resolution or resolutions of the corporation authorizing the bonds or notes with respect to which the fund is established, equal to not more than the greatest of the respective amounts, for the current or any future fiscal year of the corporation, of annual debt service on the bonds of the corporation secured in whole or in part by the fund, the annual debt service for any fiscal year being the amount of money equal to the sum of: (i) the interest payable during the fiscal year on all bonds secured in whole or in part by the fund outstanding on the date of computation plus; (ii) the principal amount of all the bonds and bond anticipation notes outstanding on the date of computation that mature during the fiscal year; plus (iii) all amounts specified in any resolution of the corporation authorizing the bonds as payable during the fiscal year as a sinking fund payment with respect to any of the bonds that mature after the fiscal year, all calculated on the assumption that the bonds will after the date of computation cease to be outstanding by reason, but only by reason, of the payment of bonds when due and application in accordance with the resolution authorizing those bonds of all of the sinking fund payments payable at or after the date of computation;
(3) In computing the amount of the capital reserve funds for the purpose of this section, securities in which all or a portion of the funds shall be invested, shall be valued as provided in the proceedings under which the bonds are authorized but in no event shall be valued at a value greater than par;
(4) In order further to assure the continued operation and solvency of the corporation for the carrying out of its corporate purposes, the executive director shall annually, on or before December first, make and deliver to the governor a certificate stating the sum, if any, required to restore each capital reserve fund to the minimum capital reserve fund requirement for the fund. During each January session of the general assembly, the governor shall submit to the general assembly printed copies of a budget including the total of the sums, if any, as part of the governor's budget required to restore each capital reserve fund to the minimum capital reserve fund requirement for the fund. All sums appropriated by the general assembly for this purpose, and paid to the corporation, if any, shall be deposited by the corporation in the applicable capital reserve fund;
(5) All amounts paid over to the corporation by the state pursuant to the provisions of this section shall constitute and be accounted for as advances by the state to the corporation and, subject to the rights of the holders of any bonds or notes of the corporation issued before or after, shall be repaid to the state without interest from all available operating revenues of the corporation in excess of amounts required for the payment of bonds, notes, or other obligations of the corporation, the capital reserve funds and operating expenses;
(6) The corporation may create and establish any other fund or funds as may be necessary or desirable for its corporate purposes;
(7) The corporation may by resolution permit the issuance of bonds and notes to carry out the purposes of this chapter without establishing a capital reserve fund pursuant to this section and without complying with the limitations set forth in this section. Bonds and notes issued pursuant to this subdivision may be secured by any other funds or methods as the corporation may in its discretion determine by resolution.
(8) On or before January 1 of each
year, the Rhode Island Economic Development Corporation shall issue a report on
all such bonds issued by the corporations. The report shall include at a minimum
the following: a list of each bond issued; the purpose of each bond issued; the
amount of each bond issued; the amount of principal and interest of each bond
issued paid to date; the outstanding principal balance of each bond issued; and
the total outstanding principal balance of all such bonds issued subject to
this section. The report shall be transmitted to the chairpersons of the house
and senate finance committees, with copies to the house and senate fiscal
advisors.
SECTION 3.
Sections 4 through 11 shall serve as joint resolutions required pursuant to
Rhode Island General Laws section 35-18-1 et seq.
SECTION 4. Neighborhood Opportunities Program.
WHEREAS, The state of Rhode Island has a significant need for affordable housing; and
WHEREAS, These projects will increase the amount of affordable housing and transitional housing services available in the state to its citizens; and
WHEREAS, The State developed and utilized a program in Fiscal Year 2002 that would allow the Neighborhood Opportunities Program 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 (the "Financing"); and
WHEREAS, This financing proposal is a prudent funding mechanism that provides replacement funding for these housing programs and an additional $7,500,000 for the Neighborhood Opportunities Program in Fiscal Year 2006; and
WHEREAS, $7,500,000 of funding for the Neighborhood Opportunities Program will result in creation of over 100 units of affordable housing; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General 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 of certain obligations including financing guarantees or other agreements; and
WHEREAS, This act shall serve as the concurrent resolution of approval required by the Rhode Island Public Corporation Debt Management Act (R.I. General Laws section 35-18-1 et seq.); and
WHEREAS, The project costs associated with the Neighborhood Opportunities Program are estimated to be $7,500,000 in Fiscal Year 2006. The total financing obligation of the state of Rhode Island would be approximately $10.6 million, with $7.5 million deposited in the construction fund provided that up to $0.5 million be made available to pay the associated costs of financing if required. Total payments on the state’s obligation over six (6) years on the $7.5 million issuance are projected to be $10.6 million, assuming an average effective interest rate of 5%. The payments would be financed within the Department of Administration from general revenue appropriations; now, therefore be it
RESOLVED, That providing affordable housing and transitional housing services to the State's population is a priority of this general assembly.
RESOLVED, That this 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 $10.6 million for the provision of funds for the Neighborhood Opportunities Program in Fiscal Year 2006.
RESOLVED, That this Joint Resolution shall take effect immediately upon passage by the General Assembly.
SECTION 5. State
Police and Other Vehicles.
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 one borrowing package rather than
executed on an individual basis with financing companies; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act
(R.I. General Laws Section 35-18-1, et seq.)
requires the general assembly to provide its consent to the issuance of
incurring by the state of Rhode Island and other public agencies of certain
obligations; 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. General Laws Section
35-18-1, et seq.); and
WHEREAS, The state of Rhode Island Department of Administration
desires to enter into financing agreements to finance the purchase of thirty
(30) State Police Trooper vehicles and associated equipment, ten (10) state
Police Detective vehicles and associated equipment, heavy equipment for the
Department of Transportation, and other replacement vehicles for various state
agencies, as required; and
WHEREAS, The Department of Administration estimates that the total
issuance for vehicles and equipment will not exceed $6,000,000, with $5,950,000
deposited in the vehicle fund and $50,000 available to pay the associated costs
of issuance. Total lease payments over a period of three (3) years for State
Police and other vehicles and ten (10) years for transportation heavy equipment
are projected to be $7,072,500, assuming an average coupon of 5%. The lease
payments would be financed within the various general revenue, federal,
restricted, and other fund appropriations available to the respective
departments; 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 $6,000,000 for the purchase of vehicles, heavy
equipment and trucks for fiscal year 2005 and fiscal year 2006.
SECTION 6. Tyler Hall
Addition.
WHEREAS, The University of Rhode Island is proposing a project
which involves the purchase of the former Theta Delta Chi (Beta Psi Alpha
Chapter) fraternity house located at 22 East Alumni Avenue on University-owned
land in Kingston, Rhode Island, the removal of the now vacant building, in
order to permit the construction of a multi-story addition to the adjacent
Tyler Hall building; and
WHEREAS, This new Tyler Hall addition encompassing approximately
eight thousand six hundred (8,600) square feet of building space is proposed to
accommodate the centralized location of the University's information technology
operation, which is presently housed along with the computer equipment
supporting the University's academic and administrative systems in portions of
Tyler Hall and in Lippitt Hall; and
WHEREAS, In accordance with the University's Kingston Campus
Master Plan Lippitt Hall is being dedicated to the Department of Mathematics
and the honors program, placing academic programs on the main quadrangle, and
the design work is underway to define the renovations that will be performed in
that building utilizing previously authorized general obligation bonds for that
purpose; and
WHEREAS, Tyler Hall, with the proposed new addition will be
assigned to the Information Technology and Telecommunications operations and
the Department of Computer Science and Statistics, a compatible, long-term
cohabitation of Tyler Hall; and
WHEREAS, The Beta Psi Alpha Chapter is prepared to sell its former
fraternity house to the University in accordance with the provisions of the
agreement that enabled the financing of the construction and renovation of the
fraternity house; and
WHEREAS, A professional assessment has recommended the acquisition
and removal of the former fraternity house to permit the construction of an
integrated addition to Tyler Hall as the most favorable and efficient long-term
solution versus the option of acquiring and renovating the former fraternity
house; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act
(R.I. General Laws Section 35-18-1, et seq.) required 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; and
WHEREAS, The acquisition and removal of the former fraternity
house and the design, construction, and equipping of this building addition
will be financed through RIHEBC revenue bonds, with an expected term of thirty
(30) years; and
WHEREAS, Debt service payments would be supported by university
general 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 three million two hundred forty
seven thousand dollars ($3,247,000). Total debt service on the bonds is not
expected to exceed two hundred sixty thousand dollars ($260,000) annually and
five million two hundred thousand dollars ($5,200,000) in the aggregate based
on an average interest rate of five percent (5%) and a twenty (20) year
maturity; and be it further
RESOLVED, That this fraternity purchase and Tyler Hall Addition
Project is important to improve and accommodate the daily operations of URI:
and that this general assembly hereby approves financing; and be it further
RESOLVED, That this Joint 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.
SECTION 7.
URI Parking Improvements.
WHEREAS, The University of Rhode Island is proposing a project, which involves the continuation of
construction and reconstruction of paving and landscaping on the University's
campuses, referred to as the "Paving II Project;" and
WHEREAS, The University is responsible for over nine (9) miles of
roads, twenty-five (25) miles of walkways, over seventy-five (75) individual
parking lots with a capacity of over seven thousand six hundred (7,600)
vehicles, and landscaped property extending over some nine hundred (900) acres
developed and improved land over the last century; and
WHEREAS, Significant work has been completed over the past decade
on paved surfaces, but progress must continue to sustain and improve parking
capacity, and the function, condition, and aesthetics of the pavement
infrastructure and landscape elements on the University's campuses; and
WHEREAS, This current project is intended to address improvements
such as the construction, rehabilitation, and reconstruction of parking lots
such as Lower Flagg Road, Plains Road, Fine Arts, Mosby Center, Chafee,
Sherman, and East Lot; road repairs on several major campus arteries, like East
Alumni Avenue, Greenhouse Road, Heathman Road, Upper College Road, and the
causeway approaching the Whispering Pines Conference Center at the W. Alton
Jones Campus in West Greenwich; and landscape improvements and new,
reconfigured and renovated walkways, lighting, and drainage systems; and
WHEREAS, Debt service payments would be supported by University
general 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 two million dollars
($2,000,000). Total debt service on the bonds is not expected to exceed one
hundred sixty thousand dollars ($160,000) annually and three million one
hundred eighty-seven thousand dollars ($3,187,000) in the aggregate based on an
average interest rate of five percent (5%) and a twenty (20) year maturity; and
be it further
RESOLVED, That this Paving II Project is important to improve and
accommodate the daily operations of URI; and that this general assembly hereby
approves financing; and be it further
RESOLVED, That this Joint 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.
SECTION 8.
Warwick Intermodal Train Station Project.
WHEREAS, The general assembly has previously approved the Rhode
Island Economic Development Corporation's issuance of special revenue bonds to
finance the acquisition, construction, furnishing, and equipping of the Warwick
Intermodal Train Station Project; and
WHEREAS, The issuance of the special revenue bonds to finance the
project will not occur on or before June 30, 2005, but will instead be issued
on or before June 30, 2006; and
WHEREAS, The previous resolution in Section 7 of Article 43 of
2004 H-8219 is rescinded and replaced by the authorization contained herein;
and
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 Section
42-64-1 et seq. (as enacted, reenacted and amended, the "Act"); and
WHEREAS, The Article declares, in part, the 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 Article 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 Article 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 Article 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 Article 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 event 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
(1/2) 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 of 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 six percent (6%) for any bonds issued on a federally tax-exempt basis, seven
percent (7%) for any federally taxable bonds, and six percent (6%) for any
amount borrowed through a TIFIA Loan, and a thirty (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 resolutions shall apply to bonds issued on or
before June 30, 2006.
SECTION 9.
Providence Civic Center Project
WHEREAS, The Rhode Island Convention Center Authority (the “Authority”) is a public corporation of the State of Rhode Island (the “State”), constituting a public instrumentality and agency exercising public and essential governmental functions of the State, created by the General Assembly pursuant to Rhode Island General Laws Sections 42-99-1 et seq. (as enacted, reenacted and amended, the “Act”); and
WHEREAS, The State recognizes that there is a serious shortage of suitable facilities for conventions and related exhibition, meeting, banquet, and other facilities customarily incident thereto, in the State; that private enterprise alone is not able to provide the necessary facilities; and it is the policy of the State that the public welfare and the further economic development and the prosperity of the State requires the establishment of these facilities and the financing thereof; and
WHEREAS, The Act provides that the Authority 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 Authority shall have the power to sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets, and to purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in, or obligations of, other domestic or foreign corporations, associations, partnerships or individuals, direct or indirect obligations of the United States or of any other government, state, territory, governmental district or municipality or of any instrumentality thereof; and
WHEREAS, The Act authorizes the Authority to make and enter into all contracts, agreements, and guarantees and incur liabilities, borrow money at those rates of interest that the corporation may determine, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of all or any of its property, franchises, and income, necessary or incidental to the performance of its duties and the execution of its powers; and
WHEREAS, It is contemplated the Authority, the Providence Civic Center Authority, a body corporate and politic of the City, and the City of Providence (the “City”) will enter into an agreement to sell the Providence Civic Center facilities to the Authority; and
WHEREAS, It is contemplated the Authority, the Providence Civic Center Authority and the City will agree that the fair market value of the real estate associated with the Providence Civic Center is $27,500,000 and value of the building for the purposes of that sale shall be $1,000,000; and
WHEREAS, It is contemplated that agreement, among other provisions, will call for the satisfaction by the Providence Civic Center Authority of all its debts and obligations upon the occurrence of the sale and the delivery of the Providence Civic Center by the Providence Civic Center Authority free and clear of all encumbrances; and
WHEREAS, The Authority agrees to undertake the renovation of the Providence Civic Center and the integration of the facility with those of the Authority, which work is estimated to cost $62,000,000; and
WHEREAS, In furtherance of its corporate purposes, the Authority is authorized to issue from time to time its negotiable bonds and notes in one or more series in such principal amounts as shall be necessary to provide sufficient funds for achieving its purposes, including the payment of interest on the bonds and notes of the Authority, the establishment of reserves to secure the bonds and notes, and the making of all other expenditures of the Authority incident to and necessary or convenience to carrying out its purposes and powers; and
WHEREAS, Pursuant to Rhode Island General Laws Sections 35-18-3 and 35-18-4 of the Rhode Island Public Corporation Debt Management Act (as enacted, reenacted and amended, the “Debt Management Act”), the Authority hereby requests the approval of the General Assembly of the Authority’s issuance of not more than $92,500,000 Rhode Island Convention Center Authority Revenue Bonds (the “Bonds”) to be secured in part by a financing lease to be entered into by the State, subject to annual budget appropriation by the General Assembly (the “State Financing Lease”), for the purpose of providing funds to finance the acquisition the real property and improvements constituting the Providence Civic Center in the City, and the renovation, equipping, improvement and redevelopment of that facility, and the costs of issuing and insuring the Bonds (the “Project”); and
WHEREAS, The Project constitutes an essential public facility directly benefiting the City and the State; and
WHEREAS, The Authority is authorized pursuant to Section 42-99-9 of the Act to secure its bonds out of the revenues and receipts derived from the lease, mortgage, or sale by the Corporation of its facilities, or of any part thereof or from any other financing arrangement with respect to that; and
WHEREAS, The State shall directly benefit economically from the Project by the ability of the Authority to attract larger conventions and organized events to the Rhode Island Convention Center through, among other things, increases in sales tax and income tax revenues and the creation of jobs for its residents; and
WHEREAS, The financing of the Project will be accomplished through one or more bond financings by the Authority supported in part by the State Financing Lease; and
WHEREAS, The State Financing Lease shall be for a period not to exceed thirty (30) years; and
WHEREAS, The Authority, through payments to be received from the State under the State Financing Lease, will pay debt service on the Bonds to the extent amounts received from the operations of the Providence Civic Center are insufficient to pay debt service on the Bonds. Therefore, the maximum fiscal year obligation of Authority and the State is the total debt service on the Bonds which is approximately $7,000,000; and
WHEREAS, In the event that not all of the Bond proceeds are used to carry out the specified Project, the Authority will use any remaining funds to pay debt service on the Bonds; now, therefore be it
RESOLVED, That this General Assembly finds that the Project is an essential public facility and is of a type and nature consistent with the purposes and within the powers of the Authority to undertake, and hereby approves the Authority’s issuance of not more than $92,500,000 in Bonds and the State entering into the State Financing Lease to secure the debt service on the Bonds, subject to annual budget appropriation by the General Assembly; and be it further
RESOLVED, That the Bonds will be special obligations of the Authority payable from funds received by the Authority from the operations of the Project and the State Financing Lease. The Authority’s and the State’s maximum liability will be the total debt service on the Bonds, estimated to be $7,000,000 per year or $204,000,000 in the aggregate based on level debt service, an average interest rate of 6.40% and a 30 year maturity; and be it further
RESOLVED, That the Bonds will not constitute indebtedness of the State or any of its subdivisions or a debt for which the full faith and credit of the State or any of its subdivisions is pledged except to the extent that the State appropriates funds for the State Financing Lease subject to annual budget appropriations; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage, provided that the delivery of the Bonds shall be not later than two (2) years from the date of such passage.
SECTION 10. Master Bond
Program for Minority Contractors.
WHEREAS, The Rhode Island Economic Development Corporation (the
"Corporation") is a public instrumentality of the state of Rhode
Island (the "State"), created by the general assembly pursuant to
Rhode Island general laws section 42-64-4 et seq. (as enacted, reenacted, and
amended, the "Act"); and
WHEREAS, The general assembly finds that small businesses are the
backbone of the Rhode Island economy and that the 24,000 small businesses in
Rhode Island are responsible for 196,000 jobs, $16.8 billion in gross state
product, and $41.5 million in state tax revenues; and
WHEREAS, There are a number of private sources of capital
(commercial banks, the Small Business Administration, venture capitalist's and
mezzanine lenders) but gaining access to capital from these sources can be time
consuming and is sometimes unsuccessful; and
WHEREAS, The Corporation currently has a number of programs that
provide assistance to small businesses to gain access to capital, but that in
some cases these programs are outmoded and expensive to access for small
businesses; and
WHEREAS, Minority contractors have traditionally had difficulty
securing bonding for performance of construction contracts; and
WHEREAS, Bonds are required for most contracts but without a
historic track record minority owned businesses have difficulty security the
needed bonds; and
WHEREAS The act also provides that the 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; to sell, convey, mortgage, pledge, lease,
exchange, transfer, and otherwise dispose of all or any part of its property
and assets for any consideration and upon any terms and conditions as the
corporation shall determine; to lend money for its purposes, invest and
reinvest its funds, and at its option to take and hold real and personal
property as security for the payment of funds so loaned or invested; to acquire
or contract to acquire, from any person, firm, corporation, municipality, the
federal government, or the state, or any agency of either the federal
government or the state, by grant, purchase, lease, gift, condemnation, or
otherwise, or to obtain options for the acquisition of any property, real or
personal, improved or unimproved, and interests in land less than the fee
thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to
sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose
or encumber that property for the purposes of carrying out the provisions and
intent of this chapter, for any consideration as the corporation shall
determine; and to be a promoter, partner, member, associate, or manager of any
partnership, enterprise, or venture; and
WHEREAS, The act authorizes the Corporation to make contracts and
guarantees and incur liabilities, borrow money at any rates of interest as the
corporation may determine; to make and execute agreements of lease, conditional
sales contracts, installment sales contracts, loan agreements, mortgages,
construction contracts, operation contracts, and other contracts and
instruments necessary or convenient in the exercise of the powers and functions
of the corporation; and
WHEREAS, Pursuant to Rhode Island general laws sections 35-18-3
and 35-18-4, the Corporation hereby requests the approval of the general
assembly of the Corporations issuance of not more than $3,000,000 to arrange
for a master bond umbrella facility from appropriate bonding or reinsurance
sources (the "Obligations"), and financing capital interest and costs
of issuance; and
WHEREAS, Minority contractors will be encouraged to meet bonding
requirements as sub-participants under this umbrella policy; and
WHEREAS, It is anticipated that contractors will be able to
establish a track record and become bondable on their own within several years;
and
WHEREAS, The Master Bond Program for Contractors will directly
benefit the state; and
WHEREAS, The total obligations related to the program are
anticipated to be $3,000,000; and
WHEREAS, The Corporation is authorized pursuant to section
42-64-18 of the act to create and establish one or more special reserve funds
("capital reserve funds") which fund shall be used solely for the
payment of debt service on any notes or claims against any guarantees; and
WHEREAS, Such capital reserve fund create a moral obligation of
the state; and
WHEREAS, The financing of the program will be accomplished through
a financing or issuance of guarantees by the Corporation supported by a capital
reserve fund pursuant to section 42-64-18 of the act, which shall be funded by
programmatic assessments, holdbacks, or other means; and
WHEREAS, The Corporation, through the use of the capital reserve
fund mechanism under the act, will pay debt service on the obligations to the
extent amounts received from the operations of the fund are insufficient to pay
debt service on the obligations. Therefore, the maximum fiscal year obligation
of Corporation and the state is $679,500;
now, therefore be it
RESOLVED, That this general assembly finds that the program is a
project of a type and nature consistent with the purposes and within the powers
of the Cororation to undertake, and hereby approves its issuance of not more
than $3,000,000 notes and guarantees and the establishment of the capital
reserve fund mechanism for the purposes outlined herein. The notes may be
delivered in a single issuance or in multiple tranches; and be it further
RESOLVED, That the obligations will be special obligations of the
Corporation payable from funds received by it from the operations of the
program and the capital reserve fund. The Corporations and the state's maximum
annual liability will be the maximum annual debt service of approximately $679,500 and the net debt
service over the maximum term of the note of $3,679,500, assuming a five (5)
year term and a five percent (5%) rate of interest; and be it further
RESOLVED, That the obligation will not constitute indebtedness of
the state or any of its subdivisions or a debt for which the full faith and
credit of the state or any of its subdivisions is pledged except to the extent
that the state funds any deficiency in the capital reserve fund in an amount
not to exceed $679,500 per year subject to annual budget appropriations; and be
it further
RESOLVED, That this Joint Resolution shall take effect immediately
upon its passage by this general assembly; provided, that the creation or
issuance of the guarantees shall be not later than twenty-four (24) months from
the date of such passage and the issuance of the notes shall be no later than
five (5) years from the date of such passage.
SECTION 11. Fire Code Loans.
WHEREAS, The Rhode Island Economic Development Corporation (the
"Corporation") is a public instrumentality of the State of Rhode
Island (the "State"), created by the General Assembly pursuant to
Rhode Island General Laws Section 42-64.4 et seq. (as enacted, reenacted, and
amended, the "Act"); and
WHEREAS, The general assembly finds that small businesses are the
backbone of the Rhode Island economy and that the 24,000 small businesses in
Rhode Island are responsible for 196,000 jobs, $16.8 billion in gross state
product, and $41.5 million in state tax revenues; and
WHEREAS, There are a number of private sources of capital but
gaining access to capital from these sources can be time consuming and is
sometimes unsuccessful; and
WHEREAS, The Corporation currently has a number of programs that
provide assistance to small businesses to gain access to capital, but that in
some cases these programs are outmoded and expensive to access for small
businesses; and
WHEREAS, New Fire Codes have put a financial strain on many small
businesses; and
WHEREAS, Existing Corporation loan programs require owner/user
status; and
WHEREAS, Many of the businesses that are being subjected to the
new code requirements are in leased facilities; and
WHEREAS, Protracted negotiations between operator and owner over
who will pay for the upgrades could put the businesses at risk; and
WHEREAS, The act also provides that the 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; to sell, convey, mortgage, pledge, lease,
exchange, transfer, and otherwise dispose of all or any part of its property
and assets for any consideration and upon any terms and conditions as the
corporation shall determine; to lend money for its purposes, invest and
reinvest its funds, and at its option to take and hold real and personal
property as security for the payment of funds so loaned or invested; to acquire
or contract to acquire, from any person, firm, corporation, municipality, the
federal government, or the state, or any agency of either the federal
government or the state, by grant, purchase, lease, gift, condemnation, or
otherwise, or to obtain options for the acquisition of any property, real or
personal, improved or unimproved, and interests in land less than the fee thereof;
and to own, hold, clear, improve, develop, and rehabilitate, and to sell,
assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose or
encumber that property for the purposes of carrying out the provisions and
intent of this chapter, for any consideration as the corporation shall
determine; and to be a promoter, partner, member, associate, or manager of any
partnership, enterprise, or venture; and
WHEREAS, The act authorizes the Corporation to make contracts and
guarantees and incur liabilities, borrow money at any rates of interest as the
corporation may determine; to make and execute agreements of lease, conditional
sales contracts, installment sales contract, loan agreements, mortgages,
construction contracts, operation contracts, and other contracts and
instruments necessary or convenient in the exercise of the powers and functions
of the corporation; and
WHEREAS, Pursuant to Rhode Island General Laws Sections 35-18-3
and 35-18-4, the Corporation hereby requests the approval of the General
Assembly to issue no more than $3,000,000 Rhode Island Economic Development
Corporation Revenue Notes or Guarantees (the "Obligations") for the
purpose of creating a Fire Code Loan Program, and financing capital interest
and costs of issuance; and
WHEREAS, The Corporation proposes making loans directly to the
operators; and
WHEREAS, A new Fire Code Loan Program, which will be allocated
$3,000,000, will provide for loans up to $250,000 per business; and
WHEREAS, The Fire Code Loan Program will borrow from private
lending institutions at one percent (1%) over prime to make loans to small
business operators for upgrades needed in order to comply with new fire codes;
and
WHEREAS, The Fire Code Loan Program will directly benefit the
State; and
WHEREAS, The total obligations related to the Program are
anticipated to be $3,000,000; and
WHEREAS, The Corporation is authorized pursuant to section
42-64-18 of the act to create and establish one or more special reserve funds
("capital reserve funds") which fund shall be used solely for the
payment of debt service on any notes or claims against any guarantees; and
WHEREAS, Such capital reserve funds create a moral obligation of
the state; and
WHEREAS, The financing of the Program will be accomplished through
a financing or issuance of guarantees by the Corporation supported by a capital
reserve fund pursuant to section 42-64-18 of the act, which shall be funded by
programmatic assessments, holdbacks, or other means; and
WHEREAS, The Corporation, through the use of the capital reserve
fund mechanism under the Act, will pay debt service on the obligations to the
extent amounts received from the operations of the fund are insufficient to pay
debt service on the obligations. Therefore, the maximum fiscal year obligation
of the Corporation and the state is $679,500 and the likely maximum fiscal year
obligation should not exceed $297,275; now, therefore be it
RESOLVED, That this general assembly finds that the Program is a
project of a type and nature consistent with the purposes and within the powers
of the Corporation to undertake, and hereby approve the its issuance of not
more than $3,000,000 in notes and guarantees and the establishment of the
capital reserve fund mechanism for the purposes outlined herein. The notes may
be delivered in a single issuance or in multiple tranches; and be it further
RESOLVED, That the obligations will be special obligations of the
Corporation payable from its funds from the operations of the Program and the
capital reserve fund. The Corporation's and the state's maximum annual
liability will be the maximum annual debt service of approximately $679,500 and
the net debt service over the maximum term of the note of $3,679,500, assuming
a five (5) year term and a five percent (5.0%) rate of interest; and be it
further
RESOLVED, That the obligation will not constitute indebtedness of
the state or any of its subdivisions or a debt for which the full faith and
credit of the state or any of its subdivisions is pledged except to the extent that
the state funds any deficiency in the capital reserve fund in an amount not to
exceed $679,500 per year subject to annual budget appropriations; and BE IT FURTHER
RESOLVED, That this Joint Resolution shall take effect immediately
upon its passage by this general assembly; provided, that the creation or
issuance of the guarantees shall be no later than twenty-four (24) months from
the date of such passage and the issuance of the notes shall be no later than
five (5) years from the date of such passage.
SECTION 12. Urban Revitalization Program
WHEREAS, The Rhode Island Economic Development Corporation (the
"Corporation") is a public instrumentality of the State of Rhode
Island (the "State"), created by the General Assembly pursuant to
Rhode Island General Laws Section 42-64.4 et seq. (as enacted, reenacted, and
amended, the "Act"); and
WHEREAS, The general assembly finds that small businesses are the
backbone of the Rhode Island economy and that the 24,000 small businesses in
Rhode Island are responsible for 196,000 jobs, $16.8 billion in gross state
product, and $41.5 million in state tax revenues; and
WHEREAS, There are a number of private sources of capital but
gaining access to capital from these sources can be time consuming and is
sometimes unsuccessful; and
WHEREAS, The Corporation currently has a number of programs that
provide assistance to small businesses to gain access to capital, but that in
some cases these programs are outmoded and expensive to access for small
businesses; and
WHEREAS, Changes in the demographics of Rhode Island's small
business workforce have resulted in a significant number of small businesses
being owned by minorities and women, and these groups particularly need
improved access to capital in order to grow their businesses; and
WHEREAS, The act also provides that the 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; to sell, convey, mortgage, pledge, lease,
exchange, transfer, and otherwise dispose of all or any part of its property
and assets for any consideration and upon any terms and conditions as the
corporation shall determine; to lend money for its purposes, invest and
reinvest its funds, and at its option to take and hold real and personal
property at security for the payment of funds so loaned or invested; to acquire
or contract to acquire, from any person, firm, corporation, municipality, the
federal government, or the state, or any agency of either the federal
government or the state, by grant, purchase, lease, gift, condemnation, or
otherwise, or to obtain options for the acquisition of any property, real or
personal, improved or unimproved, and interests in land less than the fee
thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to
sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose
or encumber that property for the purposes of carrying out the provisions and
intent of this chapter, for any consideration as the corporation shall
determine; and to be a promoter, partner, member, associate, or manager of any
partnership, enterprise, or venture; and
WHEREAS, The act authorizes the Corporation to make contracts and
guarantees and incur liabilities,
borrow money at any rates of interest as the corporation may determine;
to make and execute agreements of lease, conditional sales contracts,
installment sales contracts, loan agreements, mortgages, construction
contracts, operation contracts, and other contracts and instruments necessary
or convenient in the exercise of the powers and functions of the corporation;
and
WHEREAS, Pursuant to Rhode Island general laws sections 35-18-3
and 35-18-4, the Corporation hereby requests the approval of the general
assembly of the Corporation's issuance of not more than $2,000,000 Rhode Island
Economic Development Corporation Revenue Notes or Guarantees (the
"Obligations"') for the purpose of revitalizing commercial projects
in urban areas and financing capital interest and costs of issuance; and
WHEREAS, The Corporation will make up to $2,000,000 available to
The Urban Revitalization Fund; and
WHEREAS, These funds are to be used strictly as a line of credit
to fund loans for urban revitalization projects and may not be used for overhead; and
WHEREAS, The program will directly benefit the state; and
WHEREAS, The total obligations related to the program are
anticipated to be $2,000,000; and
WHEREAS, The Corporation is authorized pursuant to section
42-64-18 of the act to create and establish one or more special reserve funds
("capital reserve funds") which fund shall be used solely for the
payment of debt service on any notes or claims against any guarantees; and
WHEREAS, Such capital reserve funds create a moral obligation of
the state; and
WHEREAS, The financing of the program will be accomplished through a financing or issuance of
guarantees by the Corporation supported by a capital reserve fund pursuant to
section 42-64-18 of the act, which shall be funded by programmatic assessments,
holdbacks, or other means; and
WHEREAS, The Corporation, through the use of the capital reserve
fund mechanism under the act, will pay debt service on the obligations to the
extent amounts received from the operations of the fund are insufficient to pay
debt service on the obligations. Therefore, the maximum fiscal year obligation
of the Corporation and the state is
$455,265 and the likely maximum fiscal year obligation should not exceed $200,000;
now, therefore be it
RESOLVED, That this general assembly finds that the program is a
project of a type and nature consistent with the purposes and within the powers
of the Corporation to undertake, and hereby approves the Corporation's issuance
of not more than $2,000,000 as a line of credit to fund loans for urban
revitalization projects that may not be used for overhead; and be it further
RESOLVED, That the obligations will be special obligations of the
Corporation payable from funds received by the Corporation from the operations
of the fund and the capital reserve fund. The Corporation's and the state's
maximum annual liability will be the maximum annual debt service of
approximately $455,265 and the net debt service over the maximum term of the note
of $2,276,325, assuming a five (5) year term and a five percent (5%) rate of
interest; and be it further
RESOLVED, That the obligation will not constitute indebtedness of
the state or any of its subdivisions or a debt for which the full faith and
credit of the state or any of its subdivisions is pledged except to the extent
that the state funds any deficiency in the capital reserve fund in an amount
not to exceed $455,265 per year subject to annual budget appropriations; and be
it further
RESOLVED, That this Joint Resolution shall take effect immediately
upon its passage by this general assembly; provided, that the creation or
issuance of the guarantees shall be not later than twenty-four (24) months from
the date of such passage and the issuance of the notes shall be no later than
five (5) years from the date of such passage.
SECTION 13. This article shall take effect upon passage.
ARTICLE 7 SUBSTITUTE A AS AMENDED
Relating To public officers and employees -- retirement system
SECTION
1. Sections 16-16-12, 16-16-13 and 16-16-40 of the
General Laws in Chapter 16-16 entitled "Teachers' Retirement" are
hereby amended to read as follows:
16-16-12. Procedure for service retirement. -- Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:
(1) (a) Any member may retire upon his or her written
application to the retirement board as of the first day of the calendar month
in which the application was filed, provided the member was separated from
service prior to filing the application, and further provided however, that if
separation from service occurs during the month in which the application is
filed, the effective date shall be the first day following the separation from
service, and provided further that the member on retirement date has attained
the age of sixty (60) years and has completed at least ten (10) years of total contributory
service on or before July 1, 2005, or
regardless of age has completed twenty-eight (28) years of total service and has completed at least ten (10) years of contributory
service on or before July 1, 2005.
(b) Any member, who has not completed
at least ten (10) years of contributory service on or before July 1, 2005, may
retire upon his or her written application to the retirement board as of the
first day of the calendar month in which the application was filed; provided,
the member was separated from service prior thereto; and further provided,
however, that if separation from service occurs during the month in which
application is filed, the effective date shall be the first day following that
separation from service; provided, the member on his or her retirement date had
attained the age of fifty-nine (59) and had completed at least twenty-nine (29)
years of total service; or provided, that the member on his or her retirement
date had attained the age of sixty-five (65) and had completed at least ten
(10) years of contributory service; or provided, that the member on his or her
retirement date had attained the age of fifty-five (55) and had completed
twenty (20) years of total service and provided, that the retirement allowance,
as determined according to the formula in section 16-16-13 is reduced
actuarially for each month that the age of the member is less than sixty-five
(65) years.
(2) Any member also paying into the retirement system under the provisions of chapter 9 of title 36 shall not be disqualified from receiving benefits provided by that chapter and the provisions of this chapter simultaneously.
(3) (i) Except as specifically provided in sections 36-10-9.1, 36-10-12 through 36-10-15, and 45-21-19 through 45-21-22, no member shall be eligible for pension benefits under this chapter unless the member shall have been a contributing member of the employees' retirement system for at least ten (10) years.
(ii) Provided, however, a person who has ten (10) years service credit shall be vested.
(iii) Furthermore, any past service credits purchased in accordance with section 36-9-38 shall be counted towards vesting.
(iv) Any person who becomes a member of the employees' retirement system pursuant to section 45-21-8 shall be considered a contributing member for the purpose of chapter 21 of title 45 and this chapter.
(v) Notwithstanding any other provision of law, no more than five (5) years of service credit may be purchased by a member of the system. The five (5) year limit shall not apply to any purchases made prior to January 1, 1995. A member who has purchased more than five (5) years of service credit before January 1, 1995, shall be permitted to apply the purchases towards the member's service retirement. However, no further purchase will be permitted. Repayment, in accordance with applicable law and regulation, of any contribution previously withdrawn from the system shall not be deemed a purchase of service credit.
(4) No member of the teachers' retirement system shall be permitted to purchase service credits for casual or seasonal employment, for employment as a page in the general assembly, or for employment at any state college or university while the employee is a student or graduate of the college or university.
(5) Except as specifically provided in sections 16-16-6.2 and 16-16-6.4, a member shall not receive service credit in this retirement system for any year or portion of a year which counts as service credit in any other retirement system in which the member is vested or from which the member is receiving a pension and/or any annual payment for life. This subsection shall not apply to any payments received pursuant to the federal Social Security Act, 42 U.S.C. section 301 et seq.
(6) A member who seeks to purchase or receive service credit in this retirement system shall have the affirmative duty to disclose to the retirement board whether or not he or she is a vested member in any other retirement system and/or is receiving a pension, retirement allowance, or any annual payment for life. The retirement board shall have the right to investigate as to whether or not the member has utilized the same time of service for credit in any other retirement system. The member has an affirmative duty to cooperate with the retirement board including, by way of illustration and not by way of limitation, the duty to furnish or have furnished to the retirement board any relevant information that is protected by any privacy act.
(7) A member who fails to cooperate with the retirement board shall not have the time of service credit counted toward total service credit until the time the member cooperates with the retirement board and until the time the retirement board determines the validity of the service credit.
(8) A member who knowingly makes a false statement to the retirement board regarding service time or credit shall not be entitled to a retirement allowance and is entitled only to the return of his or her contributions without interest.
16-16-13. Amount of
service retirement allowance. --
(a)(1) Upon retirement from
service under section 16-16-12 the a teacher whose
membership commenced before July 1, 2005 and who has completed at least ten
(10) years of contributory service on or before July 1, 2005, shall, receive a retirement allowance which shall be
determined in accordance with schedule A:
SCHEDULE A
YEARS OF SERVICE PERCENTAGE ALLOWANCE
1st through 10th inclusive 1.7%
11th through 20th inclusive 1.9%
21st through 34th inclusive 3.0%
35th 2.0%
(2) Upon retirement from service under
section 16-16-12 a teacher whose membership commenced after July 1, 2005 or who
has not completed at least ten (10) years of contributory service as of July 1,
2005 shall receive a retirement allowance which shall be determined in
accordance with Schedule B.
SCHEDULE
B
YEARS OF SERVICE PERCENTAGE ALLOWANCE
1st through 10th inclusive 1.60%
11th through 20th inclusive 1.80%
21st through 25th
inclusive 2.0%
26th through 30h
inclusive 2.25%
31st through 37th
inclusive 2.50%
38th 2.25% (b) The retirement allowance of any teacher whose membership commenced before July 1, 2005 and who has completed at least ten (10) years of contributory service on or before July 1, 2005 shall be in an amount equal to the percentage allowance specified in schedule A of his or her average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed eighty percent (80%) of the compensation, payable at completion of thirty-five (35) years of service. The retirement allowance of any teacher whose membership commenced after July 1, 2005 or who has not completed at least ten (10) years of contributory service as of July 1, 2005 shall be in an amount equal to the percentage allowance specified in Schedule B of his or her average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed seventy-five percent (75%) of the compensation, payable at completion of thirty-eight (38) years of service. Any teacher who has in excess of thirty-five (35) years on or before June 2, 1985 shall not be entitled to any refund, and any teacher with thirty-five (35) years or more on or after June 2, 1985 shall contribute from July 1, 1985 until his or her retirement.
16-16-40. Additional benefits payable to retired teachers. -- (a) All teachers and all beneficiaries of teachers receiving any service retirement or ordinary disability retirement allowance pursuant to the provisions of this chapter and chapter 17 of this title, on or before December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded, for each year the retirement allowance has been in effect. For purposes of computation credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. This cost of living retirement adjustment shall be added to the amount of the service retirement allowance as of January 1, 1970, and payment shall begin as of July 1, 1970. An additional cost of living retirement adjustment shall be added to the original retirement allowance equal to three percent (3%) of the original retirement allowance on the first day of January, 1971, and each year thereafter through December 31, 1980.
(b) All teachers and beneficiaries of teachers receiving any service retirement or ordinary disability retirement allowance pursuant to the provisions of this title who retired on or after January 1, 1968, shall, on the first day of January, next following the third (3rd) year on retirement, receive a cost of living adjustment, in addition to his or her retirement allowance, an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter, on the first day of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, not compounded, to be continued through December 31, 1980.
(c) (1) Beginning on January 1, 1981, for all teachers and beneficiaries of teachers receiving any service retirement and all teachers and all beneficiaries of teachers who have completed at least ten (10) years of contributory service on or before July 1, 2005, pursuant to the provisions of this chapter, and for all teachers and beneficiaries of teachers who receive a disability retirement allowance pursuant to sections 16-16-14 through 16-16-17, the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of the original retirement allowance or the retirement allowance as computed in accordance with section 16-16-40.1, compounded annually from the year for which the cost of living adjustment was determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b) of this section.
(2) The provisions of this subsection shall be deemed to apply prospectively only and no retroactive payment shall be made.
(3) The retirement allowance of all
teachers and all beneficiaries of teachers who have not completed at least ten
(10) years of contributory service on or before July 1, 2005, shall, on the
month following the third anniversary date of the retirement, and on the month
following the anniversary date of each succeeding year be adjusted and computed
by multiplying the retirement allowance by three percent (3%) or the percentage
of increase in the Consumer Price Index for all Urban Consumers (CPI-U) as
published by the United States Department of Labor Statistics, determined as of
September 30 of the prior calendar year, whichever is less; the cost of living
adjustment shall be compounded annually from the year for which the cost of
living adjustment was determined payable by the retirement board; provided,
that no adjustment shall cause any retirement allowance to be decreased from
the retirement allowance provided immediately before such adjustment. This
section shall not apply to all teachers and beneficiaries of teachers who
receive a disability retirement allowance pursuant to sections 16-16-14 through
16-16-17.
(d) The provisions of sections 45-13-7 through 45-13-10 shall not apply to this section.
SECTION
2. Sections 36-10-2, 36-10-9, 36-10-10, 36-10-10.3,
36-10-11 and 36-10-35 of the General Laws in Chapter 36-10 entitled "Retirement
System-Contributions and Benefits" are hereby amended to read as follows:
36-10-2. State contributions. -- (a) The State of Rhode Island shall make its contribution for the maintenance of the system, including the proper and timely payment of benefits in accordance with the provisions of this chapter and chapters 8, 16, 28, 31 and 42 of this title, by annually appropriating an amount equal to a percentage of the total compensation paid to the active membership. The percentage shall be computed by the actuary employed by the retirement system and shall be certified by the retirement board to the director of administration on or before the fifteenth day of October in each year. In arriving at the yearly employer contribution the actuary shall determine the value of:
(1) The contributions made by the members;
(2) Income on investments; and
(3) Other income of the system.
(b) The Actuary shall thereupon compute the yearly employer contribution that will:
(i) Pay the actuarial estimate of the normal cost for the next succeeding fiscal year;
(ii) Amortize the unfunded liability of the system as of June 30, 1999 utilizing a time period not to exceed thirty (30) years.
(c) The State of Rhode Island shall remit to the general treasurer the employer's share of the contribution for state employees, state police, and judges on a payroll frequency basis, and for teachers in a manner pursuant to section 16-16-22.
(d) From the rate percent computed pursuant to subsection (b), the state shall contribute a sum equal to one eighth of one percent (0.125%) of each member's rate of compensation and an additional sum equal to one eighth of one percent (0.125%) of each member's rate of compensation effective July 1, 1990, as the state's share of the cost of providing retiree health benefits in accordance with the provisions of section 36-10-4. Contributions shall be actuarially adjusted to reflect refunds made to employees. The contribution shall be placed in a restricted fund and shall be used solely for providing health benefits to retirees as provided in section 36-12-4. The adequacy of the fund will be actuarially reevaluated during the fiscal year prior to July 1, 1993, to determine the required amount to maintain this benefit in effect. If at any time during the aforementioned period the cost for health coverage exceeds the contributions in the restricted fund account, the state shall assume the liability for that cost by making advances to the restricted fund which advances shall be repaid from any subsequent excess funds in the restricted fund.
(e) In accordance with the intent of section 36-8-20 that the retirement system satisfy the requirements of section 401(a) of the Internal Revenue Code of 1986 as amended [26 U.S.C. section 401(a)] the restricted fund for providing health benefits to retirees described in subsection (d) shall constitute a separate retiree medical benefits account within the meaning of section 401(h) of the code [26 U.S.C. section 401(h)]and the account shall be administered in accordance with the applicable requirements. Prior to the satisfaction of all retiree health liabilities no part of the corpus or income of the account shall be used for, or diverted to, any purpose other than the payment of retiree medical benefits in accordance with the provisions of section 36-12-4. However, this requirement shall not restrict the collective investment of funds of that account with funds of the retirement account. Following the satisfaction of all retiree health liabilities, any funds remaining in the retiree medical benefits account shall be paid to the state.
(f) (1) In accordance with the intent of section 36-8-20 that the retirement system satisfy the requirements of section 401(a) of the Internal Revenue Code of 1986, the state shall pay to the retirement system:
(i) By June 30, 1995, an amount equal to the sum of the benefits paid to state legislators pursuant to section 36-10-10.1 in excess of ten thousand dollars ($10,000) per member (plus accrued interest on such amount at eight percent (8%)) for all fiscal years beginning July 1, 1991, and ending June 30, 1995, but this amount shall be paid only if section 36-10-10.1(e) becomes effective January 1, 1995; and
(ii) By December 31, 1994, twenty million seven hundred eighty eight thousand eight hundred twelve dollars and nineteen cents ($20,788,812.19) plus accrued interest on that amount at eight percent (8%) compounded monthly beginning March 1, 1991, and ending on the date this payment is completed (reduced by amortized amounts already repaid to the retirement system with respect to the amounts withdrawn by the state during the fiscal year July 1, 1990 -- June 30, 1991); and
(iii) By June 30, 1995, the sum of the amounts paid by the retirement system for retiree health benefits described in section 36-12-4 for all fiscal years beginning July 1, 1989, and ending June 30, 1994, to the extent that the amounts were not paid from the restricted fund described in subsection (c).
(2) Any and all amounts paid to the retirement system under this subsection shall not increase the amount otherwise payable to the system by the state of Rhode Island under subsection (a) for the applicable fiscal year. The actuary shall make such adjustments in the amortization bases and other accounts of the retirement system as he or she deems appropriate to carry out the provisions and intent of this subsection.
(g) In addition to the contributions
provided for in subsection (a) through (c) and in order to provide supplemental
employer contributions to the retirement system, commencing in fiscal year
2006, and each year thereafter:
(i) for each fiscal year in which the
actuarially determined state contribution rate for state employees is lower
than that for the prior fiscal year, the governor shall include an
appropriation to that system equivalent to twenty percent (20%) of the rate
reduction for the state's contribution rate for state employees to be applied
to the actuarial accrued liability of the state employees' retirement system
for state employees for each fiscal year;
(ii) for each fiscal year in which the
actuarially determined state contribution rate for teachers is lower than that
for the prior fiscal year, the governor shall include an appropriation to that
system equivalent to twenty percent (20%) of the rate reduction for the state's
share of the contribution rate for teachers to be applied to the actuarial
accrued liability of the state employees' retirement system for teachers for
each fiscal year;
(iii) the amounts to be appropriated
shall be included in the annual appropriation bill and shall be paid by the
general treasurer into the retirement system.
(h) While the retirement system's
actuary shall not adjust the computation of the annual required contribution for
the year in which supplemental contributions are received, such contributions
once made may be treated as reducing the actuarial liability remaining for
amortization in the next following actuarial valuation to be performed.
36-10-9. Retirement on service allowance -- In general. -- Retirement of a member on a service retirement allowance shall be made by the retirement board as follows:
(1)(a) Any member may retire upon his or her written
application to the retirement board as of the first day of the calendar month
in which the application was filed; provided, the member was separated from
service prior thereto; and further provided, however, that if separation from
service occurs during the month in which application is filed, the effective
date shall be the first day following that separation from service; and
provided further that the member on his or her retirement date attained the age
of sixty (60) and completed at least ten (10) years of total contributory
service on or before July 1, 2005 or who,
regardless of age, has completed twenty-eight (28) years of total service and has completed at least ten (10) years of contributory
service on or before July 1, 2005.
(b) Any member, who has not completed
at least ten (10) years of contributory service on or before July 1, 2005, may
retire upon his or her written application to the retirement board as of the
first day of the calendar month in which the application was filed; provided,
the member was separated from service prior thereto; and further provided,
however, that if separation from service occurs during the month in which
application is filed, the effective date shall be the first day following that
separation from service; provided, the member or his or her retirement date had
attained the age of fifty-nine (59)_and had completed at least twenty-nine (29)
years of total service or provided that the member on his or her retirement
date had attained the age of sixty-five (65) and had completed at least ten
(10) years of contributory service; or provided, that the member on his or her
retirement date had attained the age of fifty-five (55) and had completed
twenty (20) years of total service provided, that the retirement allowance, as
determined according to the formula in section 36-10-10 is reduced actuarially
for each month that the age of the member is less than sixty-five(65) years.
(2) Any faculty employee at a public institution of higher education under the jurisdiction of the board of governors for higher education shall not be involuntarily retired upon attaining the age of seventy (70) years.
(3)(i) Except as specifically provided in section 36-10-9.1, sections 36-10-12 -- 36-10-15, and sections 45-21-19 -- 45-21-22, no member shall be eligible for pension benefits under this chapter unless the member shall have been a contributing member of the employee's retirement system for at least ten (10) years.
(i) (ii) Provided,
however, a person who has ten (10) years service credit on or before June 16,
1991, shall be vested.
(ii) (iii) Furthermore,
any past service credits purchased in accordance with section 36-9-38 shall be
counted towards vesting.
(iii) (iv) Any
person who becomes a member of the employees' retirement system pursuant to section
45-21-4 shall be considered a contributing member for the purpose of chapter 21
of title 45 and this chapter.
(iv) (v)
Notwithstanding any other provision of law, no more than five (5) years of
service credit may be purchased by a member of the system. The five (5) year
limit shall not apply to any purchases made prior to January 1, 1995. A member
who has purchased more than five (5) years of service credits before January 1,
1995, shall be permitted to apply those purchases towards the member's service
retirement. However, no further purchase will be permitted. Repayment in
accordance with applicable law and regulation of any contribution previously
withdrawn from the system shall not be deemed a purchase of service credit.
(4) No member of the employees' retirement system shall be permitted to purchase service credits for casual or seasonal employment, for employment as a page in the general assembly, or for employment at any state college or university while the employee is a student or graduate assistant of the college or university.
(5) Except as specifically provided in sections 16-16-6.2 and 16-16-6.4, a member shall not receive service credit in this retirement system for any year or portion of it, which counts as service credit in any other retirement system in which the member is vested or from which the member is receiving a pension and/or any annual payment for life. This subsection shall not apply to any payments received pursuant to the federal Social Security Act or to payments from a military pension earned prior to participation in state or municipal employment, or to military service credits earned prior to participation in state or municipal employment.
(6) A member who seeks to purchase or receive service credit in this retirement system shall have the affirmative duty to disclose to the retirement board whether or not he or she is a vested member in any other retirement system and/or is receiving a pension, retirement allowance, or any annual payment for life. The retirement board shall have the right to investigate as to whether or not the member has utilized the same time of service for credit in any other retirement system. The member has an affirmative duty to cooperate with the retirement board including, by way of illustration and not by way of limitations the duty to furnish or have furnished to the retirement board any relevant information which is protected by any privacy act.
(7) A member who fails to cooperate with the retirement board shall not have the time of service counted toward total service credit until such time as the member cooperates with the retirement board and until such time as the retirement board determines the validity of the service credit.
(8) A member who knowingly makes a false statement to the retirement board regarding service time or credit shall not be entitled to a retirement allowance and is entitled only to the return of his or her contributions without interest.
36-10-10. Amount of service retirement allowance. -- (a)(1) Upon retirement for service under section 36-10-9, a member whose membership commenced before July 1, 2005 and who has completed at least ten (10) years of contributory service on or before July 1, 2005 shall receive a retirement allowance which shall be determined in accordance with schedule A below:
Schedule A
Years of Service Percentage Allowance
1st through 10th inclusive 1.7%
11th through 20th inclusive 1.9%
21st through 34th inclusive 3.0%
35th 2.0%
(2)
Upon retirement for service under section 36-10-9, a member whose
membership commenced after July 1, 2005, or who has not completed at least ten
(10) years of contributory service as of July 1, 2005, shall, receive a
retirement allowance which shall be determined in accordance with Schedule B
below:
Schedule
B
Years
of Service Percentage Allowance
1st
through 10th inclusive 1.60%
11th
through 20th inclusive 1.80%
21st
through 25 th inclusive 2.0%
26th through 30th inclusive 2,.25%
31st
through 37th inclusive 2.50% 38th 2.25%
(b) The retirement allowance of any member whose membership commenced before July 1, 2005 and who has completed at least ten (10) years of contributory service on or before July 1, 2005 shall be in an amount equal to the percentage allowance specified in schedule A of his or her average highest three (3) consecutive years of compensation multiplied by the number of years of total service, but in no case to exceed eighty percent (80%) of the compensation payable at completion of thirty-five (35) years of service. Any member who has in excess of thirty-five (35) years on or before June 2, 1985, shall not be entitled to any refund, and any member with thirty-five (35) years or more on or after June 2, 1985, shall contribute from July 1, 1985, until his or her retirement.
The retirement allowance of any member
whose membership commenced after July 1, 2005 or who had not completed at least
ten (10) years of contributory service as of July 1, 2005, shall, be in an
amount equal to the percentage allowance specified in Schedule B of his or her
average highest three (3) consecutive years of compensation multiplied by the
number of years of total service, but in no case to exceed seventy-five percent
(75%) of the compensation payable at the completion of thirty-eight (38) years
of service.
(c) Any member with thirty-eight (38) years or more of service prior to December 31, 1985, shall not be required to make additional contributions. Contributions made between December 31, 1985, and July 1, 1987, by members with thirty-eight (38) or more years of service prior to December 31, 1985, shall be refunded by the retirement board to the persons, their heirs, administrators, or legal representatives.
36-10-10.3. Social
security supplemental option. -- (a) In lieu of the lifetime service
retirement allowance, a vested member who has
completed at least ten (10) years of contributory service on or before July 1,
2005 who retires in accordance with sections 16-16-12, 36-10-9(a)
36-10-9 and 36-10-9.2 may choose an
optional form of retirement benefit known as the social security supplemental
option.
(b) This option provides for the payment of a larger benefit before the attainment of age sixty-two (62) and a reduced amount thereafter. The reduced amount shall be equal to the benefit before age sixty-two (62), including cost of living increases, minus the member's estimated social security benefit payable at age sixty-two (62). Under this option the benefits payable before and after the attainment of age sixty-two (62) will be actuarially determined to be equivalent to the lifetime service retirement allowance as determined in section 36-10-10.
(c) Election of this supplemental option shall be applicable only to those who elect the service retirement allowance determined in accordance with Schedule A as provided by section 36-10-10.
36-10-11. Service
allowance to member withdrawing from service before retirement age. – (a) The right of a service retirement allowance under
the provisions of this chapter shall vest in a member who shall withdraw from
service prior to his or her attainment of the minimum age of retirement
specified in sections 36-10-9 -- 36-10-9.3 who shall not have received a
refund, provided the member shall have completed at least ten (10) years of total contributory
service on or before July 1, 2005. The
member shall become entitled to a service retirement allowance upon his or her
attainment of the age of sixty (60) years or at his or her option at any date
subsequent thereto. The rate of service retirement allowance payable in the
case of any member shall be that provided in section 36-10-10, Schedule A, for the period of total service
earned and accrued at the date of withdrawal from service of the member.
(b) For a member who shall not have
completed at least ten (10) years of contributory service on or before July 1,
2005, the right of a service retirement allowance under the provisions of this
chapter shall vest in a member who shall withdraw from service prior to his or
her attainment of the minimum age of retirement specified in sections 36-10-9
through 36-10-9.3 who shall not have received a refund, provided, the member
shall have completed at least ten (10) years of contributory service. The member shall become entitled to a
service retirement allowance upon his or her attainment of the age of
sixty-five (65) years or at his or her option at any date subsequent
thereto. The rate of service retirement
allowance payable in the case of any member shall be that provided in section
36-10-10, Schedule B, for the period of total service earned and accrued at the
date of withdrawal from service of the member.
36-10-35. Additional benefits payable to retired employees. -- (a) All state employees and all beneficiaries of state employees receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this title on or before December 31, 1967, shall receive a cost of living retirement adjustment equal to one and one-half percent (1.5%) per year of the original retirement allowance, not compounded, for each calendar year the retirement allowance has been in effect. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. This cost of living adjustment shall be added to the amount of the retirement allowance as of January 1, 1968, and an additional one and one-half percent (1.5%) shall be added to the original retirement allowance in each succeeding year during the month of January, and provided further, that this additional cost of living increase shall be three percent (3%) for the year beginning January 1, 1971, and each year thereafter, through December 31, 1980. Notwithstanding any of the above provisions, no employee receiving any service retirement allowance pursuant to the provisions of this title on or before December 31, 1967, or the employee's beneficiary, shall receive any additional benefit hereunder in an amount less than two hundred dollars ($200) per year over the service retirement allowance where the employee retired prior to January 1, 1958.
(b) All state employees and all beneficiaries of state employees retired on or after January 1, 1968, who are receiving any service retirement or ordinary or accidental disability retirement allowance pursuant to the provisions of this title shall, on the first day of January next following the third anniversary date of the retirement, receive a cost of living retirement adjustment, in addition to his or her retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter through December 31, 1980, during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, not compounded, to be continued during the lifetime of the employee or beneficiary. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the service retirement allowance.
(c) (1) Beginning on January 1, 1981, for all state employees and beneficiaries of the state employees receiving any service retirement and all state employees, and all beneficiaries of state employees, who have completed at least ten (10) years of contributory service on or before July 1, 2005 pursuant to the provisions of this chapter, and for all state employees, and all beneficiaries of state employees who receive a disability retirement allowance pursuant to sections 36-10-12 through 36-10-15, the cost of living adjustment shall be computed and paid at the rate of three percent (3%) of the original retirement allowance or the retirement allowance as computed in accordance with section 36-10-35.1, compounded annually from the year for which the cost of living adjustment was determined to be payable by the retirement board pursuant to the provisions of subsection (a) or (b) of this section.
(2) The provisions of this subsection shall be deemed to apply prospectively only and no retroactive payment shall be made.
(3) The retirement allowance of all
state employees and all beneficiaries of state employees who have not completed
at least ten (10) years of contributory service on or before July 1, 2005,
shall, on the month following the third anniversary date of retirement, and on
the month following the anniversary date
of each succeeding year be adjusted and computed by multiplying the
retirement allowance by three percent (3%) or the percentage of increase in the
Consumer Price Index for all Urban Consumers (CPI-U) as published by the United
States Department of Labor Statistics determined as of September 30 of the
prior calendar year, whichever is less; the cost of living adjustment shall be
compounded annually from the year for which the cost of living adjustment was
determined payable by the retirement board; provided, that no adjustment shall
cause any retirement allowance to be decreased from the retirement allowance
provided immediately before such adjustment. This section shall not apply to
all state employees and all beneficiaries of state employees, who receive a
disability retirement allowance pursuant to sections 36-10-12 through 36-10-15.
(d)(1) All legislators and all beneficiaries of legislators who are receiving a retirement allowance pursuant to the provisions of section 36-10-9.1 for a period of three (3) or more years, shall, commencing January 1, 1982, receive a cost of living retirement adjustment, in addition to a retirement allowance, in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original retirement allowance, compounded annually, to be continued during the lifetime of the legislator or beneficiary. For the purposes of computation, credit shall be given for a full calendar year regardless of the effective date of the service retirement allowance.
(e) The provisions of
sections 45-13-7 -- 45-13-10 shall not apply to this section.
SECTION 3. Joint Legislative Oversight Commission on employee retirement benefits.
RESOLVED, That a special joint legislative oversight commission be and the same is hereby created consisting of eight (8) members; four (4) of whom shall be from the house of representatives, not more than three (3) from the same political party to be appointed by the speaker; four (4) of whom shall be from the senate, not more than three (3) from the same political party to be appointed by the senate President.
The purpose of said joint commission shall be to study employee retirement benefits, including, but not limited to, quasi-public agencies, the judiciary, Rhode Island state police, and the Rhode Island Department of Corrections.
The members of the commission shall meet at the call of speaker and the president and shall select from among its members co-chairpersons. Vacancies in said commission shall be filled in a like manner as the original appointment.
The membership of said commission shall receive no compensation for their services.
All departments and agencies of the state shall furnish such advice and information documentary and otherwise, to said commission and its agent as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.
The speaker of the house is hereby authorized and directed to provide suitable quarters for said commission.
SECTION 4. This article shall take
effect upon passage.
ARTICLE 8 SUBSTITUTE A
Relating To General Public Assistance -- Hardship Contingency Fund
SECTION 1. Hardship Contingency Fund – FY 2005 Revised – Out of the general revenue sum appropriated to the department of human services in Article 5 for general public assistance, the sum of six hundred seventy-six thousand four hundred sixty dollars ($676,460) may be used as a hardship contingency fund for the purposes and subject to the limitations hereinafter provided; said revised funding level being fifty-six thousand eight hundred forty-five dollars ($56,845) greater than the FY 2005 enacted levels. 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 2. Hardship Contingency Fund – FY 2006 – 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 thirty thousand four hundred eight dollars ($630,480) 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, 2004, and Section 2 of this
article shall take effect as of July 1, 2005.
ARTICLE 9 SUBSTITUTE A
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, 2004 2005, the period from October 1, 2002 2003 through September 30, 2003 2004.
(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 § 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, 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%)
five and eighty-five hundredths percent (5.85%),
and that the uncompensated care index for the payment year ending September 30,
2006 shall be deemed to be five and fifty hundredths percent (5.50%).
40-8.3-3. Implementation. – (a)
For the fiscal year commencing on October 1, 2004
2005 and ending September 30, 2005 2006,
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
$97.8 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 15, 2005 and are expressly conditioned upon
approval on or before December 8, 2004 2005 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 2006
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 related to graduate medical education
programs.
SECTION 2. This article shall take effect upon passage.
ARTICLE 10 SUBSTITUTE A
Relating To Human Services -- Child Care State Subsidies
SECTION 1. Sections 40-6.2-1.1 and 40-6.2-4 of the General Laws in Chapter 40-6.2 entitled “Child Care- State Subsidies” are hereby amended to read as follows:
40-6.2-1.1. Rates Established. - - (a) Subject to the payment limitations in section (b), the 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 the 75th percentile of weekly market rates:
LICENSED 75th
PERCENTILE
CHILD CARE
OF WEEKLY
CENTERS MARKET RATE
INFANT $182.00
PRESCHOOL $150.00
SCHOOL-AGE $135.00
CERTIFIED 75th
FAMILY
PERCENTILE
CHILD CARE
OF WEEKLY
PROVIDERS
MARKET RATE
INFANT $150.00
PRESCHOOL $150.00
SCHOOL-AGE $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, 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 (a) shall be adjusted by the surveys conducted under this subsection, beginning January 1, 2006 and biennially thereafter; provided, however, that the weekly market rates in the table in subsection (a) shall be adjusted by the 2004 market rate survey beginning July 1, 2006. For the purposes of this section, and until adjusted in accordance with this subsection, the 75th percentile of weekly market rate shall mean the 2002 Department of Human Services Child Care Market Survey.
(d) 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) 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.
40-6.2-4. Health care coverage for family day care providers. – (a) The department of human services is authorized and directed to provide health care through its RIte Care or RIte Share programs to family day care providers who provide child care services paid for by the department and who meet the eligibility requirements of this section.
(b) A family day care provider shall be eligible if:
(1) The provider is
certified as a family day care provider by the department of children, youth,
and families pursuant to chapter 72.1 of title 42,
and has applied for and has been found ineligible for the federally assisted
RIte Care or RIte Share programs; and
(2) The provider has
rendered a minimum of one thousand eight hundred
dollars ($1,800) seven thousand eight
hundred dollars ($7,800) in child care services, payable by the
department through any of its child care programs, during a period of six (6)
consecutive months prior to making application to the department for health
care coverage. and
(3) The provider’s total family
annualized income does not exceed 350% of the federal poverty level.
(c) Upon determination of eligibility by the
department, the department shall enroll the provider and the provider’s minor
children, who are living with the provider’s household, in the RIte Care or the RIte
Share program, as determined by the
department, for the following six (6) months, and the enrolled
provider and qualifying children shall be subject to the terms, conditions,
limitations, and restrictions, cost-sharing, and dental benefit provisions of
the RIte Care or the RIte Share programs.
SECTION 2. This article shall take effect on July 1,
2005.
ARTICLE 11 SUBSTITUTE A
RELATING TO STATE AID
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-eight and eighty-five hundredths percent (28.85%) minus seven hundred sixty seven thousand six hundred eighty seven dollars ($767,687); (b) Newport Jai Ali twenty-six percent (26%) minus three hundred eighty four thousand nine hundred ninety six dollars ($384,996);
(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.;
(iii) Notwithstanding subsections (i)
and (ii) above, there shall be subtracted proportionately from the payments to
technology providers the sum of six hundred twenty eight thousand seven hundred
thirty seven dollars ($628,737);
(4) To the city or town in which the licensed video retailer is licensed: one percent (1%); provided, however, beginning January 1, 2005, the town of Lincoln shall receive one and one quarter percent (1.25%); and
(5) Unclaimed prizes and credits shall remit to the general fund of the state;
(6) 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 § 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) shall be 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) 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) shall be
deposited as general revenues.
(3) Three million dollars ($3,000,000)
from the state general revenue fund.
SECTION 2. Section
45-13-12 of the General Laws in Chapter 45-13 entitled “State Aid” is hereby
amended to read as follows:
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%) twenty percent (20%)
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.
Any newly qualifying community shall
be paid fifty percent (50%) of current law requirements the first year it
qualifies. The remaining fifty percent (50%) shall be distributed to the other
distressed communities proportionately. When any community falls out of the
distressed community program, it shall receive a one-time payment of fifty
percent (50%) of the prior year requirement exclusive of any reduction for
first year qualification. The community shall be considered a distressed
community in the fall-out year.
(d) Appropriation of funds. The state of Rhode Island shall appropriate to eligible communities the sum of five million dollars ($5,000,000) plus the collections from the real estate conveyance tax pursuant to section 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 section 42-61.2-7(b).
(e) Payments. Payments shall be made to eligible communities each March from amounts collected pursuant to section 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.
Chapter 45-13 of the General Laws entitled
"State Aid" is hereby amended by adding thereto the following
section:
45-13-14. Adjustments to
tax levy, assessed value, and full value when computing state aid. – (a)
Whenever the director of administration computes the relative wealth of
municipalities for the purpose of distributing state aid in accordance with
title 16 and the provisions of section 45-13-12, he or she shall base it on the
full value of all property except:
(1)
that exempted from taxation by acts of the general assembly and reimbursed
under section 45-13-5.1 of the general laws, which shall have its value calculated
as if the payment in lieu of tax revenues received pursuant to section
45-13-5.1 of the general laws, has resulted from a tax levy;
(2)
that whose tax levy or assessed value is based on a tax treaty agreement
authorized by a special public law or by reason of agreements between a
municipality and the economic development corporation in accordance with
section 42-64-20 prior to May 15, 2005, which shall not have its value
included;
(3)
that whose tax levy or assessed value is based on tax treaty agreements or tax
stabilization agreements in force prior to May 15, 2005, which shall not have
its value included;
(4)
that which is subject to a payment in lieu of tax agreement in force prior to
May 15, 2005;
(5)
any other property exempt from taxation under state law; or
(6)
any property subject to chapter 44-27, taxation of Farm, Forest, and Open Space
Land.
(b)
The tax levy of each municipality and fire district shall be adjusted for any real
estate and personal property exempt from taxation by act of the general
assembly by the amount of payment in lieu of property tax revenue anticipated
to be received pursuant to section 45-13-5.1 of the general laws relating to
property tax from certain exempt private and state properties, and for any
property subject to any payment in lieu of tax agreements, any tax treaty
agreements or tax stabilization agreements in force after May 15, 2005, by the
amount of the payment in lieu of taxes pursuant to such agreements.
(c)
Fire district tax levies within a city or town shall be included as part of the
total levy attributable to that city or town.
(d)
The changes as required by subdivisions (a) through (c) shall be incorporated
into the computation of entitlements effective for distribution in fiscal year
2007-2008 and thereafter.
SECTION 4.
This article shall take effect as of July 1, 2005.
ARTICLE 12 SUBSTITUTE A AS AMENDED
RELATING TO HUMAN SERVICES -- FAMILY INDEPENDENCE ACT
SECTION 1. Sections 40-5.1-8, 40-5.1-9 and 40-5.1-19 of the General Laws in Chapter 40-5.1 entitled “Family Independence Act” are hereby amended to read as follows:
40-5.1-8. Eligibility for cash assistance. – (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 § 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; 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 § 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) 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.
(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 § 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 § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, (relating to earned income tax credit), and any payment made to the family by an employer under § 3507 of the Internal Revenue Code of 1986, 26 U.S.C. § 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. § 301 et seq.
(c) [Deleted by P.L. 2003, ch. 376, art. 12, § 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 § 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 a 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. § 1396 et seq.
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 (2) 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 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) eighteen
(18) 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)
eighteen (18) months, whether or not
consecutive.
(C) For purposes of paragraph (v) the benefit reduction for a family size of two (2) shall be computed utilizing a family size of three (3).
(vi)(A) If the family's benefit has been reduced
in accordance with paragraph (v)(A) for less than twenty-four
(24) eighteen (18) 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 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 (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.
(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 are under supervision of the family court or who require 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.
40-5.1-19. Eligibility for medical benefits. – (a) Every member of any family eligible for cash assistance under this chapter shall be categorically eligible for medical assistance through the RIte Care or RIte Share programs, as determined by the department.
(b) If a family becomes ineligible for cash assistance payments under this act on account of excess earnings from employment, the family shall continue to be eligible for medical assistance through the RIte Care or RIte Share program for a period of eighteen (18) months or until employer paid family health care coverage begins.
(c) A parent who becomes ineligible for RIte Care under this section and who is not eligible for employer paid medical coverage due to a prior existing condition, or is otherwise uninsurable as determined by the department, shall be entitled to purchase RIte Care coverage in accordance with contribution rates to be established by the department.
SECTION
2. Section 40-8.4-4 of the General Laws in Chapter
40-8.4 entitled "Health Care For Families" is hereby amended to read
as follows:
40-8.4-4. Eligibility. -- (a) Medical assistance for families. - There is hereby established a category of medical assistance eligibility pursuant to section 1931 of title XIX of the Social Security Act [42 U.S.C. section 1396u-1]for families whose income and resources are no greater than the standards in effect in the aid to families with dependent children program on July 16, 1996 or such increased standards as the department may determine. The department of human services is directed to amend the medical assistance title XIX state plan and to submit to the U.S. Department of Health and Human Services an amendment to the RIte Care waiver project to provide for medical assistance coverage to families under this chapter in the same amount, scope and duration as coverage provided to comparable groups under the waiver. The department is further authorized and directed to submit such amendments and/or requests for waivers to the title XXI state plan as may be necessary to maximize federal contribution for provision of medical assistance coverage under this chapter. However, implementation of expanded coverage under this chapter shall not be delayed pending federal review of any title XXI amendment or waiver.
(b) Income. - The director of the department of human services is authorized and directed to amend the medical assistance title XIX state plan or RIte Care waiver to provide medical assistance coverage through expanded income disregards or other methodology for families whose income levels are below one hundred eighty-five percent (185%) of the federal poverty level.
(c) Resources. - Resources shall be disregarded in determining eligibility under this chapter.
(d) Waiver. - The
department of human services is authorized and directed to apply for and obtain
appropriate waivers from the Secretary of the U.S. Department of Health and
Human Services, including, but not limited to, a waiver of the appropriate
provisions of Title XIX, to require that individuals with incomes equal to or
greater than one hundred fifty percent (150%) of the federal poverty level pay
a share of the costs of their medical assistance coverage provided through
enrollment in either the RIte Care Program or under the premium assistance
program under section 40-8.4-12, in a manner and at an amount consistent with
comparable cost-sharing provisions under section 40-8.4-12, provided that such
cost sharing shall not exceed five percent (5%) of annual income. ;and provided,
further, that cost-sharing shall not be required for pregnant women or children
under age one.
ARTICLE 13 SUBSTITUTE A AS AMENDED
RELATING TO EDUCATION
SECTION
1. Sections 16-7.1-3, 16-7.1-5,
16-7.1-9, and 16-7.1-11.1 of the General Laws in Chapter 16-7.1 entitled “The Rhode
Island Student Investment Initiative” are hereby amended to read as follows:
16-7.1-3. Accountability for district and school expenditures. – All
school districts shall implement a uniform program to track educational
expenditures and investments. To ensure that each
district's report on educational expenditures accurately reflects actual
experience, All school districts shall
prepare annual reports of its programs which shall be submitted to the
department of elementary and secondary education by July 31 of each year. the The business office in each school district shall
annually declare that the facts and figures presented in the district
expenditure report are accurate to the best of their knowledge. In the event that a report is not submitted within thirty
days of July 31, state educational aid to the school district may be withheld. In addition, each school committee shall
annually ratify the district expenditure report and transmit the report to the
commissioner of elementary and secondary education no later than November 1 September
30 of each year. Furthermore, the commissioner of elementary and
secondary education in conjunction with the Rhode Island Association of School
Business Officials shall determine the feasibility of and implement when
appropriate a standard chart of accounts for all school districts. If
implemented, the municipalities shall integrate use of this chart of accounts
with municipal accounts as appropriate.
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 2005
2006, 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.
16-7.1-9. Student language assistance
investment fund. – The
general assembly recognizes the strength Rhode Island's growing cultural
diversity brings to the overall economic and social health of the state.
Therefore, the general assembly establishes the Student Language Assistance
Investment Fund to target state resources to assist students who require
additional language educational services. The general assembly shall annually
appropriate some sum and distribute it based on each district's proportion of full time equivalent limited English proficiency
students statewide in the reference year as defined in § 16-7-16. For purposes of this section, full time equivalent for
limited English proficiency students is defined in § 16-54-4. These
resources shall be used to close student performance gaps in accordance with
the district's strategic plan pursuant to § 16-7.1-2.
16-7.1-11.1. Full day kindergarten investment fund. – (a)
Beginning in fiscal year 2001, the general assembly shall appropriate and
distribute to each locally or regionally operated district a sum equal to the
number of full-time kindergarten students enrolled
in reported as a member of
each district as of the previous October 1
of the reference year as defined in §16-7-16(11)
times a per pupil amount, which shall be:
(1) Fifteen hundred dollars ($1,500) for those districts with a tax effort index of below 0.6 as calculated pursuant to § 16-7.1-6;
(2) One thousand dollars ($1,000) for those districts with a tax effort index of below 1.0 as calculated pursuant to § 16-7.1-6; and
(3) Five hundred dollars ($500) for all other districts.
(b) Funding under this section shall be in addition to any and all other aid received by the district, including aid received under this chapter, chapter 77.1 of this title, and any minimum increase of aid provided for under § 16-7.1-15.
SECTION
2. Section 16-64-1.1 of the
General Laws in Chapter 16-64 entitled “Residence of Children for School
Purposes” is hereby amended to read as follows:
16-64-1.1. Payment and reimbursement for educational costs of children placed in foster care, group homes, or other residential facility by a Rhode Island state agency. – (a) Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island governmental agency shall be entitled to the same free appropriate public education provided to all other residents of the city or town where the child is placed. The city or town shall pay the cost of the education of the child during the time the child is in foster care in the city or town.
(b) Children placed by DCYF in a group home or other residential facility that does not include the delivery of educational services are to be educated by the community in which the group home or other residential facility is located, and those children shall be entitled to the same free appropriate public education provided to all other residents of the city or town where the child is placed. For purposes of payment and reimbursement for educational costs under this chapter, the term "group home or other residential facility" shall not include independent living programs. Each city and town that contains one or more group homes or other residential facilities that do not include delivery of educational services will receive funds as part of state aid to education in accordance with the following provisions:
(1) On December 31 June 30
of each year the DCYF shall provide the department of elementary and secondary
education with a precise count of how many group home or other residential
facility "beds" exist in each Rhode Island city or town, counting
only those "beds" in facilities that do not include the delivery of
educational services. The number of "beds" in each group home or
other residential facility shall be equal to the maximum number of children
that may be placed in that group home or other residential facility on any
given night according to the applicable licensure standards of the DCYF;
(2) On December 31
June 30 of each year the DCYF shall
provide the department of elementary and secondary education with a precise
count of the total number of students aged three (3) to twenty-one (21) in DCYF
care on that date who reside in group homes in the state of Rhode Island, as well
as an accurate accounting of the percentage of those children that are eligible
for special education and related services pursuant to the Individuals with
Disabilities Education Act [20 U.S.C. § 1400 et seq.] as of that date;
(3) Each city or town
shall receive state education aid in an amount equal to the number of group
home or other residential facility "beds" in that community
multiplied by a per pupil rate, subject to appropriation, intended to reflect
the average cost per pupil based on the blend of regular education and special
education students in group homes as derived from figures supplied on December 31 June 30
of the preceding reference year as
defined in §16-7-16(11). Any city or town may petition the
commissioner of elementary and secondary education for additional state
education aid pursuant to this section in any year in which the total number of
group home or other residential facility "beds" is increased by more
than five (5) in any annual cycle.
(4) The general assembly
shall annually appropriate a sum sufficient to distribute to each city or town
the aid required by this subsection based upon the DCYF count provided on December 31 June 30
of the preceding reference year as
defined in §16-7-16(11) and that aid shall be distributed by the
department of elementary and secondary education. For an appropriation to be
made for payments to be made for the 2001-2002 school year the DCYF shall
establish a count as required in this subsection upon passage of this
legislation [July 5, 2001]. This count shall be determined based on the group
home and other residential facility "beds" in existence in each
community as of December 31 of the preceding year.
(c) Children placed by DCYF in a residential treatment program, group home, or other residential facility, whether or not located in the state of Rhode Island, which includes the delivery of educational services, provided by that facility (excluding facilities where students are taught on grounds for periods of time by teaching staff provided by the school district in which the facility is located), shall have the cost of their education paid for as provided for in subsection (d) of this section and § 16-64-1.2. The city or town determined to be responsible to DYCF for a per-pupil special education cost pursuant to § 16-64-1.2 shall pay its share of the cost of educational services to DCYF or to the facility providing educational services.
(d) Children placed by DCYF in group homes, child caring facilities, community residences, or other residential facilities shall have the entire cost of their education paid for by DCYF if:
(1) The facility is operated by the state of Rhode Island or the facility has a contract with DCYF to fund a pre-determined number of placements or part of the facility's program;
(2) The facility is state-licensed; and
(3) The facility operates an approved on-grounds educational program, whether or not the child attends the on-grounds program.
SECTION
3. Section 16-77.1-2 of the
General Laws in Chapter 16-77.1 entitled “Funding of Charter Public Schools” is
hereby amended to read as follows:
16-77.1-2. Operating costs. – (a) Operating costs of a charter public school shall be the total of the per pupil payments for each student attending the charter public school. The per pupil payment for each student shall be determined based on the per pupil cost for the district of residence of each student. The state's share of the per pupil amount for each student attending the charter public school shall be paid by the state directly to the charter public school and shall be the percent, or share ratio, previously calculated under chapter 7 of this title minus the five percent (5%) of per pupil cost designated for indirect cost support to the student's school district as defined in subsection (b). The five percent (5%) indirect cost amount shall be deducted from the district per pupil cost before the state share is derived by applying the share ratio to the district per pupil cost. The local share of the per pupil amount for each student attending the charter public school shall be paid to the charter public school by the district of residence of the student and shall be the per pupil cost for the district of residence of the student minus the state share of that per pupil cost as designated in this section.
(b) In addition to all state aid to education paid to a local district pursuant to chapter 7.1 of this title, the state will pay an additional amount to the district for each student from this district who is attending a charter public school. The additional amount of state aid per pupil shall be five percent (5%) of the district’s per pupil cost. The additional state aid shall be for the purpose of assisting local school districts to undertake the indirect costs borne by a district when its student attends a charter public school.
(c) The state department
of elementary and secondary education shall annually determine both the state
and local share of each charter public school's operating costs by deriving the
respective shares associated with each student enrolled
in reported as a member of
the charter public school as of October 1
June 30 of the prior school reference
year as defined in §16-7-16 (11) (or the enrollment as of October 1 of the current
school year in the first year of operation of a charter school). All other data
used in this determination shall be based upon the reference year as defined in
§ 16-7-16(11).
(d) The state shall make
payments of its share of operating costs to each charter public school on a
quarterly basis in July, October, January, and April. The July and October
payments will be based upon the reported student enrollment
membership of the charter public school
as of October 1 of the prior school June 30 of the reference year as defined in §16-7-16(11) (or the enrollment as of October 1 of the current
school year in the first year of operation of a charter school). Charter public
schools will report current student enrollment, including district of residence
for school purposes of each student enrolled, and each district will report
current total district operating expenses and total district enrollments
(including district students enrolled in charter public schools) annually by
October 1. If the October 1 data on a charter public school's student
enrollment show a ten percent (10%) or greater increase or decrease in students enrollment
from the preceding October 1 June membership count, the third and fourth
quarter payments to the charter public school will be adjusted to reflect
actual student enrollment in the charter public school.
(e) Local district payments to charter public schools for each district's students enrolled in the charter public school shall also be made quarterly as designated in subsection (d); the first local district payment shall be made by August 15 instead of July. Any local school district more than thirty (30) days in arrears on a quarterly payment for its student(s) enrolled in a charter public school shall have the amount of the arrearage deducted from state aid to that district and the withheld arrearage shall be paid by the state directly to the charter public school.
(f) Local school districts with student(s) enrolled in a charter public school shall continue to report these students in the total census of district public school students and will receive state aid for all these students pursuant to the provisions of chapter 7.1 of this title.
(g) All entitlements except those provided for in § 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures is appropriated.
SECTION 4. Sections 16-77-3, 16-77-5, and 16-77-8 of the General Laws 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 § 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 preceding 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.
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 2006-2007 or 2007-2008 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 § 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.
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 2006-2007 or 2007-2008 school year.
16-77-8. Oversight by commissioner. – (a) Individuals or groups may complain to a charter school's
governing body concerning any claimed violation of the provisions of this
chapter by the school. If, after presenting their complaint to the governing
body, the individuals or groups believe their complaint has not been adequately
addressed, they may submit their complaint to the commissioner of elementary
and secondary education who shall hear and decide the issue pursuant to §§
16-39-1 and 16-39-2.
(b) Charter school approval for establishment or continuation shall be for up to a five (5) year period. In either case, board of regents approval is required. However, the charter may be revoked at any time if the school:
(1) Materially violates provisions contained in the charter;
(2) Fails to meet or pursue the educational objectives contained in the charter;
(3) Fails to comply with fiscal accountability procedures as specified in the charter; or
(4) Violates provisions of law that have not been granted variance by the board of regents.
(c) After denying or prior to nonrenewing or revoking a charter, the department of elementary and secondary education will hold a hearing on the issues in
controversy under § 16-39-1.
(d) No more than twenty
(20) charters, serving no more than four percent (4%) of the state's school age
population, shall be granted. At least ten (10) of the twenty (20) total
charters shall be reserved for charter school applications which are designed
to increase the educational opportunities for at-risk pupils. No more than two (2) charters may be granted in a single
school district, except that if a district has more than twenty thousand
(20,000) students then four (4) charters may be granted.
SECTION 5.
Section 16-77.1-2 of the General Laws in Chapter 16-77.1 entitled "Funding
of Charter Public Schools" is hereby amended to read as follows:
16-77.1-2. Operating costs. -- (a) Operating costs of a charter public school shall be the total of the per pupil payments for each student attending the charter public school. The per pupil payment for each student shall be determined based on the per pupil cost for the district of residence of each student. The state's share of the per pupil amount for each student attending the charter public school shall be paid by the state directly to the charter public school and shall be the percent, or share ratio, previously calculated under chapter 7 of this title; provided, that in no case shall the ratio be less than thirty percent (30%), minus the five percent (5%) of per pupil cost designated for indirect cost support to the student's school district as defined in subsection (b). The five percent (5%) indirect cost amount shall be deducted from the district per pupil cost before the state share is derived by applying the share ratio to the district per pupil cost. The local share of the per pupil amount for each student attending the charter public school shall be paid to the charter public school by the district of residence of the student and shall be the per pupil cost for the district of residence of the student minus the state share of that per pupil cost as designated in this section.
(b) In addition to all state aid to education paid to a local district pursuant to chapter 7.1 of this title, the state will pay an additional amount to the district for each student from this district who is attending a charter public school. The additional amount of state aid per pupil shall be five percent (5%) of the districts per pupil cost. The additional state aid shall be for the purpose of assisting local school districts to undertake the indirect costs borne by a district when its student attends a charter public school.
(c) The state department of elementary and secondary education shall annually determine both the state and local share of each charter public school's operating cost by deriving the respective shares associated with each student enrolled in the charter public school as of October 1 of the prior school year (or as of October 1 of the current school year in the first year of operation of a charter school). All other data used in this determination shall be based upon the reference year as defined in section 16-7-16(11).
(d) The state shall make payments of its share of operating cost to each charter public school on a quarterly basis in July, October, January, and April. The July and October payments will be based upon the reported student enrollment of the charter public school as of October 1 of the prior school year (or as of October 1 of the current school year in the first year of operation of a charter school). Charter public schools will report current student enrollment, including district of residence for school purposes of each student enrolled, and each district will report current total district operating expenses and total district enrollments (including district students enrolled in charter public schools) annually by October 1. If the October 1 data on a charter public school's student enrollment show a ten percent (10%) or greater increase or decrease in student enrollment from the preceding October 1, the third and fourth quarter payments to the charter public school will be adjusted to reflect actual student enrollment in the charter public school.
(e) Local district payments to charter public schools for each district's students enrolled in the charter public school shall also be made quarterly as designated in subsection (d); the first local district payment shall be made by August 15 instead of July. Any local school district more than thirty (30) days in arrears on a quarterly payment for its student(s) enrolled in a charter public school shall have the amount of the arrearage deducted from state aid to that district and the withheld arrearage shall be paid by the state directly to the charter public school.
(f) Local school districts with student(s) enrolled in a charter public school shall continue to report these students in the total census of district public school students and will receive state aid for all these students pursuant to the provisions of chapter 7.1 of this title.
(g) All entitlements except those provided for in section 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures is appropriated.
SECTION 6. Sections 16-7.1-10 and 16-7.1-15 of the General Laws in Chapter 16-7.1 entitled “The Rhode Island Student Investment Initiative” are hereby amended to read as follows:
16-7.1-10. Professional development investment fund. – (a) In order to continue developing the skills of Rhode Island's teachers, administrators and staff, the general assembly establishes a Professional Development Investment Fund. The general assembly shall annually appropriate some sum and distribute it based on a pupil-teacher ratio that shall be adjusted annually by the commissioner of elementary and secondary education. School districts, including collaboratives established pursuant to chapter 16-3.1, may use funds received under this category of education aid to replace up to, but no more than, fifty percent (50%) of the amount the school district spent for professional development programs in the previous fiscal year. The expenditure of these funds shall be determined by a committee at each school consisting of the school principal, two (2) teachers selected by the teaching staff of the school, and two (2) parents of students attending the school. Schools that enroll students in the early grades (kindergarten through grade three (3)) must expend these funds on the development of 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 to improve students reading performance. Schools that have met their performance targets in reading for the current academic year and are not designated as a school in need of improvement, may expend their Professional Development Investment Funds on professional development in the core academic subjects of mathematics, writing, or reading to improve student performance.
Collaborative programs between schools are encouraged. These resources shall be used to close student performance gaps in accordance with the school's and district's strategic plan pursuant to § 16-7.1-2. Additional funds shall be allocated to the department of elementary and secondary education to support teacher and administrator professional development in all districts, including, but not limited to:
(1) Supporting mentoring systems;
(2) Providing school districts with program support to assist teachers in local school districts to improve reading instruction and enhance the integration of reading
throughout the curriculum with the goal of improving student performance to high standards;
(3) Support for the design and implementation of leadership development for the teacher to assume leadership roles or ultimately prepare for administrator;
(4) Development of a plan for formal training of school leaders in standards based instruction, school improvement planning, effective use of data in the
decision-making process, community involvement and creation of governance structures;
(5) Support for national board certification of teachers, application fees for a certificate of clinical competence issued by the American speech-language hearing
association, and grants for coordination and support of school based teacher professional development; and
(6) The practice of scientific research based reading instruction to improve reading performance.
(b) In FY 2003, the additional funds allocated to the department of elementary and secondary education pursuant to this section shall be used only to support the activities described in subdivisions (a)(2) and (a)(5) of this section.
(c) Out of the funds appropriated by the general assembly for professional development in subsection (a) of this section, twenty-five percent (25%) shall be set aside for district-wide professional development activities. The expenditure of this district-wide professional development set-aside shall be determined by a committee in each district consisting of the superintendent or his or her designee, three (3) teachers appointed by the collective bargaining agent, and one member of the Rhode Island department of elementary and secondary education field service team servicing that school district designated by the commissioner of elementary and secondary education. The expenditure must be aligned with the district strategic plan as well as ongoing professional development programs approved by the department of elementary and secondary education. Collaborative programs between school districts are permissible.
(d) Beginning in FY 2006, professional development funds
shall only be spent with the prior approval of the commissioner of elementary
and secondary education upon submission of a district level plan which
incorporates the school level plans and which details the use of the
funds. These plans shall to the extent
possible call for professional development activities that are embedded or do
not otherwise encroach upon student instruction time. The requirements of this paragraph shall apply to both
district-wide professional development activities and professional development
activities determined by the school-level committees.
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 2004 2005.
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. 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 2005 2006
under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) shall be not less than aid received in FY 2004 as follows:
Barrington 2,479,907
Burrillville 13,145,661
Charlestown 1,910,676
Coventry 19,151,316
Cranston 33,943,638
Cumberland 12,646,981
East Greenwich 1,860,042
East Providence 25,530,776
Foster 1,351,283
Glocester 3,065,960
Hopkinton 5,954,153
Jamestown 507,432
Johnston 10,413,088
Lincoln 7,062,603
Little Compton 351,839
Middletown 10,014,086
Narragansett 1,809,860
Newport 11,253,278
New Shoreham 101,451
North Kingstown 11,434,463
North Providence 12,623,955
North Smithfield 4,611,787
Pawtucket 63,782,029
Portsmouth 5,962,443
Providence 185,048,912
Richmond 5,903,843
Scituate 3,250,400
Smithfield 5,407,726
South Kingstown 9,948,816
Tiverton 5,659,091
Warwick 35,894,621
Westerly 6,528,189
West Warwick 19,499,965
Woonsocket 45,425,511
Bristol-Warren 19,554,956
Exeter-West Greenwich 7,308,493
Chariho 380,004
Foster-Glocester 5,466,199
Central Falls 41,319,965
This special provision shall not limit
entitlements as determined by application of other formula provisions in this
section.
(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 7. Section 16-8-10.1 of the General Laws in Chapter
16-8 entitled “Federal Aid” is hereby amended to read as follows:
16-8-10.1. Mandatory school breakfast programs. – (a) All public schools shall make a breakfast program available to students attending the school. The breakfast meal shall meet any rules and regulations that are adopted by the commissioner.
(b) Any costs (other than transportation costs) associated with
this program in excess of available federal money shall be borne exclusively by
the state of Rhode Island and not by municipalities. The state of
Rhode Island shall provide school districts a per breakfast subsidy for each
breakfast served to students. The
general assembly shall annually appropriate some sum and distribute it based on
each district’s proportion of the number of breakfasts served in the prior
school year relative to the statewide total in the same year. This subsidy shall augment the nonprofit
school food service account and be used for expenses incurred in providing
nutritious breakfast meals to students.
SECTION 8.
Section 16-7-41 of the General Laws in Chapter 16-7 entitled "Foundation
Level School Support" is hereby amended to read as follows:
16-7-41. Computation of school housing aid. -- (a) In each fiscal year the state shall pay for the benefit of each community a grant to be applied to the cost of school housing equal to the following:
The cost of each new school housing project certified to the commissioner of elementary and secondary education not later than July 15 of the fiscal year shall be divided by the actual number of years of the bond issued by the local community or the Rhode Island Health and Educational Building Corporation in support of the specific project, times the school housing aid ratio; and provided, further, with respect to costs of new school projects financed with proceeds of bonds issued by the local community or the Rhode Island Health and Educational Building Corporation in support of the specific project, the amount of the school housing aid payable in each fiscal year shall not exceed the amount arrived at by multiplying the principal and interest of the bonds payable in each fiscal year by the school housing aid ratio and which principal and interest amount over the life of the bonds, shall, in no event, exceed the costs of each new school housing project certified to the commissioner of elementary and secondary education. If a community fails to specify or identify the appropriate reimbursement schedule, the commissioner of elementary and secondary education may at his or her discretion set up to a five (5) year reimbursement cycle for projects under five hundred thousand dollars ($500,000); up to ten (10) years for projects up to three million dollars ($3,000,000); and up to twenty (20) years for projects over three million dollars ($3,000,000).
(b) Aid shall be provided for the same period as the life of the bonds issued in support of the project and at the school housing aid ratio applicable to the local community at the time of the bonds issued in support of the project.
(c) Aid shall be paid either to the
community or in the case of projects financed through the Rhode Island Health
and Educational Building Corporation, to the Rhode Island Health and Educational
Building Corporation or its designee including, but not limited to, a trustee
under a bond indenture or loan and trust agreement, in support of bonds issued
for specific projects of the local community in accordance with this section,
section 16-7-40 and section 16-7-44.
Notwithstanding the preceding,
in case of failure of any city, town or district to pay the amount due in
support of bonds issued on behalf of a city or town school project financed by
the Rhode Island Health and Educational Building Corporation, upon notification
by the Rhode Island Health and Educational Building Corporation, the general
treasurer shall deduct the amount from aid provided under this section, section
16-7-40 and section 16-7-44 due the city, town or district and direct said
funding to the Rhode Island Health and Educational Building Corporation or its
designee.
(d) Payments shall be made in accordance with section 16-7-40 and this section.
SECTION
9. (a) The department of elementary and secondary education shall adopt rules
and regulations for the approval of school construction projects eligible for
reimbursement by the state. The rules and regulations for approval of projects
for housing aid reimbursement shall be on the basis of project enrollments and
a uniform system of allowable square feet per student and cost per square foot.
(b)
The rules and regulations shall be submitted to the general assembly by January
1, 2007 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.
SECTION
10. Section 45-13-13 of the General Laws in Chapter
45-13 entitled "State Aid" is hereby repealed.
45-13-13. Adjustments to tax levy, assessed value, and full value when
computing state aid. -- (a)
Whenever the director of administration computes the relative wealth of
municipalities for the purpose of distributing state aid in accordance with
title 16 and the provisions of section 45-13-12, the following adjustments
shall be made:
(1) The tax levy of each municipality shall be adjusted upward by
the amount of payment in lieu of tax revenue estimated to be received by a
municipality pursuant to a tax treaty agreement authorized by a special public
law or by reason of agreements between a municipality and the economic
development corporation in accordance with section 42-64-20;
(2) Simultaneously, the assessed value, full value and equalized
weighted assessed value of the municipality shall also be adjusted upward to
reflect the imputed value of the tax treaty property as if the payment in lieu
of tax revenues received pursuant to the agreements identified above had
resulted from a tax levy;
(3) Fire district tax levies within a city or town shall be
included as part of the total levy attributable to that city or town.
(b) The changes as required by subdivisions (a)(1) through (a)(3)
shall be incorporated into the computation of entitlements effective for
distribution in fiscal year 2002-2003 and thereafter.
SECTION 11. Chapter 16-45 of the General Laws entitled
"Regional Vocational Schools" is hereby amended by adding thereto the
following section:
16-45-6.1. Career and
technical education. --
The general assembly finds that career and
technical education programs that meet rigorous industry standards and prepare
Rhode Island's students to succeed in a wide variety of employment settings are
a critical component of the state's public education system and a necessary element
of the state's economic development.
The
general assembly further finds that the proportion of students now enrolled in
such programs is inadequate. Therefore, all Rhode Island school districts shall
file a plan with the Commissioner of Elementary and Secondary Education no
later than January 1, 2006 setting forth the means through which no fewer than
forty (40) percent of their students enrolled in grades nine (9) through twelve
(12) shall be provided the opportunity to enroll in career and technical
programming that is certified by the Rhode Island Department of Education as
meeting industry standards by September 2007.
To
facilitate the development of additional career and technical program offerings
for Rhode Island students that meet industry standards the department of
elementary and secondary education shall, in furtherance of the reports and
studies that have been developed since 2000 setting forth recommendations for
an updated system of career and technical education for the State of Rhode Island,
develop a system design that includes site assessments of all current career
and technical programs and sets forth standards and procedures for the
department of elementary and secondary education to approve programs that are
developed in cooperation with business industry and postsecondary institutions.
The department shall also develop a system design for three additional state
operated career and technical schools, in additional to the William H. Davies
School and the Metropolitan Career and Technical Center, including
recommendations for a model for the siting, building costs, operational costs
and program design for each such school. The general assembly shall appropriate
funds to the department for purposes of their completion of the system design
for the statewide program approval process to industry standards and the
development of the models, siting and program design of the three additional
state operated career and technical schools.
SECTION
12. This
article shall take effect on July 1, 2005.
ARTICLE 14 SUBSTITUTE A
RELATING TO REGISTRATION OF NURSING ASSISTANTS
SECTION
1. Sections 23-17.9-5, 23-17.9-6 and 23-17.9-7 of the
General Laws in Chapter 23-17.9 entitled "Registration of Nursing
Assistants" are hereby amended to read as follows:
23-17.9-5. Qualifying
examination. -- Nursing assistants as defined in section 23-17.9-2 who
are employed or have had experience as a nursing assistant prior to the
enactment of this chapter, and the effective date of the regulations
promulgated in relation to this chapter, shall pass the appropriate level of
examination administered by the department approved by the director in lieu of
the training program. Exempt from the qualifying examination are home health
aides/homemakers who have successfully passed the qualifying examination and/or
successfully completed an approved home health aide/homemaker program under the
provisions of chapter 17.7 of this title and the regulations promulgated in
relation to that chapter. Also exempt from the qualifying examination are
classes of individuals, regardless of employment setting, who are exempted from
examination by federal statute or regulations and these exemptions shall be
defined according to rules and regulations promulgated by the department of
health. Successful completion of the qualifying examination and the provisions
of this section shall be deemed satisfactory for employment as a nursing
assistant. Unless exempted by rules and regulations promulgated by the
department of health, each application must be submitted with a processing fee
of twenty-five dollars ($25.00) to be paid by the employing facility or agency
if the applicant has been continuously employed by the facility for six (6)
months prior to the application or by another responsible party as defined in
rules and regulations promulgated by the department of health consistent with
federal statutory and/or regulatory requirements; but, if the applicant is
unemployed, to be submitted by the applicant. If the applicant shall be
continuously employed by the same facility for six (6) months after the
application, then the fee shall be directly refunded to the applicant by the
facility or agency. If federal statutory or regulatory requirements mandate
that the certifying agency conduct an examination of manual skills proficiency
as a component of the examination process to meet minimal federal compliance, a
manual skills proficiency examination may be required by rules and regulations
promulgated by the department of health for all applicants not otherwise
exempted from the examination requirements. If a manual skills proficiency
examination is required to be conducted by the certifying agency as a component
of the certifying examination, each application shall be accompanied by a total fee not to exceed sixty-five dollars ($65.00) ninety-five
dollars ($95.00) to be paid by the employing facility or agency if
the applicant has been continuously employed by the facility for six (6) months
prior to the application or by another responsible party as defined in rules
and regulations promulgated by the department of health consistent with federal
statutory and/or regulatory requirements; but, if the applicant is unemployed,
to be submitted by the applicant. If the applicant shall be continuously
employed by the same facility for six (6) months after the application, then
the fee shall be directly refunded on a pro rata basis between months six (6)
and twelve (12) to the applicant by the facility or agency.
23-17.9-6. Registration. -- Every nursing assistant being employed as a nursing assistant or offering services as a nursing assistant must obtain a certificate of registration issued by the department. Every nursing assistant, prior to being issued a certificate of registration by the department, shall successfully complete the training program and/or qualifying examination as required by sections 23-17.9-3 and 23-17.9-5 unless otherwise exempt from the requirements. All applicants not otherwise exempted are required to complete the process of training and examination within a period of one year from the date of initiation of training. Failure to successfully complete this process within one year requires that the applicant repeat the training program and be retested. All nursing assistants shall be registered with and qualified by the department of health. The fee for registration is twenty-four dollars ($24.00). The department shall keep a register in which are entered the names of all persons to whom certificates of registration are issued under this chapter and the register shall be open to public inspection. In addition, if required by federal mandate the department will also keep a separate nurse aide registry.
23-17.9-7. Renewal of
certificate of registration. -- Every holder of a nursing assistant
certificate of registration shall register biennially by making application to
the department on forms provided by the agency. The renewals shall be granted
as a matter of course, upon payment of a fee of twenty-four dollars ($24.00)
unless the agency finds that the applicant has acted or failed to act in a
manner under the circumstances that would constitute grounds for suspension or
revocation of a certificate of registration.
SECTION 2.
This article
shall take effect as of July 1, 2005.
ARTICLE 15 SUBSTITUTE A
Relating To Child Support Enforcement
SECTION 1. Section 44-1-2 of the General Laws in Chapter 44-1 entitled “State Tax Officials” is hereby amended to read as follows:
44-1-2. Powers and duties of tax administrator. – The tax administrator is required:
(1) To assess and collect all taxes previously assessed by the division of state taxation in the department of revenue and regulation, including the franchise tax on domestic corporations, corporate excess tax, tax upon gross earnings of public service corporations, tax upon interest bearing deposits in national banks, the inheritance tax, tax on gasoline and motor fuels, and tax on the manufacture of alcoholic beverages;
(2) To assess and collect the taxes upon banks and insurance companies previously administered by the division of banking and insurance in the department of revenue and regulation, including the tax on foreign and domestic insurance companies, tax on foreign building and loan associations, deposit tax on savings banks, and deposit tax on trust companies;
(3) To assess and collect the tax on pari-mutuel or auction mutuel betting, previously administered by the division of horse racing in the department of revenue and regulation;
(4) To collect the fees and to account for all funds relating to the registration of motor vehicles and the licensing of operators, previously administered by the division of motor vehicles in the department of revenue and regulation;
(5) To operate a statewide child
support enforcement program. The division of taxation will be responsible for
activities assigned to it by law, including, but not limited to, establishing
paternity, establishing enforcing and modifying child support and medical
orders pursuant to IV-D of the Social Security Act, 42 USC § 651 et seq., title
15 of the Rhode Island general laws and other appropriate state and federal
child support laws and regulations.
SECTION 2. Chapter
42-12 of the General Laws entitled “Department of Human Services” is hereby
amended by adding thereto the following section:
42-12-28. Child support enforcement functions. – (a) The department of human services is authorized and
directed to operate a statewide child support enforcement program. The department shall be responsible for
activities assigned to it by law, including, but not limited to, establishing
paternity, establishing, enforcing, modifying child support and medical orders,
and the collection and distribution of payments of child and medical support,
pursuant to IV-D of the Social Security Act, 42 USC § 651 et seq., titles 15
and 40 of the Rhode Island general laws and other applicable state and federal
child support laws and regulations.
(b) The department is authorized to
provide by rule for the payment of child support and/or medical support
received from any in-state, or interstate employers, making income
withholdings, and from collections received from other state collection and
disbursement units and foreign jurisdictions, by electronic funds transfer
(EFT) when the child support and/or medical support is required to be paid in
connection with a court or administrative order for support to the state's
central collection and disbursement unit.
The department may promulgate any regulations necessary to implement
this section including regulations that specify the form, frequency, and
content of electronic funds transfer messages and electronic data information
in order to insure the proper receipt and crediting of the child support and/or
medical support payments. The department and the tax administrator, division of
taxation, department of administration, are authorized to enter into
cooperative agreements to facilitate and coordinate the electronic funds
transfer, receipt and crediting of child support and/or medical support
payments, in furtherance of their respective duties and functions under this
section and section 44-1-31.
SECTION 3. In any general or special law of the State of Rhode Island, specifically but not limited to Title 8, Chapter 10, Sections 3(e) and 3.1(f); Title 11, Chapter 2; Title 15, Chapter 5, Section 16.2.1; Title 15, Chapters 9, 10, 11, 11.1, 13, 16, 18, 20, 21 and 22; Title 27, Chapter 57; Title 28, Chapter 44; Title 31, Chapter 2; Title 40, Chapters 5 and 6; Title 42, Chapter 61; and Title 44, Chapter 30.1 of the General Laws of Rhode Island, 1956, as amended, references to the tax administrator within the department of administration shall be construed to refer to the director of the department of human services; provided, however, that the director of the department of human services may delegate such duties and responsibilities as he or she may deem appropriate. The law revision officer of the joint committee on legislative affairs is authorized and empowered to make appropriate changes in the aforesaid sections and any other section of the law to carry out the intent of this article.
SECTION 4. Any revenue collection duties conferred upon the department of human services or the director of the department of human services, or any reference to child support enforcement, collections and establishment duties of the department of human services, Rhode Island Child Support Services or bureau of family support, or the department of administration, division of taxation, child support enforcement in any general or special law of the State of Rhode Island, specifically but not limited to Title 8, Chapter 10, Sections 3(e) and 3.1(f); Title 11, Chapter 2; Title 12, Chapter 1, Section 14; Title 15, Chapter 5, Section 16.2.1; Title 15, Chapters 9, 10, 11, 1.1, 13, 16, 18, 20, 21 and 22; Title 27, Chapter 57; Title 28, Chapter 44; Title 31, Chapter 2; Title 40, Chapters 5 and 6; Title 40, Chapter 40-5.1, Sections 2 and 47; Title 40, Chapter 6, Section 9;Title 42, Chapter 61; and Title 44, Chapter 30.1 shall be construed to refer to the department of human services. Any reference to the tax administrator with reference to the child support enforcement and collection of revenues, shall be construed to refer to the director of the department of human services. Any revenue collection duties conferred upon the tax administrator shall be construed to be the director of the department of human services; provided, however, that the director of the department of human services may delegate such duties and responsibilities as he or she may deem appropriate.
SECTION 5. The law revision officer of the joint committee on legislative affairs is authorized and empowered to make appropriate changes in Title 8, Chapter 10, Sections 3(e) and 3.1(f); Title 11, Chapter 2; Title 15, Chapter 5, Section 16.2.1; Title 15, Chapters 9, 10, 11, 11.1, 13, 16, 18, 20, 21 and 22; Title 27, Chapter 57; Title 28, Chapter 44; Title 31, Chapter 2; Title 40, Chapters 5 and 6; Title 42, Chapter 61; and Title 44, Chapter 30.1 and any other sections of the general laws to carry out the intent of this article.
SECTION 6. Transfer determinations. -- The director of administration, with the approval of the governor, shall make the conclusive determination of the property, personnel, records, appropriations balances, allocations and other funds to be transferred to the department of human services in connection with the functions transferred thereto by the provisions of this article. Such further measures and dispositions as the director of administration, with the approval of the governor, shall deem necessary in order to effectuate the transfer of functions provided in this article shall be carried out as he may direct and by such agencies as he shall designate.
SECTION 7. Continuity of administrative duties and responsibilities -- In order to insure continuity of administrative duties and responsibilities, the actual transfer of functions or any parts thereof to the department of human services, may be postponed after July 1, 2005 until such time, as determined by the director of administration, that the transfer herein provided can be put into force and effect.
SECTION 8. Preservation of rights and remedies. -- The transfer of any function as provided in this article shall not impair the obligation of any contract or agreement nor abate any suit, action or other proceeding lawfully commenced by or against the head of any agency or officer of the state of Rhode Island in his or her official capacity or in relation to the discharge of his or her official duties. Notwithstanding, the court may, on motion filed within twelve (12) months after this article takes effect, allow such a suit, action or proceeding to be maintained by or against his or her successor of such head or officer under the reorganization effected by this article or, if there be no successor, against such agency or officer which succeeded to the functions transferred by this article.
SECTION 9. Severability of Provisions. -- If any provisions of this article or of any rule or regulation made hereunder, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this article or any rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this article shall not affect the validity of the remainder of the article.
SECTION 10. Liberal Construction of Article Required. -- This article shall be construed liberally in aid of its declared purposes.
SECTION 11. This article shall take effect as of July 1, 2005.
ARTICLE 16 SUBSTITUTE A AS AMENDED
RELATING TO TAXATION
SECTION 1. Section 44-11-42 of the General Laws in Chapter 44-11 entitled "Business Corporation Tax" is hereby repealed.
44-11-42. Tax credit for
quality certification. [Effective July 1, 2005.] -- (a) Any
taxpayer which receives a quality standard certification evidencing compliance with
the “ISO 9000” or “ISO 14000” standards as the same are developed, published
and amended from time to time by the International Standard Organization shall
be entitled to a tax credit equal to the cost incurred to obtain, renew, modify
or maintain such certification. The credit under this section may be taken as
an offset against the Rhode Island business corporation tax or the Rhode Island
personal income tax in the case of subchapter "S" corporations, but
in no event shall reduce either tax to below the minimum due or result in a
refund.
(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 2.
Section 42-63.1-12 of the General Laws in Chapter 42-63.1 entitled
"Tourism and Development" is hereby amended to read as follows:
42-63.1-12. Distribution
of tax to Rhode Island Convention Center Authority. -- (a) The proceeds
of the hotel tax generated by any and all hotels in
which the Rhode Island convention center authority maintains a majority
ownership interest therein physically
connected to the Rhode Island Convention Center shall be distributed
as follows: twenty-seven percent (27%) shall be deposited as general revenues;
thirty-one percent (31%) shall be given to the convention authority of the city
of Providence; twelve percent (12%) shall be given to the greater
Providence-Warwick convention and visitor's bureau; thirty percent (30%) shall
be given to the Rhode Island convention center authority to be used in the
furtherance of the purposes set forth in this
chapter section 42-99-4.
(b) The Rhode Island Convention Center Authority is authorized and empowered to enter into contracts with the Greater Providence-Warwick Convention and Visitors' Bureau in the furtherance of the purposes set forth in this chapter.
SECTION 3.
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, 2005 2006, 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, 2005 2006.
SECTION 4.
Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal
Income Tax" is hereby amended to read as follows:
44-30-2.6. Rhode Island taxable income -- Rate of tax. -- (a) "Rhode Island taxable income" means federal taxable income as determined under the Internal Revenue Code, 26 U.S.C. section 1 et seq., not including the increase in the basic standard deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), and as modified by the modifications in section 44-30-12.
(b) Notwithstanding the provisions of sections 44-30-1 and 44-30-2, for tax years beginning on or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter of the federal income tax rates, including capital gains rates and any other special rates for other types of income, except as provided in section 44-30-2.7, which were in effect immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable year 2002 and thereafter in the manner prescribed for adjustment by the commissioner of Internal Revenue in 26 U.S.C. section 1(f).
(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by multiplying the federal tentative minimum tax without allowing for the increased exemptions under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer's Rhode Island alternative minimum tax.
(1) For tax years beginning on or
after January 1, 2005 and thereafter the exemption amount for alternative
minimum tax, for Rhode Island purposes, shall be adjusted for inflation by the
tax administrator in the manner prescribed for adjustment by the commissioner
of Internal Revenue in 26 U.S.C. Section 1(f).
(d) Credits against tax. - For tax years beginning on or after January 1, 2001, a taxpayer entitled to any of the following federal credits enacted prior to January 1, 1996 shall be entitled to a credit against the Rhode Island tax imposed under this section:
(1) earned income credit;
(2) child and dependent care credit;
(3) general business credits;
(4) foreign tax credit;
(5) credit for elderly or the disabled;
(6) credit for prior year minimum tax;
(7) mortgage interest credit;
(8) empowerment zone employment credit;
(9) qualified electric vehicle credit;
The credit shall be twenty-five and one-half percent (25.5%) of the listed federal credits for tax year 2001, and shall be twenty-five percent (25%) of the aforementioned federal credits for tax year 2002 and thereafter; provided, there shall be no deduction based on any federal credits enacted after January 1, 1996, including the rate reduction credit provided by the federal Economic Growth and Tax Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax purposes shall determine the Rhode Island amount to be recaptured in the same manner as prescribed in this subsection.
SECTION 5. 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 section 31-36-7, less refunds and credits, shall be transferred to the Rhode Island public transit authority as provided under section 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). Thereafter, until fiscal year 2006, the allocation shall be six and twenty-five hundredth cents ($0.0625). For fiscal year 2006 and thereafter the allocation shall be seven and twenty-five hundredth cents ($0.0725); provided, that expenditures shall include the costs of a market survey of non-transit users and a management study of the agency to include the feasibility of moving the Authority into the Department of Transportation, both to be conducted under the auspices of the state budget officer. The state budget officer shall hire necessary consultants to perform the studies, and shall direct payment by the Authority. Both studies shall be transmitted by the Budget Officer to the 2006 session of the General Assembly, with comments from the Authority. 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, 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, until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year 2006 and thereafter one cent ($0.01) 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 Rhode Island public transit authority, the department of elderly affairs and the general fund, shall be made within twenty-four (24) hours of receipt or previous deposit of the funds in question.
(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 budget for proposed expenditures for the succeeding fiscal year in compliance with sections 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 section 31-36-20 to advance sums to the fund, for the purposes specified in section 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 6.
Section 44-20-13.2 of the General Laws in Chapter 44-20 entitled
"Cigarette Tax" is hereby amended to read as follows:
44-20-13.2. Tax
imposed on smokeless tobacco, cigars, and pipe tobacco products. -- A
tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold
or held for sale in the state by any person, the payment of the tax to be
accomplished according to a mechanism established by the administrator,
division of taxation, department of administration. Any tobacco product on which
the proper amount of tax provided for in this chapter has been paid, payment
being evidenced by a stamp, is not subject to a further tax under this chapter.
The tax imposed by this section is at the rate of thirty
forty percent (30%)(40%) of the
wholesale cost of smokeless tobacco, cigars, and pipe tobacco products. The
proceeds collected are paid into the general fund.
SECTION 7. Chapter
44-19 of the General Laws entitled "Sales and Use Tax-Enforcement and
Collection" is hereby amended by adding thereto the following sections:
44-19-10.1. Prepayment
of Sales Tax on Cigarettes.-- (a) Every
distributor and dealer licensed pursuant to chapter 44-20 shall pay, as a
prepayment for the taxes imposed by chapter 44-18, a tax on cigarettes
possessed for sale or use in this state and upon which the distributor or
dealer is required to affix cigarette stamps pursuant to chapter 44-20. The tax shall be computed annually by
multiplying the minimum price of standard brands of cigarettes in effect as of
April 1, 2005 and each April 1 thereafter, by the tax rate imposed by sections
44-18-18 and 44‑18‑20. The
minimum price of standard brands of cigarettes shall be determined in
accordance with Chapter 13-6 of the General Laws and the regulations
promulgated by the tax administrator.
The tax shall be prepaid at the time the distributor or dealer purchases
such stamps from the tax administrator.
However, the tax administrator may, in his or her discretion, permit a
licensed distributor or licensed dealer to pay for the prepayment within thirty
(30) days after the date of purchase, provided that a bond satisfactory to the
tax administrator in an amount not less than the prepayment due shall have been
filed with the tax administrator conditioned upon payment for the prepayment of
sales tax. The tax administrator shall
keep accurate records of all stamps sold to each distributor and dealer.
(b) The provisions of section 44-20-12
relating to the use of stamps to evidence payment of the tax imposed by chapter
44-20 shall be applicable to the prepayment requirement of the sales/use tax
imposed by this section. Provided,
however, no sales/use tax is required to be prepaid on sales of cigarettes sold
to the United States, its agencies and instrumentalities or the armed forces of
the United States, this state (including any city, town, district or other
political subdivision) and any other organization qualifying as exempt under
section 44-18-30(5).
(c) Except as otherwise provided in
this section, all other provisions of chapters 18 and 19 of title 44 applicable
to administration and collection of sales/use tax shall apply to the prepayment
requirement pursuant to this section.
(d) All taxes paid pursuant to this
section are conclusively presumed to be a direct tax on the retail consumer,
precollected for the purpose of convenience and facility only.
44-19-10.2. Floor Stock Tax on Inventory.-- (a) A floor tax is imposed on the inventory of stamped
packages of cigarettes held for sale in this state at 12:01 AM on July 1, 2005,
other than the inventory of cigarettes offered for sale to a consumer at
retail. The floor tax will apply to the
stamped cigarette inventory of distributors and dealers, but not to the
inventory of retail sellers to the extent the inventory is held for retail
sale. If a distributor or dealer also
sells at the retail level, the stamped inventory held for sale at a retail
location shall not be included in the inventory subject to the floor tax. In addition, the floor tax will apply to any
unaffixed tax stamps in the possession of a distributor or dealer at 12:01 AM
on July 1, 2005 that had been issued prior to that date. The inventory necessary to account for the
floor tax must be taken as of the close of business on June 30, 2005.
(b) The floor tax shall be computed in the same manner as the prepayment of sales tax on cigarettes as set forth in subsection 44-19-10.1(a).
SECTION 8.
Section 45-37.1-9 of the General Laws in Chapter 45-37.1 entitled
"Industrial Facilities Corporation" is hereby amended to read as
follows:
45-37.1-9. Exemption from taxation. -- (a) The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and will constitute the performance of an essential government function, and the corporation is not required to pay any taxes or assessments upon or in respect of a project, or any property or moneys of the corporation, levied by any municipality or political subdivision of the state, nor is the corporation required to pay state taxes of any kind, and the corporation, its projects, property, and moneys, and any bonds and notes issued under the provisions of this chapter, their transfer and the income from them, including any profit made on their sale, are at all times free from taxation of every kind by the state and by the municipalities and all other political subdivisions of the state, and the corporation is not required to pay any transfer tax of any kind on account of instruments recorded by or on its behalf or in connection with the financing of any of its projects; provided, that any person, partnership, corporation, or concern leasing a project from the corporation shall pay to the city, town, school district, or other political subdivision or special district having taxing powers, in which the project is located, a payment in lieu of taxes which equals the taxes on real and personal property which the lessee would have been required to pay, had it been the owner of the property during the period for which the payment is made, and under no circumstances are the corporation or its projects, properties, money, bonds, or notes obligated, liable, or subject to a lien of any kind for their enforcement, collection, or payment; and provided, further, that in the case of any person, partnership, corporation, or concern leasing a project from the corporation any such person, partnership, corporation or concern so leased shall be exempt from payment of state sales tax applicable to materials used in construction of such a facility only to the extent that the costs of such materials do not exceed the amount financed through the corporation .
(b) If and to the extent the proceedings under which the bonds or notes authorized to be issued under the provisions of this chapter so provide, the corporation may agree to cooperate with the lessee of a project in connection with any administrative or judicial proceedings for determining the validity or amount of payments, and may agree to appoint or designate and reserve the right in and for the lessee to take all action which the corporation may lawfully take in respect of those payments and all matters relating to them, provided, that the lessee bears and pay all costs and expenses of the corporation thereby incurred at the request of the lessee or by reason of any action taken by the lessee in behalf of the corporation. Any lessee of a project, which has paid the amounts in lieu of taxes required by the first sentence of this section, is not required to pay any taxes for which a payment in lieu thereof has been made to the state or to any city, town, school district, or other political subdivision or special district having taxing powers, notwithstanding any other statute to the contrary.
SECTION 9.
Section 44-30-98 of the General Laws in Chapter 44-30 entitled "Personal
Income Tax" is hereby amended to read as follows:
44-30-98. Refundable
earned income credit. -- A taxpayer shall be allowed a credit as
provided in section 44-30-2.6(d); provided, however, five percent (5%) ten percent (10%)
of the excess Rhode Island earned income credit will be refunded for the 2003 2005
taxable year and each taxable year thereafter.
Section
10. Section 21 of Chapter 410 of Public
Laws is hereby amended to read as follows:
SECTION 21. Payment assessments and
fees. – (a) Except as provided in this act, the fund shall pay
assessments in the same manner as an insurance carrier authorized to issue
workers’ compensation insurance in Rhode Island.
(b) In light of the express purpose of the fund to serve as
the insurance carrier of last resort, the fund shall be exempt from any taxes
due pursuant to chapter 17 of title 44.
In no event shall any amounts received by the fund relating to the workers’
compensation capital assessment be subject to any form of state taxation or
assessment.
(b) The corporation shall be subject
to the provisions of chapter 17 of title 44 of the Rhode Island general laws
and shall file returns and pay taxes in accordance therewith; provided,
however, that the corporation shall be taxed on gross premiums on contracts of
insurance written by the corporation after July 1, 2005.
(c) The corporation shall be
subject to the provisions of chapter 26 of title 44 of the Rhode Island general
laws except that the "safe harbor" provisions contained in subsection
44-26-2.1(j) shall not apply to tax year 2006 and estimated tax payments for
tax year 2006 shall be due on March 15, 2006 and June 15, 2006 in accordance
with the other provisions of chapter 26 of title 44 and such estimated payments
shall together be equal to at least two percent (2%) of the gross premiums on
contracts of insurance written by the corporation in calendar year 2005.
SECTION 11.
Sections 1, 5, 6, 7 and 10 of this article shall take effect as of July 1,
2005. Sections 2, 3, 4, 8 and 9 of this article shall take effect upon passage.
ARTICLE 17 SUBSTITUTE A
RELATING TO MOTOR VEHICLE EXCISE TAX
SECTION 1. Sections 44-34-1, 44-34-2, 44-34-3, 44-34-4,
44-34-4.1, 44-34-5, 44-34-6, 44-34-7, 44-34-8, 44-34-9, 44-34-11, 44-34-12,
44-34-13 of the General Laws in Chapter 44-34 entitled “Excise on Motor
Vehicles and Trailers” are hereby amended to read as follows:
44-34-1. Motor vehicle
and trailer excise tax. [Repealed
effective July 1, 2005.]. – There is created an excise tax on motor
vehicles for the state of Rhode Island. The cities and towns are authorized to
administer and collect the excise on registered motor vehicles and trailers in
lieu of property tax.
44-34-2. Assessment –
Valuation – Proration – Abatement and cancellation – Exemptions from tax. [Repealed effective July 1, 2005.].
– (a) Except as provided in
this section, the tax assessors of each city and town shall assess and levy in
each calendar year on every vehicle and trailer registered under chapter 3 of
title 31, for the privilege of the registration, an excise measured by its
value, as subsequently defined and determined. For the purpose of this excise,
the uniform value of each vehicle shall be determined in accordance with the
regulations of the vehicle value commission. Any vehicle which is more than
twenty-five (25) years old, whether or not the vehicle is an antique motor car
as defined in § 31-1-3(a), shall be deemed to possess an average retail value
of five hundred dollars ($500). Any vehicle more than twenty-five (25) years
old on June 16, 1987, whether or not the vehicle is an antique motor car as
defined in § 31-1-3(a), shall be deemed to have an average retail value of five
hundred dollars ($500) or its actual retail value whichever is less. The
minimum excise tax on any vehicle, if registered to the same owner for a full
year or portion of the year, shall not be less than five dollars ($5.00) unless
the registration is transferred to one or more additional vehicles or trailers,
in which case the minimum or combined excise taxes shall not be less than five
dollars ($5.00). Beginning in fiscal year 2001, the assessor may, but is not
required to, issue minimum tax bills as authorized by this section or any
general or public law. Beginning in fiscal year 2002 and thereafter, the
assessor shall not issue minimum tax bills, notwithstanding any general or
public law to the contrary. The assessor may waive the excise tax on any
vehicle where the annual levy would be less than five dollars ($5.00). The
state shall not provide reimbursement for any waiver.
(b) Vehicle and trailer excises shall be prorated over the calendar year prior to the year in which the excises are levied and billed, that year being referred to as the calendar year of proration.
(c) The excise levy on every vehicle and trailer registered under chapter 3 of title 31 shall be based on the ratio that the number of days the vehicle or trailer is registered is to the number of days in the calendar year of proration.
(d) If during the calendar year of proration, the owner of a vehicle or trailer subject to the excise moves permanently with his or her vehicle to another state and cancels his or her registration in this state and returns the registration plates, the vehicle shall be exempt from excise for the ensuing year.
(e) "Year of manufacture" as used in this section means the year used by the manufacturer of the vehicle or trailer in connection with the designation by the manufacturer of the model of the vehicle or trailer. Where the presumptive price of a vehicle or trailer is not readily obtainable, or special equipment is installed on the vehicle or trailer, the tax assessor shall prescribe the retail price to be used or the manner in which the retail price shall be determined.
(f) Nothing in this section shall be construed to prevent any city or town council from granting an abatement, in whole or in part, when there is an error in the assessment of a tax, and the tax assessors have certified to the fact, in writing, to the city or town council to cancel taxes stating the nature of the error, the valuation of the vehicle or trailer, the amount of the assessed tax and the name of the person to whom the vehicle or trailer was taxed.
(g) The city or town council may cancel, in whole or in part, an excise tax assessed to a person who has died leaving no estate, or a person who has moved from the state, and the tax collector or person acting in the capacity of tax collector certifies to the city or town council the facts of the case.
(h) The excise imposed by this section shall not apply to vehicles or trailers owned by the state of Rhode Island or any of its political subdivisions, or to vehicles or trailers owned by a corporation, association or other organization whose tangible personal property is exempt under § 44-3-3(1) – (15), or to vehicles assessed and taxed under § 44-13-13, or those owned by the United States government. Farm vehicles shall be exempt to the extent prescribed in § 44-5-42.
44-34-3. Assessment roll – Rate – Payment – Penalty upon non-payment. [Repealed effective July 1, 2005.]. – (a) The assessor, on the basis of a list of uniform values for motor vehicles prepared by the Rhode Island vehicle value commission pursuant to § 44-34-8, shall make a list containing the value of every vehicle and trailer in the city or town which is subject to the provisions of § 44-34-2, the values to be at the average retail price as determined under § 44-34-2 or at a uniform percentage of these, not to exceed one hundred percent (100%), to be determined by the assessors in each city or town; provided, that every vehicle and trailer in the city of Pawtucket shall be assessed in accordance with §§ 44-5-20.1 and 44-5-20.2; provided, further, that motor vehicles owned, leased, or utilized by rental companies, as those terms are defined in § 31-34.1-1, shall not be valued for excise tax purposes at an amount greater than the National Automobile Dealers Association average retail value for new vehicles for the year and vehicle model in question.
(b) The excise tax levy shall be applied to the excise assessment roll at the rate established by the assessors for all other property except manufacturer's machinery and equipment in accordance with § 44-5-22 and the resulting tax roll shall be certified by the assessors to the city or town clerk, treasurer, or tax collector, as the case may be, not later than June 15 next succeeding. Prior to the resulting tax roll being certified to the Pawtucket city clerk, the excise levy shall be applied to the excise assessment roll in accordance with the property tax classification described in §§ 44-5-20.3 and 44-5-20.5. In the city of Woonsocket, the excise tax levy shall be applied to the excise assessment roll at a rate that will produce no more than nineteen percent (19%) of the total tax levy as prescribed in § 44-5-11.6. In the town of Lincoln, the excise tax levy shall be applied to the excise assessment roll at a rate that produces an amount equal to no more than seventeen percent (17%) of the total real estate tax levy.
(c) If any vehicle or trailer liable to taxation in any city or town has been omitted from the tax roll, the tax assessment shall assess the vehicle or trailer on a supplemental excise assessment roll and shall certify the assessment to the tax collector after June 15, but not later than December 31 next succeeding.
(d) As soon after this as possible, the tax collector shall cause excise bills to be sent by first class mail to all persons, corporations, partnerships, joint stock companies, or associations that have registered vehicles or trailers during the calendar year of proration. The bills shall be paid in accordance with § 44-5-7 at the same time and on the same schedule as property tax bills. Failure to pay the excise at the appropriated time shall bring about a penalty of eighteen percent (18%) per annum, or, in the case of the city of Cranston, a penalty of twelve percent (12%) per annum which applies on the date of the delinquency or, for any city or town fiscal year commencing between January 1, 1980, and December 31, 1980, after approval by the proper local authority, at the same rate of interest as that which is applied to delinquent property taxes in the taxing jurisdiction.
(e) Failure by the tax collector to send, or by the taxpayer to receive, a bill shall not excuse the nonpayment of the tax or affect its validity or any proceedings for the collection.
(f) This section does not apply to any and all entities which are exempt from the excise as prescribed in § 44-34-2.
44-34-4. Vehicle and
trailer tax situs. – Apportionment for interstate fleets. [Repealed effective July 1, 2005.].
– (a) Tax situs of each vehicle or trailer shall be in the town
or city of permanent abode of the owner at the end of the calendar year of
proration if an individual, or at the principal place of business in this
state, if a partnership, corporation, joint stock company, or association,
except that if a vehicle or trailer is customarily kept in some other town or
city, then tax situs will be in that municipality.
(b) Rented or leased vehicles shall have tax situs in the town or city where they are customarily kept by the renter or lessee if the rental or leasing contracts shall be long term. For the purpose of this chapter, long-term contracts are for six (6) months or more. If vehicles are rented or leased for less than six (6) months or on a transient basis, then tax situs for the vehicles shall be the town or city where the leasing company or agency stores the vehicles when they are not being rented or leased.
(c) In the case of fleets of vehicles and trailers engaged in interstate commerce the following rules of just apportionment shall apply:
(1) If the fleet owner has a terminal where a number of its vehicles are parked, then the average number of vehicles so parked in proportion to its total fleet value shall determine the excise;
(2) If the fleet owner does not have vehicles parked in this state but has a pickup and drop-off station, then the number of miles traveled by its fleet in this state in proportion to the total number of miles traveled by its fleet shall be the percentage of the total value of its fleet used to determine the excise.
(d) Tax situs for a fleet shall be the town or city where the terminal or station is located.
(e) In the case of more than one pickup and drop-off station of a fleet owner located in the state, the communities in which the stations are situated shall share equally the excise levied against the fleet owner.
(f) The tax assessor may require an owner to disclose any or all information necessary to determine tax situs and value of the vehicles and trailers that are subject to excise.
(g)
If the owner fails to supply the requested information, then the tax assessor
shall assess the vehicles and trailers at what he or she deems to be their
value, and the owner, if over taxes, shall have no remedy for this assessment.
44-34-4.1. Exemptions for
buses, trucks and trailers in interstate commerce. [Repealed effective July 1, 2005.]. – Notwithstanding any provision of the general laws to the
contrary, the operation of a bus, truck, or trailer by a bus or trucking
company in interstate commerce shall not be subject to the provisions of the
excise tax imposed by this chapter, on the condition that the bus, truck and/or
trailer is utilized exclusively in interstate commerce.
44-34-5. Veterans' and
other property tax exemptions. [Repealed effective July 1, 2005.]. – (a)
Those veterans, gold star parents, and blind persons who qualify for property
tax exemption under §§ 30-22-1 – 30-22-4 and §§ 44-3-4, 44-3-5, and 44-3-12
shall have the exemption applied to their real estate and tangible personal
property, other than registered vehicles or trailers, in the communities where
they reside as prescribed in those sections. However, if there is not
sufficient property to exhaust the exemption, the balance of the exemption
shall be applied to the excise tax on his or her motor vehicle or trailer.
(b) The amount of exemption shall not exceed the amount of excise levied on those vehicles owned by the person.
44-34-6. Fire
districts. [Repealed
effective July 1, 2005.]. – The
provisions of this chapter shall apply in all respects in the case of taxes
assessed upon motor vehicles by any fire district. Effective with the year 2000
tax roll based upon values of December 31, 1999, the authority of fire
districts as authorized by general or public law to levy excise taxes on motor
vehicles is eliminated and each district shall be reimbursed for one hundred
percent (100%) of current year lost revenues based upon what the levy net of
personal exemptions would otherwise have been. That reimbursement shall be
based upon submission of information to the department of administration on the
dates specified in § 44-34.1-2, and reimbursements shall be paid on the dates
specified in that section. Future year reimbursements shall be based upon the
year 2000 tax roll and values of December 31, 1999, and indexed by applying the
annual change in the December Consumer Price Index – All Urban Consumers
(CPI-U).
44-34-7. Severability.
[Repealed effective July 1,
2005.]. – If any provision of this chapter is held invalid, the remainder
of this chapter and the application of its provisions shall not be affected by
this invalidity.
44-34-8. Appeal
procedure. [Repealed
effective July 1, 2005.]. – (a) Any taxpayer aggrieved by a valuation may appeal that
valuation to the tax assessor within thirty (30) days of notice of valuation.
When the valuation of the vehicle has been made by the assessor, the assessor
shall render a decision within ten (10) days of the filing of the appeal. When
the valuation of the vehicle has been made by the Rhode Island vehicle
valuation commission, the assessor shall forward the appeal on the form
provided by the commission to the Rhode Island vehicle valuation commission
within ten (10) days. The commission shall transmit its decision to the tax
assessor within twenty (20) days of the receipt of the appeal.
(2) The tax assessor shall notify the aggrieved taxpayer, by writing, of the commission decision within ten (10) days of the receipt of the commission decision.
(b) Within thirty (30) days of the notification of the decision of the tax assessor or the commission, an aggrieved taxpayer may appeal the decision to the district court for the judicial division within which the city or town is located.
(c) A party aggrieved by a final order of the district court may seek review of this order in the state supreme court by writ of certiorari. The petition for a writ of certiorari shall state 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 to the district court to certify to the supreme court the record of the proceeding under review, or so much of this as was submitted to the district court by the parties, together with any additional record of the proceedings in the district court.
44-34-9. Valuation of
motor vehicles. [Repealed
effective July 1, 2005.]. – For the purpose of the
imposition of an excise tax upon motor vehicles, the tax assessor shall
determine the value of each motor vehicle in accordance with the following
procedures:
(1) Each vehicle and trailer of the same make, type, model, and year of manufacture in this state shall be deemed to have one uniform statewide value to be utilized in each city and town, except in those instances where no uniform value is established pursuant to the rules of the vehicle value commission § 44-34-11 or where a value is established by the assessor pursuant to § 44-34-2.
(2) The uniform value of each type of vehicle and trailer shall be determined by the Rhode Island vehicle value commission or in accordance with the rules of the vehicle value commission.
(3) The value of each vehicle or trailer or each type vehicle or trailer not established by the Rhode Island vehicle value commission shall be determined by the assessor of the city or town in which the vehicle or trailer is registered. In making the determination, a uniform flat value for the vehicles in the municipality may be utilized by the assessor.
44-34-11. Rhode Island
vehicle value commission.
[Repealed effective July 1, 2005.]. – (a) There is
created the "Rhode Island vehicle value commission" to establish
presumptive values of vehicles and trailers subject to the excise tax.
(b) The commission shall consist of the following nine (9) members: one designee of the director of transportation; five (5) local tax officials named by the governor, at least one of whom shall be from a city or town under ten thousand (10,000) population and at least one of whom is from a city or town over fifty thousand (50,000) population, from a list of nominees submitted by the president of the Rhode Island league of cities and towns; and two (2) designees who are private citizen car owners, one of whom shall be named by the speaker of the house and one of whom shall be named by the president of the senate; and one motor vehicle dealer designated by the director of administration; all departmental designees shall serve at the pleasure of the designating agency, but, for a term of no less than one year, and all other designees shall serve for a term of three (3) years.
(c) The commission shall annually determine the presumptive values of vehicles and trailers subject to the excise tax in the following manner:
(1) Not earlier than September 30 and not later than December 31 of each year, the commission shall by rule adopt a methodology for determining the presumptive value of vehicles and trailers subject to the excise tax which shall give consideration to the following factors:
(i) The average retail price of similar vehicles of the same make, model, type, and year of manufacture as reported by motor vehicle dealers or by official used car guides, such as that of the National Automobile Dealers Association for New England. Where regional guides are not available, the commission shall use other publications deemed appropriate; and
(ii) Other information concerning the average retail prices for make, model, type, and year of manufacture of motor vehicles as the director and the Rhode Island vehicle value commission may deem appropriate to determine fair values.
(2) On or before February 1 of each year, it shall adopt a list of values for vehicles and trailers of the same make, model, type, and year of manufacture as of the preceding December 31 in accordance with the methodology adopted between September 30 and December 31; the list shall be subject to a public hearing at least five (5) business days prior to the date of its adoption.
(3) Nothing in this section shall be deemed to require the commission to determine the presumptive value of vehicles and trailers which are unique, to which special equipment has been added or to which special modifications have been made, or for which adequate information is not available from the sources referenced in subdivision (1) of this subsection; provided, that the commission may consider those factors in its lists or regulations.
(4) The commission shall annually provide the list of presumptive values of vehicles and trailers to each tax assessor on or before February 15 of each year.
(d) The commission shall adopt rules governing its organization and the conduct of its business; prior to the adoption of the rules, the designee of the department of administration shall serve as chairperson of the commission and shall have the power to call meetings, and a simple majority of the members of the commission, as provided for in subsection (b) of this section, is necessary for a quorum, which quorum by majority vote shall have the power to conduct business in the name of the commission.
(e) The commission shall have the power to contract for professional services that it deems necessary for the development of the methodology for determining presumptive values, for calculating presumptive values according to the methodology, and for preparing the list of presumptive values in a form and format that is generally usable by cities and towns in their preparation of tax bills. The commission shall also have the power to incur reasonable expenses in the conduct of its business as required by this chapter and to authorize payments for the expenses.
(f) Compensation for members for attendance at meetings shall initially be at a rate of fifty dollars ($50.00) per meeting unless otherwise determined by the unclassified pay board.
(g) The commission shall respond to petitions of appeal by local boards of review in accordance with the provisions of § 44-34-9.
(h) The commission shall establish, by rule, procedures for adopting an annual budget and for administering its finances. After July 1,1986 one-half ( 1/2) of the cost of the commission's operations shall be borne by the state and one-half ( 1/2) shall be borne by cities and towns within the state, with the city and town share distributed among cities and towns on a per capita basis.
44-34-12. Cooperation of
state agencies. [Repealed
effective July 1, 2005.]. – The
department of administration shall provide space and secretarial and clerical
services to the Rhode Island vehicle value commission without charge to the commission.
The department of transportation, and the department of administration shall
provide, consistent with law, information that is in their possession, which
the commission determines to be useful or necessary in the conduct of its
responsibilities.
44-34-13. Tax
exemption on vehicles adapted for persons who are disabled. [Repealed effective July 1, 2005.]. – (a) The city or town councils of the
various cities and towns may, by ordinance, exempt from taxation up to fifty
percent (50%) of the value of any motor vehicle that is necessary to transport
a family member with a disability or where the vehicle has been specially
adapted to meet the specific needs of the person with a disability. This
exemption shall apply to not more than one motor vehicle owned and registered
for personal, noncommercial use. After the assessors have allowed an exemption
under this section, no further evidence of the existence of the facts required
by this section shall be required in any subsequent year in the city or town in
which the exemption has been allowed.
(b) For the purpose of this section:
(1) "Special adaptations" includes, but is not limited to: wheelchair lifts; wheelchair carriers; wheelchair ramps; wheelchair securements; hand controls; steering devices; extensions, relocations, and crossovers of operator controls; power assisted controls; raised tops or dropped floors; raised entry doors; or alternative signaling devices to auditory signals.
(2) "Specially adapted motor vehicle" means a motor vehicle with special adaptations; provided, that the cost of the special adaptations meets or exceeds seven percent (7%) of the value of the motor vehicle; provided, further, that the town of Johnston may, by ordinance, provide for an exemption when the cost of special adaptations is not less than two percent (2%).
SECTION 2. Section 4 of Article 28 of Chapter 31 of the 1998 Public Laws entitled “An Act Making Appropriations For The Support of the State For The Fiscal Year Ending June 30, 1999” is hereby repealed.
SECTION 4. On July 1, 2005, the provisions of
Chapter 34 of Title 44 entitled "Excise on Motor Vehicle and
Trailers" shall be repealed in its entirety.
SECTION 3. Sections 44-34.1-1 and 44-34.1-2 of the General
Laws in Chapter 44-34.1 entitled "Motor Vehicle and Trailer Excise Tax
Elimination Act of 1998" are hereby amended to read as follows:
44-34.1-1. Excise tax
phase-out. -- (a) (1) Notwithstanding the provisions of chapter 34 of
this title or any other provisions to the contrary, the motor vehicle and
trailer excise tax established by section 44-34-1 may
be phased out by the fiscal year 2008. The phase-out may be phased out. The
phase-out shall apply to all motor vehicles and trailers, including
leased vehicles.
(2) Lessors of vehicles that pay excise taxes directly to municipalities shall provide lessees, at the time of entering into the lease agreement, an estimate of annual excise taxes payable throughout the term of the lease. In the event the actual excise tax is less than the estimated excise tax, the lessor shall annually rebate to the lessee the difference between the actual excise tax and the estimated excise tax.
(b) Pursuant to the provisions of this section, all motor vehicles shall be assessed a value by the vehicle value commission. That value shall be assessed according to the provisions of section 44-34-11(c)(1) and in accordance with the terms as defined in subsection (d) of this section; provided, however, that the maximum taxable value percentage applicable to model year values as of December 31, 1997, shall continue to be applicable in future year valuations aged by one year in each succeeding year.
(c) (1) The motor vehicle excise tax phase-out shall commence with the excise tax bills mailed to taxpayers for the fiscal year 2000. The phase-out, beyond fiscal year 2003, shall be subject to annual review and appropriation by the general assembly. The tax assessors of the various cities and towns and fire districts shall reduce the average retail value of each vehicle assessed by using the prorated exemptions from the following table:
Local Fiscal Year State fiscal year
Exempt from value Local Exemption Reimbursement
fiscal year 1999 0 $1,500
fiscal year 2000 $1,500 $2,500
fiscal year 2001 $2,500 $3,500
fiscal year 2002 $3,500 $4,500
fiscal years 2003 and , 2004 and 2005
each year thereafter $4,500
$4,500
for fiscal year 2006 and each year
thereafter $5,000 $5,000
No city or town shall, in preparation of its annual budget, plan or otherwise rely on the continuation of said phase-out beyond fiscal year 2003, unless it is specifically approved by the general assembly.
(2) The excise tax phase-out shall provide levels of assessed value reductions until the tax is eliminated or reduced as provided in this chapter.
(3) Current exemptions shall remain in effect as provided in this chapter.
(4) The excise tax rates and ratios of assessment shall not be greater than fiscal year 1998 levels for each city, town, and fire district; provided, in the town of Johnston the excise tax rate and ratios of assessment shall not be greater than fiscal year 1999 levels and in no event shall the final taxable value of a vehicle be higher than assessed in the prior fiscal year, and the levy of a city, town, or fire district shall be limited to the lesser of the maximum taxable value or net assessed value for purposes of collecting the tax in any given year. (d) Definitions.
(1) "Maximum taxable value" means the value of vehicles as prescribed by section 44-34-11 reduced by the percentage of assessed value applicable to model year values as determined by the Rhode Island vehicle value commission as of December 31, 1997, for the vehicles valued by the commission as of December 31, 1997. For all vehicle value types not valued by the Rhode Island vehicle value commission as of December 31, 1997, the maximum taxable value shall be the latest value determined by a local assessor from an appropriate pricing guide, multiplied by the ratio of assessment used by that city, town, or fire district for a particular model year as of December 31, 1997.
(2) "Net assessed value" means the motor vehicle values as determined in accordance with section 44-34-11 less all personal exemptions allowed by cities, towns, fire districts, and the state of Rhode Island exemption value as provided for in section 44-34.1-1(c)(1).
44-34.1-2. City and
town and fire district reimbursement. -- (a) In fiscal years 2000 through 2008 and
thereafter, cities and towns and fire districts shall receive
reimbursements, as set forth in this section, 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 section
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 and
thereafter 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 section 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 section 44-34.1-1 and the inflation indexing of tax rates through fiscal 2003. 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 section 44-34.1-1(c)(1); provided, 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, 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 section 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 (1)(i) through (vii) of this subsection, 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 and thereafter, 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, 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 the following fiscal year 2009 shall be calculated as the funds distributed
in the fiscal year of the phase-out 2008.
Twenty-five percent (25%) of the amounts calculated shall be distributed to the
cities and towns and fire districts on August 1, 2008
in the fiscal year of the phase-out,
twenty-five percent (25%) on the following
November 1, 2008, twenty-five percent
(25%) on the following February 1, 2009, and twenty-five percent (25%) on the following May 1, 2009.
The funds shall be distributed to each city and town and fire district in the
same proportion as distributed in the
fiscal year of the phase-out 2008.
(6) In the event the tax
is phased out in fiscal year 2008, to
August 1, 2009, of the following fiscal year
the director of administration shall calculate to the nearest tenth of one cent
($.001) the number of cents of sales tax received for the fiscal year ending
June 30, 2009, of the year following the phase-out equal to the amount of
funds distributed to the cities, towns, and fire districts under this chapter
during the fiscal year 2009, following the
phase-out and the percent of the total funds distributed in the fiscal year 2009,
following the phase-out received by each
city, town, and fire district, calculated to the nearest one-hundredth of one
percent (0.01%). The director of the department 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 second fiscal year 2010, following the
phase-out 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 the fiscal year 2009.
following the phase-out.
(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,
of the following fiscal year and every
August 1 thereafter; twenty-five percent (25%) shall be distributed on the following November 1, 2009, and every November 1 thereafter; twenty-five
percent (25%) shall be distributed on the following
February 1, 2010, and every February 1
thereafter; and twenty-five percent (25%) shall be distributed on the following 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 of the following fiscal year and every November 1
thereafter, twenty-five percent (25%) shall be distributed on the following February 1, 2010 and every February 1 thereafter; twenty-five
percent (25%) shall be distributed on the following
May 1, 2010, and every May 1 thereafter;
and twenty-five percent (25%) of the funds shall be distributed on the following August 1, 2010 and every August 1 thereafter.
(9) As provided for in section 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 section 44-34-6. All references to fire districts in this chapter do not apply to the year 2001 tax roll and thereafter.
SECTION 4. This article shall take effect on June 30, 2005.
ARTICLE 18 SUBSTITUTE A
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 amended
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, 2004
2005 to June 30, 2005 2006.
SECTION
2. This act shall take effect on July 1, 2005.
ARTICLE 19 SUBSTITUTE A
RELATING TO AUTOMOBILE BODY REPAIR SHOPS
SECTION
1. 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) one hundred fifty
dollars ($150). 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 fifty fifty
dollars ($150) for each location authorized by the department of
business regulation.
SECTION
2. This article shall take effect as of July 1, 2005.
ARTICLE 20 SUBSTITUTE A
RELATING TO THE NATIONAL GUARD
SECTION
1. Chapter 30-3 of the General Laws entitled "National Guard" is hereby amended
by adding thereto the following section:
30-3-40.4. Payment of life
insurance premiums. –
Any member of the National Guard who has been
mobilized in excess of thirty (30) days and who elects coverage under a term
life insurance policy issued by the federal government shall be reimbursed from
the general fund for the cost of premiums incurred by the member for said
policy for any month or part thereof that the member has been mobilized. In the
event that a member of the National Guard elects coverage in an amount in
excess of two hundred fifty thousand dollars ($250,000) under such policy, the
member shall receive reimbursement from the general fund in an amount not to
exceed the amount of the premiums attributable to the first two hundred fifty
thousand dollars ($250,000) of coverage under said policy.
SECTION
2. This article shall take effect as of July 1, 2004.
ARTICLE 21 SUBSTITUTE A
RELATING TO COMPENSATION OF BOARD MEMBERS
SECTION 1.
Section 5-3.1-4 of the General Laws in Chapter 5-3.1 entitled "Public
Accountancy" is hereby amended to read as follows:
5-3.1-4. Board of accountancy. -- (a) There is created a board of accountancy in and for the state of Rhode Island, to be known as the Rhode Island board of accountancy. The board shall consist of five (5) members. All members shall be appointed by the governor. Membership of the board shall consist of three (3) members who hold certificates and valid permits to practice as certified public accountants in this state and who are in public practice as certified public accountants in this state, and one member who holds an authority and a valid permit to practice as a public accountant in this state. All four (4) of those members shall have at least ten (10) years' experience in a full-time practice of public accountancy. The fifth member shall be from the public sector and shall have professional or practical experience in the use of accounting services and financial statements as to be qualified to evaluate whether the qualifications, activities, and professional practice of those persons and firms regulated under this chapter conform with the standards established to protect the public interest. The board member from the public sector shall be designated as the public's member to the board for the term of service appointed. Except as provided, the term of the members of the board shall be five (5) years. No member of the board shall be associated in the practice of accountancy, either individually or as a member of a firm, with any other member of the board. The members of the Rhode Island board of accountancy appointed and serving under prior law on July 1, 1995, shall serve out the terms for which they were originally appointed as members of the board created by this section. Vacancies occurring during any term shall be filled by appointment by the governor for the unexpired term. Upon the expiration of his or her term of office, a member shall continue to serve until his or her successor has been appointed and has assumed office. The governor shall remove from the board any member whose certificate, authority or permit has been revoked, suspended, or not renewed. No person who has served two (2) consecutive complete terms is eligible for reappointment. Serving the remainder of an unexpired term upon appointment by the governor to fill a vacancy on the board shall not be considered as serving a complete term.
(b) The board shall elect annually from among its members a chairperson and any other officers that it deems appropriate. The board shall meet at any times and places that are fixed by the board and in any event shall meet no less than four (4) times each year. Three (3) members of the board shall constitute a quorum for the transaction of business. The board shall have a seal which shall be judicially noticed. The board shall retain or arrange for the retention of all applications and documents under oath that are filed with the board, and shall maintain a registry of the names and addresses of all licensees. The board shall keep records of its proceedings, and in any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of the records certified as correct under the seal of the board are admissible in evidence.
(c) Each member of the
board shall receive compensation in the amount of
thirty dollars ($30.00) for each day or portion of a day spent in the discharge
of official duties as a member, to a maximum of seven hundred and fifty dollars
($750) per year, and shall
be reimbursed for actual and necessary expenses incurred in the
discharge of those duties, but shall not receive
compensation for their services on the board.
(d) All fees and monies derived under the provisions of this chapter shall be paid to and received by the general treasurer of the state of Rhode Island, who shall keep the monies in a restricted receipt account. All monies in the restricted receipt account shall be used to reimburse the board for expenses incurred in the administration and enforcement of this chapter. The board treasurer is authorized and directed to draw orders upon the general treasurer for payment from the restricted receipt account upon receipt by the board treasurer of vouchers authenticated by the chairperson, vice chairperson, or secretary of the board.
(e) The board shall file an annual report of its activities with the governor and the general assembly of this state. The report shall include, but not be limited to, a statement of all receipts and disbursements and a listing of all current licensees. The board shall mail a copy of that annual report, upon request, in writing, to any licensee and to any member of the public.
(f) The board shall prescribe any rules and regulations not inconsistent with the provisions of this chapter that it deems consistent with, or required by, the public welfare and policy established in section 5-3.1-2. Those rules and regulations may include:
(1) Rules and regulations of procedure for governing the conduct of matters before the board;
(2) Rules and regulations of professional conduct for establishing and maintaining high standards of competence and integrity in the profession of public accounting;
(3) Rules and regulations governing educational and experience requirements for the issuance of certificates;
(4) Rules and regulations establishing requirements for continuing education to promote the professional competence of holders of permits, which the board may require those holders to meet as a condition of their continuing in the practice of public accounting;
(5) Rules and regulations governing practice units engaged in the practice of public accounting, including, but not limited to, rules and regulations concerning the style, name, title, and affiliation with any other organization, and establishing reasonable standards as to professional liability insurance;
(6) Rules and regulations for reviewing and monitoring professional performance and conducting peer reviews;
(7) Any other rules and regulations, which the board deems necessary or appropriate in exercising its functions under this chapter.
(g) The promulgation of any rule, regulation, or amendment to it under subsection (f) of this section or under any other provision of this chapter shall be in accordance with section 42-35-3.
(h) The board may employ any personnel and arrange for any assistance, legal or otherwise, that it requires for the performance of its duties. It may also establish one or more advisory committees as it deems necessary in the performance of its duties. The authority and term of that advisory committee may be permanent or temporary in nature as determined by the board.
(i) In addition to its rulemaking authority, the board has the power to take all action that is necessary and proper to effectuate the purposes of this chapter, including the power to:
(1) Sue and be sued in its official name as an agency of this state;
(2) Investigate all complaints and charges of unprofessional conduct, including, but not limited to, conduct specified under section 5-3.1-12, against any licensee or any applicant for a certificate or permit, and to hold hearings, in accordance with the provisions of section 5-3.1-14, to determine whether those complaints and charges are substantiated;
(3) Appoint one or more members of the board, legal counsel, and/or an independent investigator to act on behalf of the board in investigating the conduct of any licensee, or of any applicant for a certificate or permit, or in the alternative to appoint a probable cause committee to investigate that conduct on its behalf, the committee to be comprised of licensees in good standing, as the board determines; and
(4) Issue subpoenas, administer oaths, and summon and examine witnesses in connection with any investigation conducted under authority of this chapter. If a subpoena is disobeyed, the board may invoke the aid of any court of competent jurisdiction in this state to require the attendance and testimony of witnesses and the production of documentary evidence.
(j) The board and its members and agents are immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state of Rhode Island shall indemnify the board and those members and agents for, and holds them harmless from, any and all costs, damages, and reasonable attorneys' fees arising from or related in any way to claims or actions against them as to matters to which the immunity applies.
(k) The board shall adopt rules and regulations to implement substantial equivalency as set forth in section 5-3.1-7(g).
SECTION 2.
Section 5-6-27 of the General Laws in Chapter 5-6 entitled
"Electricians" is hereby amended to read as follows:
5-6-27. Disposition of
fees -- Annual report. -- The division shall report annually to the
general assembly in the month of January a detailed statement of its receipts
and disbursements during the year with a statement of its acts and proceedings
and any recommendations that the division deems proper. All proceeds of any
fees collected pursuant to the provisions of this chapter shall be deposited as
general revenues. Commissioners and board members
shall not be compensated for attendance at board meetings, but reimbursement
for costs and expenses of board members and commissioners shall continue.
SECTION 3. Section 5-8-5 of the General Laws in Chapter 5-8
entitled "Engineers" is hereby amended to read as follows:
5-8-5. Board -- Compensation
and expenses of members. -- The chairperson and each other member of the board receives the sum of twenty-five dollars ($25.00)
per meeting not to exceed one thousand two hundred dollars ($1,200) annually
when attending to the work of the board or any of its committees and for the
time spent in necessary travel; and, in addition, is shall not be compensated for their service on the board but
shall be reimbursed for all traveling, incidental, and clerical
expenses necessarily incurred in carrying out the provisions of this chapter.
SECTION 4. Section 5-8.1-6 of
the General Laws in Chapter 5-8.1 entitled "Land Surveyors" is hereby
amended to read as follows:
5-8.1-6. Board of
registration for professional land surveyors -- Compensation and expenses. --
The chairperson and each other member of the board of land surveyors shall receive the sum of twenty-five dollars ($25.00) per meeting
not to exceed six hundred dollars ($600) annually when attending to the work of
the board or any of its committees and for the time spent in necessary travel,
and not be compensated for their service
on the board but shall be additionally
reimbursed for all actual traveling, incidental, and clerical expenses
necessarily incurred in carrying out the provisions of this chapter.
SECTION
5 Section 5-10-4 of the General Laws in Chapter 5-10 entitled "Barbers,
Hairdressers, Cosmeticians, Manicurists and Estheticians" is hereby
amended to read as follows:
5-10-4. Board of
barbering and hairdressing -- Compensation of members. -- Each No
member of the board shall be compensated for his or her services at the rate of twenty-five dollars ($25.00) per day up to a
maximum of twelve hundred dollars ($1,200) per year for attendance
at meetings of the board, attendance at examinations, and in addition but
shall be reimbursed by the department of health for his or her traveling and
other expenses incurred in the performance of his or her duties provided in
this chapter.
SECTION
6. Section 5-20.7-4 of the General Laws in Chapter 5-20.7 entitled "Real
Estate Appraiser Certification Act" is hereby amended to read as follows:
5-20.7-4. Creation of board -- Composition -- Appointment, terms and compensation of members. -- (a) (1) Within the department of business regulation, there is created the Rhode Island real estate appraisers board which shall consist of ten (10) members to be appointed by the governor. Six (6) of the board members shall be practicing appraisers and, for the initial board appointment, shall be members in good standing of one of the following professional associations or the successor associations: the American Institute of Real Estate Appraisers, the Society of Real estate Appraisers, the International Right of Way Association, the National Association of Independent Fee Appraisers, or the International Association of Assessing Officers. Where possible, at least one but not more than two (2) appraiser appointments shall be from the membership of each of these professional organizations.
(2) One board member shall be a member of the general public, and shall not be engaged in the practice of real estate appraisal. One board member shall hold a real estate license under chapter 20.5 of this title and shall not be a state certified real estate appraiser. One member shall be a representative of the Rhode Island banking industry. The director of the department of business regulation or his or her designee shall serve at all times as a member of the board ex officio without voting privileges.
(3) The term of office of the initial members and the powers of the initial board expire on December 31, 1991.
(b) Commencing January 1, 1992, and subsequently, the board shall consist of ten (10) members:
(1) Six (6) members shall be state certified appraisers:
(i) Two (2) appraiser members shall be appointed for a term of three (3) years;
(ii) Two (2) members for a term of two (2) years; and
(iii) Two (2) members for a term of one year.
(2) One board member shall be a member of the general public, appointed for a term of three (3) years, and shall not be engaged in the practice of real estate appraisal.
(3) One board member shall hold a real estate license under chapter 20.5 of this title, appointed for a term of two (2) years and shall not be a state certified real estate appraiser.
(4) One member shall be a representative of the Rhode Island banking industry and shall be appointed for a term of one year.
(5) The director of the department of business regulation, or his or her designee, shall serve at all times as a member of the board ex officio without voting privileges.
(c) (1) Successors of all members shall each be appointed for terms of three (3) years and until their successors are appointed and qualified by subscribing to the constitutional oath of office, which shall be filed with the secretary of state. Members to fill vacancies shall be appointed for the unexpired term. No member shall be appointed to succeed himself or herself for more than two (2) terms. Upon qualification of the appointed members, the board shall organize by selecting from its members a chairperson and vice-chairperson with a term of office of one year.
(2) The board shall meet not less than once each month or as necessary in order to conduct its business, the dates and times of which shall be decided by a vote of the members.
(3) Each real estate appraiser member of the board appointed as of January 1, 1992, must be a state certified real estate appraiser. At least one-half ( 1/2) of the appraiser members shall hold the general appraisal certificate and not less than two (2) shall hold the residential appraisal certificate.
(4) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. The appointing authority may remove a member for cause.
(5) A quorum of the board is a majority of the voting members of the board members appointed and/or sitting, whichever is less, with at least three (3) of these members required to be appraiser members.
(6) The department of business regulation with the assistance of the board, shall implement a program for recertification on or before July 1, 1992, and establish any reasonable rules and regulations that are appropriate to insure that the examination, education, and experience requirements of certificate and license holders meet the public interest and the minimum standards of the appraisal foundation.
(d) The board shall adopt a seal of any design that it prescribes. Copies of all records and papers in the office of the board, duly certified and authenticated by its seal, shall be received in all courts with like effect as the original. All records of the board shall be open to public inspection under any reasonable rules and regulations that it prescribes.
(e) Each initial and successor No member of the board shall receive as compensation for each
day actually spent on his or her official duties on the board the sum
of seventy-five dollars ($75.00) in
but shall be reimbursed for his or her
actual and necessary expenses incurred in the performance of his or her
official duties. The compensation is not to exceed
fifteen hundred dollars ($1,500) annually.
SECTION
7. Section 5-20.5-12 of the General Laws in Chapter 5-20.5 entitled "Real
Estate Brokers and Salespersons" is hereby amended to read as follows:
5-20.5-12. Commission -- Creation -- Composition -- Appointment, terms, and compensation of members -- Officers -- Deputy directors -- Seal. -- (a) (1) Within the department of business regulation there is created the Rhode Island real estate commission, subsequently referred to as "commission", to consist of nine (9) persons at least one from each county to be appointed by the governor, each of whom has been a citizen of this state for at least ten (10) years prior to the date of appointment, three (3) of whom have been engaged as a licensed broker in this state for at least ten (10) years prior to the date of appointment, four (4) of whom are members of the general public, at least one of whom has substantial academic experience in real estate and at least one who has been active in citizen groups concerned with real estate practices and activities. Two (2) members appointed for one year; two (2) members shall be appointed for two (2) years; one member for three (3) years; one member for four (4) years; and one member for five (5) years; beginning on December 31, 1973. Successors of all members shall be appointed by the governor for terms of five (5) years each and until their successors are appointed and qualify by subscribing to the constitutional oath of office, which shall be filed with the secretary of state. Members to fill vacancies shall be appointed for the unexpired term. No member shall be appointed to succeed himself or herself for more than one full term. There are two (2) ex-officio members of the commission and they are the attorney general or his or her designee and the director of the department or his or her designee. All ex-officio members have full voting powers and serve without compensation. Upon qualification of the members appointed, the commission shall organize by selecting from its members a chairperson.
(2) The commission shall adopt reasonable rules and regulations to carry out its purposes. The division of professional regulation with the assistance of the commission shall implement a recertification program on or before January 1, 1982, and establish any reasonable rules and regulations that are appropriate for that program to insure that education and practice requirements of license holders meet the public interest.
(b) The director shall employ a deputy director and any other employees that he or she deems necessary and proper to discharge the duties imposed by this chapter, and shall determine and prescribe their duties and fix their compensation, subject to the general laws of the state.
(c) Each No
member of the commission shall receive as
compensation for each day actually spent on
his or her official duties the sum of twenty-five
dollars ($25.00) and but shall be
reimbursed for his or her actual and necessary expenses incurred in
the performance of his or her official duties. This
compensation shall not exceed twelve hundred dollars ($1,200) annually.
(d) The commission shall adopt a seal of any design that it prescribes. Copies of all records and papers in the office of the commission, duly certified and authenticated by its seal, shall be received in evidence in all courts with like effect as the original. All records of the commission are open to public inspection under any reasonable rules and regulations that it prescribes.
(e) The commission shall have a policy-making role in the preparation and composition of the examinations to be administered by the division of professional regulation. Subsequent to the administration of the examination, the commission shall review the examinations to evaluate their effectiveness. The commission shall supervise the operations of the division in an advisory capacity in promulgating any policy that is necessary to improve the operations of the division in their areas of expertise. The promulgation of that policy is subject to the approval of the director of the department of business regulation.
SECTION 8.
Section 5-26-5 of the General Laws in Chapter 5-26 entitled "Division of
Professional Regulation" is hereby amended to read as follows:
5-26-5. Holding of
examinations -- Compensation of examiners. -- The director of health
shall cause examinations to be held as required by law for the various arts and
practices enumerated in section 5-26-2, and the director
is authorized and directed to pay those examiners for conducting examinations
any fees that are by law required, but in cases where no definite sum is
specified the director is authorized to pay those examiners any fees that in
his or her judgment are suitable, not exceeding twenty dollars ($20.00) per
day, excepting the examiners in embalming who shall be paid a fee not exceeding
forty dollars ($40.00) per day.
Members of each board of examiners as
enumerated in section 5-26-2 shall not be compensated for their service on the
board of examiners.
SECTION 9. Section 5-30-15 of the
General Laws in Chapter 5-30 entitled "Chiropractors" is hereby
amended to read as follows:
5-30-15. Disposition
of fees -- Compensation of board members. -- The administrator of the
division of professional regulation shall collect all fees for the division
under the provisions of this chapter, and shall remit those fees to the general
treasurer monthly. Under no circumstances shall any fee be returned. The director of health is authorized and directed to pay
members Members of the board
of chiropractic examiners ten dollars ($10.00) per
day shall not be compensated
for actual attendance at meetings of the board.
SECTION 10.
Section 5-31.1-2 of the General Laws in Chapter 5-31.1 entitled "Dentists
and Dental Hygienists" is hereby amended to read as follows:
5-31.1-2. Board of examiners in dentistry -- Members -- Compensation -- Funds. -- (a) There is created within the department of health the Rhode Island board of examiners in dentistry, which is composed of the following members:
(1) Six (6) licensed dentists;
(2) Four (4) public members not associated with the dental field;
(3) Two (2) licensed dental hygienists; and
(4) The chief of the office of dental public health, who serves as a member of the board.
(b) The governor shall appoint the members of the board, except that prior to appointing the six (6) dentist members the governor may submit a list of all candidates to the appropriate dental societies for comments as to their qualifications. No member shall be appointed for more than two (2) consecutive full terms. A member appointed for less than a full term (originally or to fill a vacancy) may serve two (2) full terms in addition to that part of a full term, and a former member is again eligible for appointment after a lapse of one or more years. All subsequent appointments to the board shall be for a term of three (3) years. Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance, or misfeasance in office after being given a written statement of the charges against him or her and sufficient opportunity to be heard on the charges. The board shall elect from its members a chairperson who shall be a dentist duly licensed under the laws of the state of Rhode Island, and a vice-chairperson who shall in the absence of the chairperson exercise all powers of the chairperson, and secretary, who serve for one year or until their successors are appointed and qualified. The board shall meet at least once a month or more often upon the call of the chairperson, director of health or dental administrator, at any times and places that the chairperson designates.
(c) Members of the board
shall not be paid one hundred dollars ($100) for each day or portion of a day spent in the discharge of official duties; provided, that the compensation in one year does not exceed
the sum of five thousand dollars ($5,000) per member.
(d) The administration of the board shall be funded from annual fees. The director shall in consultation with the board determine the amount of the annual fee to be charged to each licensed dentist and dental hygienist, the payment of which is a condition to practicing dentistry or dental hygiene in the state. The director or the dental administrator has the authority to suspend or revoke the license of any dentist or dental hygienist who does not pay the annual fee. Monies shall be received by the department and deposited in the general fund as general revenues.
SECTION 11.
Section 5-34-8 of the General Laws in Chapter 5-34 entitled "Nurses"
is hereby amended to read as follows:
5-34-8. Board of
nursing -- Compensation of members. -- Each
No member of the board of nurse
registration and nursing education shall be paid
fifty dollars ($50.00) for each day or portion of a day spent in compensated for the discharge of official duties.
SECTION 12.
Section 23-17-14.2 of the General Laws in Chapter 23-17 entitled
"Licensing of Health Care Facilities" is hereby amended to read as
follows:
23-17-14.2. Compensation.
-- The chairperson and vice chairperson of the health services council while serving on business of the council shall receive
compensation at the rate of fifty dollars ($50.00) per meeting not to exceed
four thousand dollars ($4,000) annually, and each no
other member of the council while serving on business of the council shall
receive compensation at the rate of fifty dollars
($50.00) per meeting not to exceed three thousand dollars ($3,000) annually
for the discharge of their official duties.
SECTION 13.
Section 5-35-3 of the General Laws in Chapter 5-35 entitled
"Optometrists" is hereby amended to read as follows:
5-35-3. Board of
examiners -- Compensation of members. -- Each
No member of the board of examiners for
optometry shall receive in full
compensation for his or her services the sum of
thirty dollars ($30.00) for each day's attendance at meetings of the
board; provided, that no member shall receive in
excess of seven hundred fifty dollars ($750) compensation for any fiscal year.
SECTION 14.
Section 5-37-1.1 of the General Laws in Chapter 5-37 entitled "Board of
Medical Licensure and Discipline" is hereby amended to read as follows:
5-37-1.1. Board of medical licensure and discipline -- Creation -- Composition -- Appointment, removal, and compensation of members -- Officers -- Meetings -- Funds. -- (a) (1) There is created within the department of health, the Rhode Island board of medical licensure and discipline which is composed of the following members:
(i) Four (4) licensed physicians who possess the degree of doctor of allopathic medicine; one of whom shall be a full-time medical school faculty member;
(ii) Two (2) licensed physicians who hold the degree of doctor of osteopathic medicine;
(iii) Five (5) public members, one of whom is an attorney with experience as plaintiff's counsel in the presentation or prosecution of medical malpractice matters, and one of whom is a member of the general public, not associated with the medical field, who is at least sixty (60) years of age; and three (3) of whom are public members not associated with the medical field;
(iv) One hospital administrator; and
(v) The director of the department of health who shall serve as chairperson of the board.
(2) The governor shall appoint the members of the board except that prior to appointing the six (6) physician members the governor may submit a list of all candidates to the appropriate medical or osteopathic societies for comments as to their qualifications. When the board is first selected, six (6) members shall be appointed for a term of three (3) years, five (5) members shall be appointed for a term of two (2) years and two (2) members shall be appointed for a term of one year. No member shall be appointed for more than two (2) consecutive full terms. A member appointed for less than a full term (originally or to fill a vacancy) may serve two (2) full terms in addition to that part of a full term, and a former member is again eligible for appointment after a lapse of one or more years. All subsequent appointments to the board shall be for a term of three (3) years. Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance, and misfeasance in office after being given a written statement of the charges against him or her and sufficient opportunity to be heard. The board shall elect from its members a vice-chairperson who, in the absence of the chairperson, shall exercise all powers of the chairperson, and a secretary. These officers shall serve for one year or until their successors are appointed and qualified. The board shall meet at least once a month or more often upon the call of the chairperson, director of the department of health, or chief administrative officer, at the times and places that the chairperson designates.
(b) Members of the board
shall not be paid one hundred dollars ($100) for each day or portion of a day spent in the discharge of official duties; provided, that the compensation in one year shall not
exceed the sum of five thousand dollars ($5,000) per member.
(c) The administration of the board shall be funded from annual fees. The director, as stated in section 5-37-10, in consultation with the board, shall determine the amount of the annual fee to be charged to each licensed physician and to hospitals, the payment of which is a condition to practicing medicine or rendering hospital services in the state. The director or chief administrative officer has the authority to suspend or revoke the license of any physician who does not pay the annual fee. Monies shall be received by the department and credited to a restricted receipt account. All monies in that fund shall be utilized only for the purposes of maintaining, managing, operating, and administering the board of medical licensure and discipline in carrying out its functions. The fees and date of collection of all funds to be collected for the initial registrations and licenses issued pursuant to this title shall be as the director by regulation shall establish..
SECTION 15.
Section 5-49-15 of the General Laws in Chapter 5-49 entitled "Hearing Aid
Dealers and Fitters" is hereby amended to read as follows:
5-49-15. Board -- Creation -- Composition -- Appointment and terms. -- (a) There is established a board of hearing aid dealers and fitters which guides, advises, and makes recommendations to the department.
(b) (1) Members of the board shall be residents of the state.
(2) The board shall consist of three (3) hearing aid dealers and fitters; one otolaryngologist; one audiologist; and one lay member who shall be a user of hearing aids and not employed in the practice of fitting and dealing in hearing aids.
(3) Each hearing aid dealer and fitter on the board shall have no less than five (5) years experience and hold a valid license as a hearing aid dealer and fitter, as provided under this chapter.
(4) Excepted shall be the hearing aid dealers and fitters of the first board appointed, who have no less than five (5) years of experience and fulfill all qualifications under section 5-49-7 as provided under this chapter.
(c) All members of the board shall be appointed by the governor.
(d) The term of office of each member shall be three (3) years; except that of the members of the first board appointed under this chapter, two (2) shall be appointed for two (2) years, two (2) shall be appointed for three (3) years, and two (2) shall be appointed for four (4) years.
(e) Before a member's term expires, the governor shall appoint a successor to assume his or her duties on the expiration of his or her predecessor's term.
(f) A vacancy in the office of a member shall be filled by appointment for the unexpired term.
(g) The members of the board shall annually designate one member to serve as chair and another to serve as secretary-treasurer.
(h) No member of the board who has served two (2) or more full terms may be reappointed to the board until at least one year after the expiration of his or her most recent full term of office.
(i) Members of the board shall not be
compensated for their services on the board.
SECTION 16.
Section 5-51-2 of the General Laws in Chapter 5-51 entitled "Rhode Island
State Board of Examiners of Landscape Architects" is hereby amended to read
as follows:
5-51-2. Board -- Creation -- Composition -- Appointment, terms, and qualifications of members -- Duties -- Compensation. -- (a) (1) There is established a state board of landscape architects which consists of seven (7) members.
(2) On May 19, 1975, the governor shall appoint one member to serve until the first day of February, 1976, or until his or her successor is appointed and qualified; one member to serve until the first day of February, 1977, or until his or her successor is appointed and qualified; one member to serve until the first day of February, 1978, or until his or her successor is appointed and qualified; one member to serve until the first day of February, 1979, or until his or her successor is appointed and qualified; and one member to serve until February, 1980, or until his or her successor is appointed and qualified.
(3) Upon completion of the original term the terms of members identified in subdivision (2) of this subsection shall be for five (5) years.
(4) One member of the board shall be from the general public; and one member shall be from the state department of environmental management. Those members shall serve for terms of five (5) years.
(5) Three (3) members of the board shall be landscape architects whose residences and principal places of business shall be within this state, who have been actively engaged in the practice of landscape architecture within this state. The original appointees to the board do not need to be registered but engaged in the practice of landscape architecture for a minimum of four (4) years.
(6) The governor may remove any member from office for misconduct, incapacity or neglect of duty.
(b) During the month of July of each year, the board shall elect from its members a chairperson and a vice chairperson.
(c) The secretary of the board shall keep a true and complete record of all proceedings of the board and shall aid in the enforcement of this chapter.
(d) The board may make all necessary regulations and bylaws not inconsistent with this chapter.
(e) In carrying into effect the provisions of this chapter, the board may subpoena witnesses and compel their attendance and may require the production of books, papers, and documents in any proceeding involving the revocation of registration, or practicing or offering to practice without registration.
(1) Any member of the board may administer oaths or affirmations to witnesses appearing before the board.
(2) If any person fails to appear in response to that process, or if, having appeared in obedience to the process, he or she refuses to answer any pertinent questions put to him or her by any member of the board or its counsel, he or she, upon presentation of those facts to the superior court, shall be subject to any fines and penalties that might be imposed by this court if that failure or refusal occurred in any civil action pending in that court.
(f) The board may establish a procedure for complaints concerning any licensed or certified landscape architects.
(g) The board shall establish procedures and programs in conjunction with the department of environmental management and may annually publish a report of its activities, operations, and recommendations.
(h) The members Members
of the board shall receive compensation of
twenty-five dollars ($25.00) not be
compensated for meetings attended;
provided, that no member shall receive more than three hundred dollars ($300)
annually.
SECTION 17.
Section 16-59-1 of the General Laws in Chapter 16-59 entitled "Board of
Governors for Higher Education" is hereby amended to read as follows:
16-59-1. Board of governors for higher education established. -- (a) There is created a board of governors for higher education, sometimes referred to as the "board" or the "board of governors", which shall be and is constituted a public corporation, empowered to sue and be sued in its own name, to have a corporate seal, and to exercise all the powers, in addition to those specifically enumerated in this chapter, usually appertaining to public corporations entrusted with control of postsecondary educational institutions and functions. The board shall be protected from sudden changes in membership and reversal of policy by having staggered terms for its public members. Upon its organization the board of governors shall be invested with the legal title (in trust for the state) to all property, real and personal, now owned by and/or under the control or in custody of the board of regents for education for the use of the University of Rhode Island, Rhode Island College, Community College of Rhode Island and the system of community colleges of Rhode Island including all departments, divisions, and branches of these.
(b) The board of governors is empowered to hold and operate the property in trust for the state; to acquire, hold, and dispose of the property and other like property as deemed necessary for the execution of its corporate purposes. The board of governors is made successor to all powers, rights, duties, and privileges formerly belonging to the board of regents for education pertaining to postsecondary education.
(c) The board of governors shall consist of fifteen (15) members as follows: twelve (12) public members, appointed pursuant to the terms of section 16-59-2, one of whom shall be a full time student in good standing at the University of Rhode Island, Rhode Island College or the Community College of Rhode Island, a member of the board of regents for elementary and secondary education designated by the chairperson of this board, the chairperson of the senate finance committee or his or her designee, and the chairperson of the house finance committee or his or her designee.
(d) The public members of
the board of governors shall receive compensation in
the amount of fifty dollars ($50.00) for each day of actual not be compensated for their service in attending
meetings or duly organized subcommittee meetings of the board at which business is transacted; provided, that the
compensation in any one year shall not exceed the sum of three thousand dollars
($3,000) per member.
(e) The legislative
members shall receive no compensation for their services but shall be allowed
their travel and necessary expenses. The governor shall designate one of the
public members as chairperson of the board of governors who shall receive seventy-five dollars ($75.00) for each day
of actual service in attending meetings of the board at which business is
transacted; provided, he or she shall not receive more than four thousand five
hundred dollars ($4,500) in any one year.
SECTION 18.
Section 16-60-1 of the General Laws in Chapter 16-60 entitled "Board of
Regents for Elementary and Secondary Education" is hereby amended to read
as follows:
16-60-1. Board established. -- (a) There is created a board of regents for elementary and secondary education sometimes referred to as the "regents" or the "board of regents," which shall be and is constituted a public corporation, empowered to sue and be sued in its own name, to have a corporate seal, and to exercise all the powers, in addition to those specifically enumerated in this chapter, usually appertaining to public corporations entrusted with control of elementary and secondary education institutions and functions. The regents shall be protected from sudden changes in membership and reversal of policy by having staggered terms for its public members.
(b) Upon its organization the board of regents shall be invested with the legal title (in trust for the state) to all property, real and personal, now owned by and/or under the control or in the custody of the board of regents for education for the use of the department of elementary and secondary education. The board of regents is made successor to all powers, rights, duties, and privileges pertaining to elementary and secondary education.
(c) The board of regents
for elementary and secondary education shall consist of eleven (11) members as
follows: Eight (8) public members appointed pursuant to the terms of section
16-60-2, a member of the board of governors for higher education designated by
the chairperson of this board, the chairperson of the senate finance committee
or his or her designee and the chairperson of the house finance committee or
his or her designee. The public members of the board of regents shall receive compensation in the amount of fifty dollars ($50.00)
not be compensated for each day of actual service in attending meetings
or duly organized subcommittee meetings of the board at which business is
transacted; provided, that the compensation in any
one year shall not exceed the sum of three thousand dollars ($3,000) per member.
(d) The legislative
members shall receive no compensation for their services but shall be allowed
their travel and necessary expenses. The governor shall designate one of the
public members as chairperson of the board of regents who shall receive seventy-five dollars ($75.00) for each day
of actual service in attending meetings of the regents at which business is
transacted; provided, the chairperson shall not receive more than four thousand
five hundred dollars ($4,500) in any one year.
SECTION 19.
Section 16-61-4 of the General Laws in Chapter 16-61 entitled "Rhode
Island Public Telecommunications Authority" is hereby amended to read as
follows:
16-61-4. Appointment of public members -- Compensation. -- (a) The governor shall with the consent of the senate establish the authority by appointing five (5) members to serve staggered terms. The appointments shall be made for terms of three (3) years commencing on February lst in the year of appointment and ending on January 31st in the third (3rd) year after this. Any vacancy among the public members of the authority shall be filled by appointment of the governor for the remainder of the unexpired term. In the selection and appointment of members of the authority, the governor shall seek persons who best serve the entire needs of the state. Public members shall not be appointed for more than two (2) successive three (3) year terms each; provided, that this limitation shall not apply to that person designated as chairperson by the governor who may be a member so long as he or she shall serve as chairperson.
(b) The public members of
the authority shall receive compensation in the
amount of fifty dollars ($50.00) shall
not be compensated for each day of actual
service in attending meetings or duly organized subcommittee meetings of the
authority at which business is transacted; provided,
that the compensation in any one year shall not exceed the sum of three
thousand dollars ($3,000) per member.
(c) The senate and house
finance chairpersons shall receive no compensation for their services but shall
be allowed their travel and necessary expenses. The
chairperson of the authority shall receive seventy-five dollars ($75.00) for each
day of actual service in attending meetings of the board at which business is
transacted; provided, that he or she shall not receive more than four thousand
five hundred dollars ($4,500) in any one year.
SECTION 20.
Section 22-14-1 of the General Laws in Chapter 22-14 entitled "Legislative
Oversight Commission" is hereby amended to read as follows:
22-14-1. Establishment -- Purpose -- Membership -- Compensation. -- (a) There is established an oversight commission empowered to conduct evaluations and reviews of statutes, statutory entities, and associated rules and regulations. The review or evaluation shall include, but not be limited to, the following as its objectives:
(1) The elimination of inactive entities or statutes;
(2) The elimination of entities or statutes that duplicate other entities or statutes or other governmental programs and activities or determination of an appropriate consolidation for the duplicate entities, statutes, or governmental programs and activities;
(3) The elimination or modification of inefficient, unnecessary, or ineffective entities or statutes; and
(4) The determination of the impact of rules and regulations promulgated by any entity.
(b) The commission shall consist of fourteen (14) members all of whom shall be citizens and residents of this state; four (4) of whom shall be members of the house of representatives, not more than three (3) from the same political party, to be appointed by the speaker; three (3) of whom shall be members of the senate, not more than two (2) from the same political party, to be appointed by the president of the senate; one of whom shall be the director of administration; four (4) of whom shall be members of the general public to be appointed by the governor; one of whom shall be the fiscal assistant to the house finance committee; and one of whom shall be the auditor general.
(c) The public members shall be appointed for terms of three (3) years except for the two (2) members originally appointed; one shall be appointed for a term of one year and one shall be appointed for a term of two (2) years.
(d) The legislative members shall serve a term of two (2) years. The members shall annually elect one of them as chairperson of the commission.
(e) Any vacancy on the commission, occurring for any reason prior to the expiration of the term, including, but not limited to, termination of active membership in the general assembly, shall be filled for the unexpired term by the appointing authority in the same manner as the original appointment.
(f) Any member of the commission may, for cause, be summarily removed from office by the appointing authority, which removal shall be subject to judicial review by the superior court, and pending that review the member shall not carry out any duties as a commission member.
(g) The director of administration, the fiscal assistant to the house finance committee, and the auditor general respectively may designate a person to represent them at all commission meetings.
(h) The members of the commission, except those members from the general public, shall receive no salaries but shall be allowed reasonable expenses in the performance of their official duties.
(i) The members from the
general public shall receive the sum of fifty
dollars ($50.00) per meeting not to exceed the sum of two thousand dollars
($2,000) per year not be compensated for
service on the board.
SECTION 21.
Section 23-27.3-108.2.2 of the General Laws in Chapter 23-27.3 entitled
"State Building Code" is hereby amended to read as follows:
23-27.3-108.2.2. Compensation
of committee members. -- The members of the committee shall not be compensated, as
of July 1, 1978, at a rate of fifty dollars ($50.00) per meeting not to exceed
one thousand two hundred fifty dollars ($1,250) per annum; and the chairperson
of the commission shall be compensated at the rate of seventy-five dollars
($75.00) per meeting not to exceed one thousand eight hundred and seventy-five
dollars ($1,875) per annum. There is hereby appropriated the sum of
twenty-three thousand one hundred twenty-five dollars ($23,125) from the
general treasury to cover the compensation of the committee for their service on the board.
SECTION 22.
Section 23-28.3-4 of the General Laws in Chapter 23-28.3 entitled "Fire
Safety Code Board of Appeal and Review" is hereby amended to read as
follows:
23-28.3-4. Compensation
of board members. -- (a) The members of the board shall not be compensated, as
of July 1, 1978, at a rate of fifty dollars ($50.00) per meeting, plus
for their service on the board, but shall be
reimbursed for their reasonable expenses;
and the chairperson of the board shall be compensated at the rate of
seventy-five dollars ($75.00) per meeting.
(b) In no event shall the
fire safety code board expend more than fifty-seven thousand five hundred
dollars ($57,500) for compensation and
expenses of board members.
SECTION 23.
Section 28-27-3 of the General Laws in Chapter 28-27 entitled "Mechanical
Trades" is hereby amended to read as follows:
28-27-3. Disposition of fees -- Annual report. -- (a) Annually, after June 30th of each year, the division's state licensed chief administrator will compile a detailed statement of all income and expenses of the division. Any proceeds from the licensing fees and any other income guaranteed pursuant to this section shall be deposited as general revenues.
(b) Members of the board shall not be
compensated for their service on the board.
SECTION 24.
Section 28-45-2 of the General Laws in Chapter 28-45 entitled
"Apprenticeship Programs in Trade and Industry" is hereby amended to
read as follows:
28-45-2. Apprenticeship council. -- (a) The director of labor and training, with the advice and consent of the governor, shall appoint a state apprenticeship council composed of four (4) representatives each from employer and employee organizations respectively. The council shall, by majority vote, elect from its membership a chairperson, a vice-chairperson, and a secretary. The vice-chairperson shall act in the absence or inability of the chairperson.
(b) Upon the expiration of the terms of the council's present membership, the director of labor and training, with the advice and consent of the governor, shall appoint members to the apprenticeship council for initial terms, and those members shall hold office until their successors are appointed and have qualified, as follows:
(1) One representative each from employer and employee organizations respectively, for an initial term of one year;
(2) One representative each from employer and employee organizations respectively, for an initial term of two (2) years;
(3) One representative each from employer and employee organizations respectively, for an initial term of three (3) years; and
(4) One representative each from employer and employee organizations respectively, for an initial term of four (4) years.
(c) Upon the expiration of those initial terms, members shall be appointed for terms of four (4) years, and shall hold office until their successors are appointed and have qualified. Any vacancy shall be filled by appointments by the director of labor and training, with the advice and consent of the governor, for the unexpired portion of the term. The commissioner of elementary and secondary education, the director of labor and training shall be members of the council, ex-officio, without vote.
(d) The council may, by majority vote, designate any consultants that it may deem necessary and desirable to assist it in the performance of its duties.
(e) Members of the board shall not be
compensated for their service on the board.
SECTION 25.
Section 28-5-11 of the General Laws in Chapter 28-5 entitled "Fair
Employment Practices" is hereby amended to read as follows:
28-5-11. Compensation
of commission members -- Reappointment. -- Members of the commission
shall receive compensation not exceeding fifty
dollars ($50.00) for each day, or part of the day, necessarily spent in
not be compensated for the discharge of
their official duties with a maximum of three
thousand dollars ($3,000) in one year. In addition, they but shall be entitled to the reimbursement of expenses actually and
necessarily incurred by them in the performance of their duties. All members of
the commission shall be eligible for reappointment.
SECTION 26.
Section 31-5-2.1 of the General Laws in Chapter 31-5 entitled "Dealers',
Manufacturers', and Rental Licenses" is hereby amended to read as follows:
31-5-2.1. Motor vehicle dealers license and hearing board. -- (a) A board composed of a total of five (5) members, two (2) of which shall be licensed automobile dealers, one new car Rhode Island licensed automobile dealer, and one used car Rhode Island licensed automobile dealer, each to serve a three (3) year term; one active Rhode Island state police officer appointed by the superintendent of Rhode Island state police and shall serve a five (5) year term; one active employee of the Rhode Island department of administration appointed by the director of administration shall serve a five (5) year term, and one licensed Rhode Island attorney in good standing shall serve a seven (7) year term. The two (2) automobile dealers and attorney shall be appointed by the governor. The board shall be known as the motor vehicle dealers license and hearing board.
(b) The board shall issue the license provided for in sections 31-5-5 -- 31-5-9 and section 31-5-34. The board shall have supervision over the license with respect to all of the provisions of sections 31-5-1 -- 31-5-39 and shall have the power to promulgate rules and regulations to fulfill the purposes of this chapter and to protect the public interest. The board shall have the power to set, from time to time, the maximum number of plates to be issued to each dealer after due investigation and after considering the number of plates reasonably required for the operation of the dealers business, and shall have the power to declare and define what constitutes a licensee. The provisions of sections 31-5-1 -- 31-5-20, and sections 31-5-33 -31-5-39 shall be administered by the board or by any of its duly authorized representatives.
(c) The board shall have all of the same powers, duties, and responsibilities of the previous Rhode Island dealers hearing board established by the director of the department of transportation.
(d) The board shall constitute an agency and shall follow the Administrative Procedure Act, chapter 35 of title 42, and its decisions are appealable to the director of administration. The director's decision shall be appealable to the superior court.
(e) A member of the board may be removed for cause by the director of administration after a hearing conducted by the director determining that cause exists and a written decision explaining the reason for the removal. The director's decision of removal shall be appealable to the superior court.
(f) The members of the Rhode Island dealers hearing board serving as of August 31, 1993 shall serve out their respective terms of office and will remain on the motor vehicle dealers license and hearing board until their respective terms expire and a subsequent appointment is made by the governor, or respective appointing authority. If a vacancy occurs on the board for any reason, an individual shall be appointed according to the procedures set forth in subsection (a) of this section and this individual will serve out the remainder of the unexpired term of the vacancy.
(g) The director of administration shall provide suitable office space for the board and its personnel to suit the public convenience in all proper way to facilitate the work of the board in carrying out the provisions of sections 31-5-1 -- 31-5-20 and sections 31-5-33 to 31-5-39.
(h) Members of the board shall serve without salary, nor shall they be compensated for attendance at board meetings, however, members of the board shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The department of administration shall provide funds to pay said expenses. Also, the department shall provide legal counsel to the board to defend and enforce the board's decision and provide legal advice on any matters that may come before the board.
(i) If any section, phrase, clause, sentence or part of this section is declared unconstitutional or otherwise invalid, that invalidity will not effect remaining portions of this section.
SECTION 27.
Section 31-10-44 of the General Laws in Chapter 31-10 entitled "Operators'
and Chauffeurs' Licenses" is hereby amended to read as follows:
31-10-44. Medical advisory board. -- (a) There shall be established within the division of motor vehicles a medical advisory board to function solely as an advisory panel to the administrator of the division of motor vehicles on the subjects of physical and mental fitness standards for licensure to operate a motor vehicle and eligibility standards for disability parking privileges. When any person's eligibility or continuing eligibility for a license is questioned on the grounds of physical or mental fitness, the administrator of the division of motor vehicles may consult with relevant specialist members of the medical advisory board in determining that person's qualifications to operate a motor vehicle. The administrator of the division of motor vehicles may also consult with relevant specialist members of the medical advisory board in making determinations of eligibility for disability parking privileges.
(b) In accordance with chapter 35 of title 42, the administrator of the division of motor vehicles shall establish by regulations functional standards for determining physical and mental fitness for motor vehicle licensure. The promulgated standards will be based on current medical knowledge and objective data regarding fitness to safely operate motor vehicles, and will conform to the requirements of the Americans With Disabilities Acts and chapter 87 of title 42. In developing those functional standards the administrator of the division of motor vehicles shall consult with knowledgeable health and rehabilitation professionals including the Medical Society of Rhode Island and the medical advisory board.
(c) The medical board shall consist of a physician in general practice, a neurologist, a psychiatrist, an optometrist, and an orthopedic physician who shall be appointed by the governor; a physician from the Rhode Island department of health designated by the director of health who shall serve ex officio; and two (2) members of the general public approved by the governor, one of whom shall be representative of the elderly, and one of whom shall be representative of the people who are disabled. These members shall be appointed for a period of three (3) years.
(d) Any physician or optometrist who diagnoses a physical or mental condition which in the physician's or optometrist's judgment will significantly impair the person's ability to operate safely a motor vehicle may voluntarily report the person's name and other information relevant to the condition to the medical advisory board within the division of motor vehicles.
(e) Any physician or optometrist reporting in good faith and exercising due care shall have immunity from any liability, civil or criminal, that otherwise might result by reason of his or her actions pursuant to this section. No cause of action may be brought against any physician or optometrist for not making a report pursuant to this section.
(f) For the purposes of this section, a "physician" is any person practicing medicine requiring a license pursuant to chapter 37 of title 5, and an "optometrist" is any person as defined in section 5-35-1.
(g) Members of the medical
board shall receive, as compensation shall not be compensated for their services on
the board, fifty dollars ($50.00) per meeting,
except for the ex officio members provided, that no member shall receive more than
seven hundred dollars ($700) per annum pursuant to this section.
They shall meet at the request of the administrator of the division of motor
vehicles at a time convenient to them.
SECTION 28.
Section 35-10-7 of the General Laws in Chapter 35-10 entitled "State
Investment Commission" is hereby amended to read as follows:
35-10-7. Expenses of
commission -- Employees. -- (a) Members of the commission serving in an
ex officio capacity shall serve without compensation but shall be reimbursed
for any necessary expenses. Those members appointed
by the governor shall receive as compensation the sum of seventy-five dollars
($75.00) for each meeting; provided, that this compensation shall not exceed
the sum of nine hundred dollars ($900) for any one member in any fiscal year.
The commission shall be authorized to employ investment counsel and such
clerical employees as may be required. The investment counsel shall be in the
unclassified service of the state.
(b) No member or employee of the commission shall profit directly or indirectly from any investment transaction made by the commission. This provision is not intended to limit in any way the right of any member or employee of the commission to own shares of stock or bonds of any corporation or other entity in which money of the several funds are or may be invested.
SECTION 29.
Section 36-14-8 of the General Laws in Chapter 36-14 entitled "Code of
Ethics" is hereby amended to read as follows:
36-14-8. Rhode Island ethics commission -- Establishment -- Members -- Vacancies -- Quorum -- Compensation and quarters. -- (a) There is hereby established an independent and nonpartisan Rhode Island ethics commission composed of nine (9) members appointed by the governor. The president of the senate, the minority leader of the senate, the speaker of the house of representatives, the majority leader of the house of representatives, and the minority leader of the house of representatives shall, within twenty (20) days of July 21, 1992, each submit to the governor a list of names of at least five (5) individuals. The governor shall, within forty (40) days of July 21, 1992, appoint one individual from each of the lists so submitted and four (4) individuals without regard to the lists submitted by the legislative leaders.
(b) Members of the commission shall serve for terms of five (5) years, except that, of the members first appointed:
(1) The individual appointed from the list submitted by the majority leader of the house of representatives shall serve for one year;
(2) The individuals appointed from the lists submitted by the minority leader of the senate and one of the individuals appointed by the governor without regard to the lists submitted by the legislative leaders shall serve for two (2) years;
(3) The individual appointed from the list submitted by the minority leader of the house of representatives and one of the individuals appointed by the governor without regard to the lists submitted by the legislative leaders shall serve for three (3) years;
(4) The individual appointed from the list submitted by the president of the senate and one of the individuals appointed from the list submitted by the minority leader of the house of representatives shall serve for four (4) years; and
(5) The individual appointed from the list submitted by the speaker of the house of representatives and one of the individuals appointed from the list submitted by the minority leader of the senate shall serve for five (5) years.
(c) No member shall be appointed for more than one full five (5) year term; provided, however, that each member shall continue to serve until his or her successor is appointed and qualified; and, provided further, that if, at the time of the expiration of any member's term, that member is actively engaged in the adjudication of a complaint, he or she shall continue to serve in that capacity until the commission has completed its responsibilities with respect to that complaint.
(d) The governor shall, at the time of the initial appointments to the commission, designate one member to act as chairperson of the commission for a period of one year and another to act as vice chairperson of the commission for a period of one year. Thereafter, the commission shall elect a chairperson and a vice chairperson. The vice chairperson shall act as chairperson in the absence of the chairperson or in the event of a vacancy in that position.
(e) Any vacancy on the commission, occurring for any reason prior to the expiration of the term, shall be filled for the unexpired term by the appointing authority in the same manner as the original appointment within thirty (30) days of the vacancy occurring.
(f) No individual, while a member or employee of the commission, including any legal counsel engaged by the commission, shall:
(1) Hold or campaign for any other public office;
(2) Hold office in any political party or political committee;
(3) Participate in or contribute to any political campaign;
(4) Directly or indirectly attempt to influence any decision by a governmental body, other than as the duly authorized representative of the commission on a matter within the jurisdiction of the commission;
(5) Have held elective public office or have been a candidate for elective public office for a one year period prior to appointment.
(g) The governor shall declare vacant the position on the commission of any member who takes part in activities prohibited by subsection (f) of this section. An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member he or she succeeds, and is eligible for appointment to one full five-year term thereafter. Any vacancy occurring on the commission shall be filled within thirty (30) days in the manner in which that position was originally filled.
(h) For any action to be taken under the terms of this chapter by the full commission, five (5) members of the commission shall constitute a quorum.
(i) Commission members shall receive one hundred dollars ($100) per day as
compensation shall not be compensated
for attendance at meetings of the commission or of any investigating committee
or adjudicative panel of the commission, but not to
exceed the sum of six thousand dollars ($6,000) annually as compensation of
each member.
(j) All departments and agencies of the state or of any city or town or political subdivision within this state shall furnish such advice or information documentary or otherwise, to the commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this chapter.
(k) The director of administration is hereby authorized and directed to provide suitable quarters for the commission.
(l) When commission members act in good faith within the scope of their authority and in their official capacities they shall be afforded protection against civil liability as provided in section 9-1-31.1.
SECTION 30.
Section 41-2-2 of the General Laws in Chapter 41-2 entitled "Racing and
Athletic Hearing Board" is hereby amended to read as follows:
41-2-2. Chairperson of
board -- Compensation of members. -- The members of the board shall
elect one of their number as chairperson upon the appointment of any new member
for a full term and whenever the office may become vacant. The members of the
board shall receive compensation not exceeding the
sum of twenty-five dollars ($25.00) for each meeting, provided, however, that
the compensation shall not exceed the sum of five hundred dollars ($500) for
any one member in any fiscal year not be
compensated for their services on the board.
SECTION 31.
Section 46-9.1-3 of the General Laws in Chapter 46-9.1 entitled
"Pilots-Block Island Sound" is hereby amended to read as follows:
46-9.1-3. Pilotage commission -- Control -- Compensation. -- (a) The Rhode Island state pilotage commission created under the provisions of chapter 9 of this title, entitled "Pilots", shall have control and jurisdiction over pilotage of vessels entering or departing from any port or landing place of the state or transversing the waters of Block Island Sound.
(b) Notwithstanding the provisions of section 46-9-5, the members
Members of the commission, when they are engaged in rendering their services for the
purposes of this chapter, shall receive
compensation not be compensated
for their services at the rate of fifty dollars
($50.00) per day, plus on the board, but
shall be entitled to the reimbursement of their travel expenses.
SECTION 32.
Section 46-9-5 of the General Laws in Chapter 46-9 entitled "Pilots -
Rhode Island Sound, Narragansett Bay, Sakonnet River, and Tributaries" is
hereby amended to read as follows:
46-9-5. Pilotage commission. -- (a) There is hereby created a state pilotage commission within the department of environmental management independent of the department and the director, consisting of four (4) members, two (2) of whom shall be appointed by the governor. Of the members appointed by the governor, one shall be a licensed pilot with five (5) years active service on the waters of this state, and one shall represent the public. The chief of the division of the coastal resources and the director of the department of environmental management shall serve as ex officio members of the commission. Each appointed member of the commission shall serve for a term of three (3) years and until his or her successor shall be appointed and qualified. In the month of February, the governor shall appoint a member to hold office until the first day of March in the third year of his or her appointment, and until his or her successor shall be appointed and qualified to succeed the member whose term shall next expire.
(b) Any vacancy which may occur in the commission shall be filled by the governor as in the case of an original appointment for the remainder of the unexpired term. Any member shall be eligible to succeed him or herself.
(c) The members of the
commission, other than members who are full time
state employees, shall receive fifty dollars ($50.00) per day shall not be compensated for their services and but
shall be allowed their necessary travel expenses.
SECTION 33.
Section 46-15.1-2.4 of the General Laws in Chapter 46-15.1 entitled "Water
Supply Facilities" is hereby amended to read as follows:
46-15.1-2.4. Compensation
of members. -- (a) The members of the board other
than , including the
chairperson may receive compensation in the amount of fifty dollars ($50.00)
for each day or portion thereof of actual service in attending meetings of the
board in which business is transacted; provided,
however, that the compensation in any one year shall not exceed the sum of
three thousand dollars ($3,000) per member. The chairperson of the board may
receive compensation in the amount of seventy-five dollars ($75.00) for each
day or portion thereof of actual service in attending meetings of the board in
which business is transacted; provided, however, that compensation of the
chairperson in any one year shall not exceed the sum of four thousand five
hundred dollars ($4,500).
(b) The members of the board may also be reimbursed for their actual expenses necessarily incurred in the performance of their duties.
SECTION 34.
Section 46-23-5 of the General Laws in Chapter 46-23 entitled "Coastal
Resources Management Council" is hereby amended to read as follows:
46-23-5. Expenses of
members. -- (a) The members of the council shall
be paid fifty dollars ($50.00) per meeting as compensation, except for
and the chairperson who shall be paid seventy-five dollars ($75.00) per meeting
as compensation; shall not be compensated
for their service on the board, but the members and chairperson
shall be reimbursed for their actual expenses necessarily incurred in the
performance of their duties.
(b) Any member other than the chairperson who shall act as chairperson, or
any member other than the chairperson who shall chair any subcommittee of the
council, shall not receive the additional compensation paid to the chairman.
SECTION 35.
Section 46-25-8 of the General Laws in Chapter 46-25 entitled
"Narragansett Bay Commission" is hereby amended to read as follows:
46-25-8. Compensation
-- Personnel. -- (a) The members of the commission are paid fifty dollars ($50.00) shall not be compensated for attendance at a full commission any
board meeting, up to a maximum of three
thousand dollars ($3,000) per year as compensation, and but shall be reimbursed for actual expenses
incurred in carrying out their duties under this chapter, except that full time state and municipal employees shall
not be paid for meetings held wholly during their normal working hours.
(b) Notwithstanding the provisions of any other law, no officer or employee of the state shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his or her acceptance of membership on the commission or his or her service thereto.
(c) The commissioners shall employ an executive director who shall also be the secretary and who shall administer, manage, and direct the affairs and business of the commission, subject to the policies, control, and direction of the commissioners. The commissioners may employ technical experts and other officers, agents, and attorneys and fix their qualifications, duties, and compensation. Employees of the commission shall not, by reason of their employment, be employees of the state for any purpose, any provision of the general laws to the contrary notwithstanding, including, without limiting the generality of the foregoing, chapters 29, 39, and 42 of title 28 and chapters 4, 8, 9, and 10 of title 36. Those employees of the commission who were employed prior to June 30, 1999, shall continue to be covered by sections 36-4-59, 36-5-7 and 36-5-8. The employees are not entitled to the provisions of sections 36-4-59, 36-5-7 and 36-5-8 while employed by the commission. The employees are only entitled to the provisions of these statutes in the event that any such employee returns to employment in the classified service in a department within the executive branch. The commissioners may employ other employees, permanent and temporary. The commissioners may delegate to one or more of its agents or employees any administrative duties that they may deem proper.
(d) The secretary shall keep a record of the proceedings of the commission and shall be custodian of all books, documents, and papers filed with the commission and of its minute book and seal. He or she shall have authority to cause to be made copies of all minutes and other records and documents of the commission, and to give certificates under the seal of the commission to the effect that the copies are true copies and all persons dealing with the commission may rely upon the certificates.
(e) The department of administration may furnish the commission with suitable offices and telephone service in the state house, state office building, or some other convenient location, for the transaction of its business.
(f) The commissioners of the commission shall, at regular intervals conduct business meetings for the purpose of carrying out its general business. The meetings shall be subject to the provisions of chapter 46 of title 42 entitled "open meetings".
SECTION 36.
Section 44-34-11 of the General Laws in Chapter 44-34 entitled "Excise on
Motor Vehicles and Trailers" is
hereby amended as follows:
44-34-11. Rhode Island vehicle value commission. [Repealed effective July 1, 2005.] -- (a) There is created the "Rhode Island vehicle value commission" to establish presumptive values of vehicles and trailers subject to the excise tax.
(b) The commission consists of the following nine (9) members: one designee of the director of transportation; five (5) local tax officials named by the governor, at least one of whom is from a town under ten thousand (10,000) population and at least one of whom is from a city over fifty thousand (50,000) population, from a list of nominees submitted by the president of the Rhode Island league of cities and towns; and two (2) designees who are private citizen car owners, one of whom is named by the speaker of the house and one of whom is named by the president of the senate; and one motor vehicle dealer designated by the director of administration; all departmental designees serve at the pleasure of the designating agency, but, for a term of no less than one year, and all other designees serve for a term of three (3) years.
(c) The commission shall annually determine the presumptive values of vehicles and trailers subject to the excise tax in the following manner:
(1) Not earlier than September 30 and not later than December 31 of each year the commission shall by rule adopt a methodology for determining the presumptive value of vehicles and trailers subject to the excise tax which gives consideration to the following factors:
(i) The average retail price of similar vehicles of the same make, model, type, and year of manufacture as reported by motor vehicle dealers or by official used car guides, as that of the national automobile dealers association for New England. Where regional guides are not available, the commission shall use other publications deemed appropriate; and
(ii) Other information concerning the average retail prices for make, model, type, and year of manufacture of motor vehicles as the director and the Rhode Island vehicle value commission may deem appropriate to determine fair values.
(2) On or before February 1 of each year, it shall adopt a list of values for vehicles and trailers of the same make, model, type, and year of manufacture as of the preceding December 31 in accordance with the methodology adopted between September 30 and December 31; the list is subject to a public hearing at least five (5) business days prior to the date of its adoption.
(3) Nothing in this section is deemed to require the commission to determine the presumptive value of vehicles and trailers which are unique, to which special equipment has been added or to which special modifications have been made, or for which adequate information is not available from the sources referenced in subsection (c)(1), provided, that the commission may consider those factors in its lists or regulations.
(4) The commission shall annually provide the list of presumptive values of vehicles and trailers to each tax assessor on or before February 15 of each year.
(d) The commission shall adopt rules governing its organization and the conduct of its business; prior to the adoption of the rules, the designee of the department of administration shall serve as chairperson of the commission and has the power to call meetings, and a simple majority of the members of the commission, as provided for in subsection (b), is necessary for a quorum, which quorum by majority vote has the power to conduct business in the name of the commission.
(e) The commission has the power to contract for professional services that it deems necessary for the development of the methodology for determining presumptive values, for calculating presumptive values according to the methodology, and for preparing the list of presumptive values in a form and format that is generally usable by cities and towns in their preparation of tax bills. The commission also has the power to incur reasonable expenses in the conduct of its business as required by this chapter and to authorize payments for the expenses.
(f) Compensation for members for attendance at meetings is initially
at a rate of fifty dollars ($50.00) per meeting unless otherwise determined by
the unclassified pay board. Members of
the commission shall not be compensated for their service on the board.
(g) The commission shall respond to petitions of appeal by local boards of review in accordance with the provisions of section 44-34-9(a).
(h) The commission shall establish by rule, procedures for adopting an annual budget and for administering its finances. After July 1, 1986, one-half ( 1/2) of the cost of the commission's operations shall be borne by the state and one-half ( 1/2) borne by cities and towns, within the state with the city and town share distributed among cities and towns on a per capita basis.
SECTION 37.
Section 45-19-6 of the General Laws in Chapter 45-19 entitled "Relief of
Injured and Deceased Fire Fighters and Police Officers" is hereby amended
to read as follows:
45-19-6. Compensation
of fund members. -- (a) The secretary of the
fire fighter's relief fund and the secretary of the police officer's relief
fund are each paid one thousand dollars ($1,000) annually. Members of the commission shall not be compensated for their
service on the commission.
(b) Any other member of the board of fire fighter's relief and the board
of police officer's relief paid twenty-five dollars ($25.00) for each meeting
attended. These payments are not to exceed three hundred dollars ($300)
annually.
SECTION 38.
This article shall take effect upon passage.
ARTICLE 22 SUBSTITUTE A AS AMENDED
RELATING TO RESTRICTED RECEIPT ACCOUNTS
SECTION 1.
Sections 42-66.2-4 and 42-66.2-10 of the General Laws in Chapter 42-66.2
entitled "Pharmaceutical Assistance to the Elderly Act" are hereby
amended to read as follows:
42-66.2-4. Amount of payment. -- The state shall pay the percentage rate of the maximum allowable amount per prescription as formulated in the contract, as of the date of purchase of the drug, between the contractor and participating pharmacies in accordance with the income eligibility and co-payment shares set forth in section 42-66.2-5. The rebates generated pursuant to section 42-66.2-10 shall be used to offset the state's payment. The pharmacy shall collect from the consumer the percentage rate of the maximum allowable amount per prescription as formulated in the contract, as of the date of the purchase of the eligible drug or additional drug, between the contractor and participating pharmacies in accordance with the income eligibility and co-payment shares set forth in section 42-66.2-5.
42-66.2-10. Pharmaceutical manufacturer drug rebates. -- (a) The director shall enter into prescription drug rebate agreements with individual pharmaceutical manufacturers under which the department shall receive a rebate from the pharmaceutical manufacturer equal to the basic rebate supplied by the manufacturer under 42 U.S.C. section 1396a for every eligible prescription drug dispensed under the program. Each prescription drug rebate agreement shall provide that the pharmaceutical manufacturer shall make quarterly rebate payments to the department equal to the basic rebate supplied by the manufacturer under 42 U.S.C. section 1396a for the total number of dosage units of each form and strength of a prescription drug which the department reports as reimbursed to providers of prescription drugs, provided these payments shall not be due until thirty (30) days following the manufacturer's receipt of utilization data from the department including the number of dosage units reimbursed to providers of eligible prescription drugs during the quarter for which payment is due.
(b) (1) Upon receipt of the utilization data from the department, the pharmaceutical manufacturer shall calculate the quarterly payment. The department may, at its expense, hire a mutually agreed upon independent auditor to verify the calculation and payment. In the event that a discrepancy is discovered between the pharmaceutical manufacturer's calculation and the independent auditor's calculation, the pharmaceutical manufacturer shall justify its calculations or make payment to the department for any additional amount due.
(2) The pharmaceutical manufacturer may, at its expense, hire a mutually agreed upon independent auditor to verify the accuracy of the utilization data provided by the department. In the event that a discrepancy is discovered, the department shall justify its data or refund any excess payment to the pharmaceutical manufacturer. The department may, at its expense, establish a grievance adjudication procedure which provides for independent review of manufacturer documentation substantiating the basic rebate amount per unit delivered under 42 U.S.C. section 1396a. In the event that a discrepancy is discovered, the department shall justify its data or refund any excess payment to the pharmaceutical manufacturer.
(c) All eligible prescription drugs of a pharmaceutical manufacturer that enters into an agreement pursuant to subsection (a) shall be immediately available and the cost of these eligible drugs shall be reimbursed and not subject to any restrictions or prior authorization requirements. Any prescription drug of a manufacturer that does not enter into an agreement pursuant to subsection (a) shall not be reimbursable, unless the department determines the eligible prescription drug is essential to program participants.
(d) All rebates collected
by the department from the rebate payments made for drugs for persons eligible
under the provisions of section 42-66.2-5(a) shall be deposited as general revenues of the state. in a restricted receipt account, hereby created within the
agency and known as Pharmaceutical Rebates, to pay costs in accordance with the
provisions of section 42-66.2-4.
SECTION 2. Section 35-4-27 of the General Laws in
Chapter 35-4 entitled “State Funds” is hereby amended to read as follows:
35-4-27. Indirect cost
recoveries on restricted receipt accounts. – Indirect cost recoveries of seven percent (7%) ten
percent (10%) of cash receipts shall be transferred from all restricted
receipt accounts, to be recorded as general revenues in the general fund.
However, there shall be no transfer from cash receipts with restrictions
received exclusively: (1) from
contributions from non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on
federal grant funds; or (3) through transfers from state agencies to the
department of administration for the payment of debt service. These
indirect cost recoveries shall be applied to all accounts, unless prohibited by
federal law or regulation, court order, or court settlement. The following
restricted receipt accounts shall not be subject to the provisions of this
section:
ACCOUNT PROGRAM 1052-80300 Ladd school – Patients’ benefit
1065-80300 IMH – Patients’ benefit
1072-80200 General hospital – Patients’ benefit
1074-80300 Zambarano – Patients’ benefit
1101-80601 Indirect cost recovery
1143-80100 Forfeited property – Drug control
Department of Human Services
1210-80102 Indirect
cost recoveries
1210-80103 Indirect cost recoveries
1210-80105 Indirect cost recoveries
1210-80106 Indirect cost recoveries
1235-80100 Veterans’
home – Restricted account
1235-80300 Veterans’
home – Resident benefits
1260-80100 Organ
transplant fund
1370-80100 Custody of U.S. detainees
1370-80300 ACI – Inmate benefits
1410-80100 Recovery of indirect costs
Department of Environmental Management
1725-80100 National
heritage revolving fund
1725-80300 Blackstone River bicycle study
1732-80800 Non-game wildlife fund (G.L. 20-18)
1736-80600 Galilee Port improvement
1751-81000 RIDOT permits program
1753-80200 UST loan fund
1754-80200 Environmental
response fund Ii II
1754-80700 RIDOT Quonset cleanup
1759-80100 Underground
storage tanks
1912-80200 R.I.P.T.A.
1932-80200 Gasoline tax/debt service *
2024-80400 Asset forfeiture fund
2024-81200 Indirect cost recovery – SA
Rhode Island Council on the Arts
2061-80400 Art
for public facilities fund
Rhode Island Historical Preservation and Heritage Commission
2062-80500 Historic
preservation revolving loan fund
2062-80600 Hp rev. Historic
Preservation loan fund – Interest
revenue
State Police
2570-80100 Forfeited
property – Retained
2570-80200 Seized & forfeited prop. Fed. distrbd.
Forfeitures - Federal
2570-80400 Forfeited
property – Gambling
Attorney General
Forfeiture of property
Federal forfeitures
2230-82600 Attorney
General multi-state initiative account
Department of Administration
2441-80100 COBRA
2450-80200 DEPCO escrow account
2473-80100 Public service corp. tax – Admin. expen.
2480-80400 Restore
and replacement – Insurance coverage
2480-80800 Convention
center authority rental payments
2920-80300 Debt service on borrowed funds
Investment Receipts –TANS
Car Rental Tax/Surcharge-Warwick Share
Legislature
2626-80100 Audit
of federal assisted programs
2816-80100 Arts and tourism development fund
3260-81500 Intermodal surface transportation fund
Department of Elderly Affairs
Pharmaceutical Rebates Account
SECTION 3. This article shall take effect as of April 1, 2005.
ARTICLE 23 SUBSTITUTE A
RELATING TO HEALTH CARE QUALITY PROGRAM
SECTION 1.
Section 23-17.17-7 of the General Laws in Chapter 23-17.17 entitled
"Health Care Quality Program" is hereby amended to read as follows:
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 2004 data as reported in "The Health of RI's
Hospitals (2003) (2004)" (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 be computed by determining the average Profit Margin for each hospital
for the previous three (3) fiscal years (2001,
2002, 2003, 2004). 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 2004
to the sum of all eligible hospitals' inpatient discharges in 2003 2004.
(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 2006 is set at two
three million three hundred thousand
dollars ($2,300,000) ($3,300,000).
(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 as of July 1,
2005.
ARTICLE 24 SUBSTITUTE A
RELATING TO MOTOR VEHICLE REGISTRATION AND OPERATOR LICENSE FEES
SECTION 1. Section 31-6-1 of the General Laws in Chapter 31-6 entitled “Registration Fees” is hereby amended to read as follows:
31-6-1. Amount of registration and miscellaneous fees. – (a) The following registration fees shall be paid to the division of motor vehicles for the registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for each year of registration:
(1) For the registration of every automobile, when equipped with pneumatic tires: thirty dollars ($30.00).
(2) For the registration of every motor truck or tractor when equipped with pneumatic tires, for the gross weight of which is:
(i) Not more than four thousand pounds (4,000 lbs.): thirty-four dollars ($34.00);
(ii) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds (5,000 lbs.): forty dollars ($40.00);
(iii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds (6,000 lbs.): forty-eight dollars ($48.00);
(iv) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds (7,000 lbs.): fifty-six dollars ($56.00);
(v) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand pounds (8,000 lbs.): sixty-four dollars ($64.00);
(vi) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds (9,000 lbs.): seventy dollars ($70.00);
(vii) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds (10,000 lbs.): seventy-eight dollars ($78.00);
(viii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand pounds (12,000 lbs.): one hundred six dollars ($106);
(ix) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand pounds (14,000 lbs.): one hundred twenty-four dollars ($124);
(x) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand pounds (16,000 lbs.): one hundred forty dollars ($140);
(xi) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand pounds (18,000 lbs.): one hundred fifty-eight dollars ($158);
(xii) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand pounds (20,000 lbs.): one hundred seventy-six dollars ($176);
(xiii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194);
(xiv) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four thousand pounds (24,000 lbs.): two hundred ten dollars ($210);
(xv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six thousand pounds (26,000 lbs.): two hundred thirty dollars ($230);
(xvi) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296);
(xvii) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316);
(xviii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422);
(xix) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448);
(xx) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476);
(xxi) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight thousand pounds (38,000 lbs.): five hundred and two dollars ($502);
(xxii) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528);
(xxiii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand pounds (42,000 lbs.): five hundred and fifty-four dollars ($554);
(xxiv) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six thousand pounds (46,000 lbs.): six hundred and eight dollars ($608);
(xxv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand pounds (50,000 lbs.): six hundred and sixty dollars ($660);
(xxvi) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand pounds (54,000 lbs.): seven hundred and twelve dollars ($712);
(xxvii) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768);
(xxviii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816);
(xxix) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876);
(xxx) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924);
(xxxi) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972);
(xxxii) Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross weight.
(3) For the registration of every semi-trailer to be used with a truck-tractor as defined in § 31-1-4(a) shall be as follows: annual fee of twelve dollars ($12.00) for a one year registration, for multi-year registrations the fee of fifty dollars ($50.00) for a five (5) year registration and eighty dollars ($80.00) for an eight (8) year registration. However, when in use the weight of the resulting semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of the original semi-trailer unit from which the gross weight of the tractor was determined. A registration certificate and registration plate shall be issued for each semi-trailer so registered. There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety (90) days before the effective date of that year's registration, the pro rate amount, based on the unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A multi-year semi-trailer registration may be transferred to another semi-trailer subject to the provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer registration fee shall be retained by the division of motor vehicles to defray the costs of implementation of the international registration plan (IRP) and fleet registration section.
(4) For the registration of every automobile, motor truck, or tractor, when equipped with other than pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents (10¢) for each one hundred (100) pounds of gross weight.
(5) For the registration of every public bus, the rates provided for motor vehicles for hire plus two dollars ($2.00) for each passenger which that bus is rated to carry, the rating to be determined by the administrator of the division of motor vehicles.
(6) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars ($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education to assist in the payment of the cost of the motorcycle driver's education program as enumerated in § 31-10.1-1.1.
(7) For the registration of every trailer not including semi-trailers used with a truck-tractor as defined in § 31-1-4(a), with a gross weight of three thousand pounds (3,000 lbs.) or less, five dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.).
(8) The annual registration fee for a motor vehicle, commonly described as a boxcar and/or locomotive, and used only by la societe des 40 hommes et 8 chevaux for civic demonstration, parades, convention purposes or social welfare work, shall be two dollars ($2.00).
(9) For the registration of every motor vehicle, trailer, or semi-trailer owned by any department or agency of any city or town or district, provided the name of the city or town or district or state department or agency owning the same shall be plainly printed on two (2) sides of the vehicle, two dollars ($2.00).
(10) For the registration of motor vehicles used for racing, fifteen dollars ($15.00).
(11) For every duplicate registration certificate, one dollar ($1.00) seventeen
dollars ($17.00).
(12) For every certified copy of a registration certificate or
application, one dollar ($1.00) ten dollars ($10.00).
(13) For every certificate assigning a special identification number or mark as provided in § 31-3-37, one dollar ($1.00).
(14) For every replacement of number plates or additional pair of
number plates, without changing the number, five
dollars ($5.00) thirty dollars ($30.00).
(15) For the registration of every farm vehicle, used in farming as provided in § 31-3-31, ten dollars ($10.00).
(16) For the registration of antique motor vehicles, five dollars ($5.00).
(17) For the registration of a suburban vehicle, when used as a pleasure vehicle, the same rates as charged in subdivision (1) of this subsection shall be applicable and when used as a commercial vehicle, the same rates as provided in subdivision (2) of this subsection shall be applicable.
(18) For the registration of every motor bus which is used exclusively under contract with a political subdivision or school district of the state for the transportation of school children, three dollars ($3.00) provided that the motor bus may also be used for the transportation of persons to and from church and Sunday school services, and for the transportation of children to and from educational or recreational projects sponsored by a city or town or by any association or organization supported wholly or in part by public or private donations for charitable purposes, without the payment of additional registration fee.
(19) For the registration of every motorized bicycle, ten dollars ($10.00).
(20) For the registration of every motorized tricycle, ten dollars ($10.00).
(21) For the replacement of number plates with a number change, five dollars ($5.00) twenty
dollars ($20.00).
(22) For the initial issuance and each reissuance of fully reflective plates as required by §§ 31-3-10 and 31-3-32, an additional six dollars ($6.00).
(23) For the issuance of a trip permit under the International Registration Plan, twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two (72) hour trip permits for vehicles required to be registered in the International Registration Plan that have not been apportioned with the state of Rhode Island.
(24) For the issuance of a hunter's permit under the International Registration Plan, twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue hunter's permits for motor vehicles based in the state of Rhode Island and otherwise required to be registered in the International Registration Plan. These permits are valid for thirty (30) days.
(25) For the registration of a specially adapted motor vehicle necessary to transport a family member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) assessed.
(b) In the event that the registrant voluntarily cancels his registration within the period of registration, the division of motor vehicles shall refund only that portion of the fee paid which represents full-year segments of the registration fee paid.
SECTION
2. Section 31-10-31 of the General Laws in Chapter 31-10 entitled
“Operators' and Chauffeurs' Licenses” is hereby amended to read as follows:
31-10-31. Fees. – The following fees shall be paid to the division of motor vehicles:
(1) For every operator's first license to operate a motor vehicle,
twelve dollars ($12.00) twenty-five dollars ($25.00);
(2) For every chauffeur's first license, twelve dollars ($12.00) twenty-five dollars ($25.00); provided, that when a Rhode
Island licensed operator transfers to a chauffeur's license, the fee for the
transfer shall be two dollars ($2.00);
(3) For every learner’s permit to
operate a motorcycle, twenty-five dollars ($25.00);
(4) For every operator’s first license to operate a motorcycle, twenty-five dollars ($25.00);
(3)(5) For every renewal of an operator's or
chauffeur's license, thirty dollars ($30.00); with the exception of any person
seventy (70) years of age or older for whom the renewal fee will be eight
dollars ($8.00);
(4)(6) For every duplicate operator's or chauffeur's
license, ten dollars ($10.00) twenty-five dollars ($25.00);
(5)(7) For every road test, other than the road test
included in the first license examination, two dollars ($2.00);
(6)(8) For every certified copy of any license,
permit, or application issued under this chapter, ten dollars ($10.00);
(7)(9) For every duplicate instruction permit, ten
dollars ($10.00);
(8)(10) For every first license examination, five
dollars ($5.00);
(9)(11) For every routine information update, i.e.,
name change or address change, one dollar fifty
cents ($1.50) five dollars ($5.00).
(12) For surrender of an out-of-state license, in addition to the above fees, five dollars ($5.00).
SECTION
3. This article shall take effect
as of July 1, 2005.
ARTICLE 25 SUBSTITUTE A AS AMENDED
RELATING TO COURT COLLECTIONS
SECTION 1. Section 8-8-12 of the General Laws in Chapter
8-8 entitled “District Court” is hereby amended to read as follows:
8-8-12. Duties of chief judge. – (a) The chief judge shall be the administrative head of the district court and shall be responsible for its operation and the efficient use of its manpower. To this end he or she shall:
(1) Hold court in any division when he or she deems it necessary;
(2) Assign judges to hold court in the various divisions;
(3) Designate the place or places for holding court in each division;
(4) Fix the time for holding court in each division and supervise the calendars;
(5) Report annually to the chief justice of the supreme court on the state of the business of the district court;
(6) Supervise the collection and publication of statistics pertaining to the court;
(7) Supervise the management of the records of the court;
(8) Determine the time of vacations to be taken by the district judges;
(9) Preside over the district court conference and designate the time and place that it shall be held;
(10) Promulgate rules and regulations relating to:
(i) The licensing of constables to serve certain district court civil process; and
(ii) The duties and conduct of licensed constables;
(11) Cancel any fines or other
assessments imposed by the court due to the state in any criminal action after
receiving certification from the chief clerk that he or she has determined them
to be uncollectible for a period of at least one year from the date of
imposition of the fine.
(11) Each quarter remit to the state
controller within the department of administration data that would be necessary
to enhance efforts to collect unpaid court imposed or court related fees,
fines, court costs, assessments, charges and/or any other monetary obligations
which have been outstanding for a period of at least one year from the date of imposition or for a
period of at least one year from the date the amount was due, if not due upon
imposition. This data shall include the social security numbers of the persons
owing the outstanding amounts. Provided, however,
social security numbers shall not be part of the public record and shall be
used for collection purposes only.
(b) The authority of the chief judge under this section shall be exercised both as to the district court established pursuant to this chapter and the traffic tribunal established pursuant to chapter 8.2 of this title and, subject to the labor laws of this state and any applicable collective bargaining agreement, shall include the authority to transfer clerical personnel from the traffic tribunal to the district court as may be necessary.
(c) The chief judge of the district court may designate an associate judge of the district court as administrative judge of the district court. The administrative judge may exercise such administrative authority as may be delegated to him or her by the chief judge. The administrative judge shall receive an increase in compensation which shall be set by the unclassified pay board.
(d) The chief judge of the district court shall appoint sufficient court recorders to enable all proceedings to be recorded by electronic means and who shall assist in such other clerical duties subject to the labor laws of this state and applicable collective bargaining agreement as may be prescribed from time to time by the chief judge of the district court.
SECTION 2. Section 8-15-9 of the General Laws in Chapter
8-15 entitled “Court Administration ” is hereby amended to read as follows:
8-15-9. Supervision of court imposed and court
related costs, fines, restitution, and other payments, deposits, and receipts.
– Within the administrative
office of the state courts there shall be a finance section. The director of
the finance section shall be appointed by the chief justice of the supreme
court, and approved by a majority vote of the advisory board. The director of
the finance section shall monitor the handling, collection, receipt, and
disbursement of all court imposed or court related fees, fines, costs,
assessments, charges, and other monetary payments, deposits, and receipts,
including, but not limited to, filing fees, court costs and fees, bail, fines,
judgments, awards, restitution payments, registry of court accounts, restricted
receipts accounts, child support and other support orders, and court
stenographers' accounts. The director shall be responsible for all bookkeeping
and accounting of money collected or received by the clerks of the various
state courts including, but not limited to, §§ 8-4-8, 8-8-16, 8-8-17, 8-8.2-3
and 8-10-10. The director shall formulate and publish a policy which shall
standardize the procedures for the handling, collection, receipt, and disbursement
of court imposed or court related monetary payments, deposits, and receipts. The director shall require all persons who enter into a
payment plan for the payment of court imposed or court related fees, fines,
court costs, assessments, charges and/or any other monetary obligations to
provide a valid social security number at the time they enter into said payment
plan. Provided, however,
social security numbers shall not be part of the public record and shall be
used for collection purposes only.
All money subject to the provisions of this section shall be audited by the state bureau of audits or their designee not less than once per fiscal year.
SECTION 3. Chapter 8-15 of the General Laws entitled “Court Administration” is hereby amended by adding thereto the following sections:
8-15-9.2. Information
to be provided to State Controller. -- Each quarter the
director of finance shall remit to the state controller within the department
of administration data that would be necessary to enhance efforts to collect
unpaid court imposed or court related fees, fines, court costs, assessments,
charges and/or any other monetary obligations which have been outstanding for a
period of at least one year from the date of imposition or for a period of at
least one year from the date the amount was due if not due upon imposition.
This data shall include the social security numbers of the persons owing the
outstanding amounts. Provided, however,
social security numbers shall not be part of the public record and shall be
used for collection purposes only.
8-15-9.3. Public Inspection of Court Payments Owed. -- (a)
Notwithstanding any other provision of law, the director of the finance section
on a quarterly basis shall prepare a list of the persons who owe court imposed
or court related fees, fines, court costs, assessments, charges and/or any
other monetary obligations which have been unpaid for a period in excess of
ninety (90) days from the date that any such amounts were due. (The above fees are hereinafter referred to
as “Overdue Court Fees”.) The list
shall contain the name and address of each person who owes Overdue Court Fees
as of the end of the quarter, together with the total amount owed, the date
that the Overdue Court Fees were imposed and the date they became due. No person owing Overdue Court Fees shall be
included on such list if the underlying matter in which Overdue Court Fees were
imposed, or the amount of the fees, is the subject of an appeal.
(b) The director of finance shall not
include a person’s name on the list unless he or she has given the person at
least thirty (30) days prior written notice of the intent to include the
person’s name on the list. Said notice
shall be sent to the person’s last known address by regular mail. If during
said thirty (30) day period, the person either: (i) pays the overdue court
fines in full; or (ii) enters into a payment plan with the director of finance
to pay the overdue court fines, the name of the person shall not be included on
the list.
(c) Any such list prepared by the
director of finance shall be available to the public for inspection and shall
be published by the director of the finance on the website that is maintained
by the courts. Provided, however, that
any such list prepared by the director shall not include any individuals social
security number.
SECTION 4. Sections 31-41.1-4 and 31-41.1-6 of the
General Laws in Chapter 31-41.1 entitled “Adjudication of Traffic Offenses” are
hereby amended to read as follows:
31-41.1-4. Schedule of violations. -- (a) The penalties for violations of the enumerated sections, listed in numerical order, correspond to the fines described. However, those offenses for which punishments which may vary according to the severity of the offense, or punishment which require the violator to perform a service, shall be heard and decided by the traffic tribunal or municipal court. The following violations may be handled administratively through the method prescribed in this chapter. This list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other violations.
VIOLATIONS SCHEDULE
8-8.2-2 DOT, DEM, or other agency and department $75.00
violations
24-10-17 Soliciting rides in motor vehicles 40.00
24-10-18 Backing up prohibited 75.00
24-10-20 Park and ride lots 75.00
31-3-12 Visibility of plates 75.00
31-3-18 Display of plates 75.00
31-2-32 Driving with expired registration 75.00
32-3-34 Failure to notify division of change of address 75.00
31-3-35 Notice of change of name 75.00
31-3-40 Temporary plates - dealer issued 75.00
31-4-3 Temporary registration - twenty (20) day bill of 75.00
sale
31-10-10 Rules as to armed forces license 75.00
31-10-30 Driving on expired license 75.00
31-10-32 Notice of change of address 75.00
31-10.1-4 No motorcycle helmet (operator) 60.00
31-10.1-5 Motorcycle handlebar violation 75.00
31-10.1-6 No motorcycle helmet (passenger) 75.00
31-10.1-7 Inspection of motorcycle required 75.00
31-12-12 Local motor vehicle ordinance 75.00
31-13-04 Obedience to devices 75.00
31-13-6(3)(i) Eluding traffic light 75.00
31-13-09 Flashing signals 75.00
31-13-11 Injury to signs or devices 75.00
31-14-1 Reasonable and prudent speed 75.00 85.00
31-14-03 Condition requiring reduced speed 75.00 85.00
31-14-09 Below minimum speed 75.00 85.00
31-14-12 Speed limit on bridges and structures 75.00 85.00
31-15-1 Leaving lane of travel 75.00
31-15-2 Slow traffic to right 75.00
31-15-3 Operator left of center 75.00
31-15-4 Overtaking on left 75.00
31-15-5(a) Overtaking on right 75.00
31-15-6 Clearance for overtaking 75.00
31-15-7 Places where overtaking prohibited 75.00
31-15-8 No passing zone 75.00
31-15-9 One way highways 75.00
31-15-10 Rotary traffic islands 75.00
31-15-11 Laned roadway violation 75.00
31-15-12 Following too closely 75.00
31-15-12.1 Entering intersection 75.00
31-15-13 Crossing center section of divided highway 75.00
31-15-14 Entering or leaving limited access roadways 75.00
31-15-16 Use of emergency break-down lane for travel 75.00
31-16-1 Care in starting from stop 75.00
31-16-2 Manner of turning at intersection 75.00
31-16-4 U turn where prohibited 75.00
31-16-5 Turn signal required 75.00
31-16-6 Time of signaling turn 75.00
31-16-7 Failure to give stop signal 75.00
31-16-8 Method of giving signals 75.00
31-17-1 Failure to yield right of way 75.00
31-17-2 Vehicle turning left 75.00
31-17-3 Yield right of way (intersection) 75.00
31-17-4 Obedience to stop signs 75.00
31-17-5 Entering from private road or driveway 75.00
31-17-8 Vehicle within right of way, rotary 75.00
31-18-3 Right of way in crosswalks 75.00
31-18-5 Crossing other than at crosswalks 75.00
31-18-8 Due care by drivers 75.00
31-18-12 Hitchhiking 75.00
31-18-18 Right of way on sidewalks 75.00
31-19-3 Traffic laws applied to bicycles 75.00
31-19-20 Sale of new bicycles 75.00
31-19-21 Sale of used bicycles 75.00
31-19.1-2 Operating motorized bicycle on an interstate 75.00
highway
31-19.2-2 Operating motorized tricycle on an interstate 75.00
highway
31-20-1 Failure to stop at railroad crossing 75.00
31-20-2 Driving through railroad gate 75.00
31-20-9 Obedience to stop sign 75.00
31-21-4 Places where parking or stopping prohibited 75.00
31-21-14 Opening of vehicle doors 45.00
31-22-2 Improper backing up 75.00
31-22-4 Overloading vehicle 75.00
31-22-5 Violation of safety zone 75.00
31-22-6 Coasting 75.00
31-22-7 Following fire apparatus 75.00
31-22-8 Crossing fire hose 75.00
31-22-9 Throwing debris on highway - snow removal 75.00
31-22-11.5 Improper use of school bus - not to exceed five hundred dollars ($500) for each day of improper use
31-22-22(a) No child restraint 75.00
31-22-22(a) Child restraint/seat belt but not in any rear 75.00
seating position
31-22-22(b), (f) No seat belt - passenger 75.00
31-22-22(g) No seat belt - operator 75.00
31-22-23 Tow trucks - proper identification 275.00
31-22-24 Operation of interior lights 75.00
31-23-1(d)(2) U.S. department of transportation motor
carrier safety rules and regulations 125.00
31-23-4 Brake equipment required 75.00
31-23-8 Horn required 75.00
31-23-10 Sirens prohibited 75.00
31-23-13 Muffler required 75.00
31-23-13.1 Altering height or operating a motor
vehicle with an altered height 75.00
31-23-14 Prevention of excessive fumes or smoke 75.00
31-23-16 Windshield and window stickers (visibility) 75.00
31-23-17 Windshield wipers 75.00
31-23-19 Metal tires prohibited 75.00
31-23-20 Protuberances on tires 75.00
31-23-26 Fenders and wheel flaps required 75.00
31-23-27 Rear wheel flaps on buses, trucks and trailers 75.00
31-23-29 Flares or red flag required over
four thousand pounds (4,000 lbs.) 75.00
31-23-40 Approved types of seat belt requirements 75.00
31-23-42.1 Special mirror - school bus 75.00
31-23-43 Chocks required (1 pair) - over
four thousand pounds (4,000 lbs.) 75.00
31-23-45 Tire treads - defective tires 75.00
31-23-47 Slow moving emblem required 75.00
31-23-49 Transportation of gasoline - passenger vehicle 75.00
31-23-51 Operating bike or motor vehicle wearing
ear phones (first offense) 60.00
31-24-1 Times when lights required 75.00
through
31-24-53 Safety lights required on food vending vehicles 75.00
31-24-5 Headlamp required on motorcycle 75.00
31-24-31 Flashing lights - permit required 75.00
31-24-34 Failure to dim lights 75.00
31-24-45 Red flag required, load projecting four feet 75.00
(4') rear
31-25-03 Maximum width of one hundred and two
inches (102") exceeded 75.00
31-25-04 Maximum height of one hundred
sixty-two inches (162") exceeded 75.00
31-25-06 Maximum number and length of coupled vehicles 500.00
31-25-07 Load extending three feet (3') front, six feet 75.00
(6') rear exceeded
31-25-9 Leaking load 75.00
31-25-11 Connections between coupled vehicles 75.00
31-25-12 Towing chain, twelve inch (12") square flag 75.00
required
31-25-12.1 Tow truck - use of lanes (first offense) 50.00
31-25-14(d)(1) Maximum weight and tandem axles 125.00
31-25-14(d)(2) Maximum weight and tandem axles 125.00
31-25-14(d)(3) Maximum weight and tandem axles 125.00
31-25-16(c)(1) Maximum weight shown in registration 65.00 per
thousand lbs. overweight or portion thereof.
31-25-16(c)(2) Maximum weight shown in registration 125.00 per
thousand lbs. overweight or portion thereof.
31-25-16(c)(3) Maximum weight shown in registration 1,025.00 plus
$125.00 per thousand pounds overweight or portion thereof.
31-25-17 Identification of trucks and truck-tractors 50.00
(first offense)
31-25-24 Carrying and inspection of excess load limit 175.00
31-27-2.3 Refusal to take preliminary breath test 75.00
31-28-7(d) Wrongful use of handicapped parking placard 500.00
31-28-7(f) Handicapped parking space violation:
First offense 100.00
Second offense 175.00
Third offense and subsequent offenses 325.00
31-28-7.1(e) Wrongful use of institutional handicapped
parking placard 125.00
31-33-2 Failure to file accident report 45.00
31-36.1-17 No fuel tax stamp (out-of-state) 75.00
31-38-3 No inspection sticker 75.00
31-38-4 Violation of inspection laws 75.00
31-47.2-06 Heavy-duty vehicle emission inspections:
First offense 125.00
Second offense 525.00
Third and subsequent offenses 1,025.00
37-15-7 Littering 55.00
39-12-26 Public carriers violation 75.00
SPEEDING
Fine
(A) One to ten miles per hour (1-10 mph)
in excess of posted speed limit $75.00 $85.00
(B) Eleven miles per hour (11 mph) in
excess of posted speed limit with a fine
of ten dollars ($10.00) per mile in excess 185.00 $195.00
of speed limit shall be assessed. minimum
(b) In addition to any other
penalties provided by law, a judge may impose the following penalties for
speeding: (1) For speeds up to and
including ten miles per hour (10 mph) over the posted speed limit on public
highways, a fine as provided for in subsection (a) of this section for the
first offense, ten dollars ($10.00) per mile for each mile in excess of the
speed limit for the second offense if within twelve (12) months of the first
offense, and fifteen dollars ($15.00) per mile for each mile in excess of the
speed limit for the third and any subsequent offense if within twelve (12)
months of the first offense. In addition, the license may be suspended up to
thirty (30) days. (2) For speeds in
excess of ten miles per hour (10 mph) over the posted speed limit on public
highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed
limit for the first offense, fifteen dollars ($15.00) per mile for each mile in
excess of the speed limit for the second offense if within twelve (12) months
of the first offense, and twenty dollars ($20.00) per mile for each mile in
excess of the speed limit for the third and subsequent offense if within twelve
(12) months of the first offense. In addition, the license may be suspended up
to sixty (60) days. (c) Any person
charged with a violation who pays the fine administratively pursuant to chapter
8.2 of title 8 shall not be subject to any additional costs or assessments,
including, but not limited to, the hearing fee established in section 8-18-4 or
assessment for substance abuse prevention.
31-41.1-6. Hearings. -- (a) Every hearing for the adjudication of a traffic violation, as provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court, where provided by law. The burden of proof shall be upon the state, and no charge may be established except by clear and convincing evidence. A verbatim recording shall be made of all proceedings. The chief judge of the district court may prescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre-hearing discovery.
(b) After due consideration of the evidence and arguments, the judge or magistrate shall determine whether the charges have been established, and appropriate findings of fact shall be made on the record. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established or if an answer admitting the charge has been received, an appropriate order shall be entered in the records of the traffic tribunal.
(c) An order entered after the receipt of an answer admitting the
charge or where a determination is made that the charge has been established
shall be civil in nature, and shall be treated as an adjudication that a
violation has been committed. A judge or magistrate may include in the order
the imposition of any penalty authorized by any provisions of this title for
the violation, except that no penalty for it shall include imprisonment. A
judge or magistrate may order the suspension or revocation of a license or of a
registration in the name of the defendant in accordance with any provisions of
this title which authorize the suspension or revocation of a license or of a
registration, or may order the suspension of a
the license or
of a and the registration of the defendant for the willful failure to pay a
fine previously imposed. In addition, after notice and opportunity to be heard, a
judge or magistrate may order the suspension of the registration of the vehicle
with which the violation was committed, if the defendant has willfully failed
to pay a fine previously imposed.
(d) A judge or magistrate may, as authorized by law, order a motorist to attend a rehabilitative driving course operated under the jurisdiction of a college or university accredited by the state of Rhode Island, or the trained personnel of the department of administration. An order to attend a course may also include a provision to pay reasonable tuition for the course to the institution in an amount not to exceed twenty-five dollars ($25.00). The order shall contain findings of fact. Failure to comply with an order of attendance may, after notice and hearing, result in the suspension or revocation of a person's license or registration.
(e) Unless a judge or magistrate shall determine that a substantial traffic safety hazard would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, delay for a period of thirty (30) days the effective date of any suspension or revocation of a driver's license or vehicle registration imposed pursuant to this chapter. However, the regulations may provide for the immediate surrender of any item to be suspended or revoked and the issuance of appropriate temporary documentation to be used during the thirty (30) day period. Any order for immediate surrender of a driver's license or vehicle registration shall contain a statement of reasons for it.
SECTION 5. Chapter 35-6 of the General Laws entitled “Accounts and Control” is hereby amended by adding thereto the following section:
35-6-32.1. Collection
of Unpaid Fines and Assessments – (a) The
controller is authorized on behalf of the state to enter into a written
agreement with one or more qualified collection agencies to attempt to collect
all fees, fines, court costs, assessment charges and/or other monetary
obligations imposed by any state court and/or the traffic tribunal which have
been unpaid for a period in excess of one year from the date any such amounts
were due.
(b) Amounts recovered by a collection agency pursuant to an agreement with the state, shall be remitted to the controller and deposited in the general fund of the state; provided, however, a collection agency shall be permitted to retain a percentage of the amounts collected as provided in the agreement with the controller.
SECTION 6. This article shall take effect upon passage.
ARTICLE 26 SUBSTITUTE A
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 three and fourteen hundredths percent (3.14%) three and fifty-six
hundredths percent (3.56%) upon the net patient services
revenue of every hospital for the hospital's first fiscal year ending on or
after January 1, 2003 2004. 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 December 15, 2004 2005
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 November 30, 2004
2005, make a return to the tax
administrator containing the correct computation of net patient services
revenue for the hospital fiscal year ending September 30,2003, 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,
2005 and shall apply to hospitals, as defined in Section 1, which are duly licensed
on July 1, 2005. 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 27 SUBSTITUTE A AS AMENDED
RELATING TO HISTORIC TAX CREDIT PROCESSING FEE
SECTION 1.
Section 44-33.2-4 of the General Laws in Chapter 44-33.2 entitled
"Historic Structures - Tax Credit" is hereby amended to read as
follows:
44-33.2-4. Administration. -- (a) To claim the tax credit authorized in this chapter, taxpayers shall apply to the commission: (i) prior to the certified historic structure being placed in service for a certification that the certified historic structure's rehabilitation will be consistent with the standards of the Secretary of the United States Department of the Interior for rehabilitation; and (ii) after completion of the rehabilitation work of the certified historic structure for: (A) a certification that the rehabilitation is consistent with the standards of the Secretary of the United States Department of the Interior for rehabilitation, and (B) a certification as to the amount of tax credit for which the rehabilitation qualifies. The commission shall be entitled to rely on the facts represented in the application without independent investigation and, with respect to the amount of tax credit for which the rehabilitation qualifies, upon the certification of a certified public accountant licensed in the state of Rhode Island. The applications shall be developed by the commission and may be amended from time to time.
(b) Within ninety (90) days after the commission's receipt of the taxpayer's application requesting certification for the completed rehabilitation work, the commission shall issue the taxpayer: (i) a written determination either denying or certifying the rehabilitation, and (ii) a certification of the amount of credit for which the rehabilitation qualifies. To claim the tax credit, the commission's certification as to the amount of the tax credit shall be attached to all state tax returns on which the credit is claimed.
(c) No taxpayer may benefit from the provisions of this chapter unless the owner of the certified historic structure grants a restrictive covenant to the commission, agreeing that during the holding period no alterations to the certified historic structure will be made without the commission's approval and in a manner inconsistent with the standards of the Secretary of the United States Department of the Interior.
(d) The commission is authorized to establish a schedule of fees
for the review of tax credit applications, but the fees shall be no greater
than two thousand dollars ($2,000) in total for each project. shall charge a fee equal to two and one quarter percent
(2.25%) of the qualified rehabilitation expenditures of structures placed in
service after July 31, 2005.
(e) If information comes
to the attention of the commission at any time up to and including the last day
of the holding period that is materially inconsistent with representations made
in an application, the commission may deny the requested certification or
revoke a certification previously given.
SECTION
2. This article shall take effect upon passage.
ARTICLE 28 SUBSTITUTE A
RELATING TO PHARMACEUTICAL ASSISTANCE TO THE ELDERLY
SECTION
1. Section 42-66.2-5 of the General Laws in Chapter
42-66.2 entitled "Pharmaceutical Assistance to the Elderly Act" is
hereby amended to read as follows:
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) 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 for a specific covered prescription medication is exhausted or the specific prescription medication is not covered by the plan 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 the federal medicare program 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 the eligible percentage 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 section 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.
(h) To promote coordination of
benefits between the pharmaceutical assistance program created under this
chapter and the Medicare Part D prescription drug program created in the
federal Medicare Prescription Drug, Improvement and Modernization Act of 2003,
RIPAE enrollees whose income is at or below 150% of the federal poverty limit
and whose resources are below the resource eligibility limits determined by the
Centers for Medicare and Medicaid Services for low income assistance benefit
under Medicare Part D must apply for and enroll in the Medicare Part D
prescription drug program.
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.
SECTION 2.
This article shall take effect as of July 1, 2005.
ARTICLE 29 SUBSTITUTE A AS AMENDED
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, 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 superintendent of the state police shall appoint
the director, assistant director, and the members of the warrant squad. The
salary of the director and the assistant director shall be set by the unclassified pay board department of administration in
accordance with chapter 4 of title 36. 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 until the state police make suitable space available. 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.
superintendent of the state police.
(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 29 30 SUBSTITUTE A AS AMENDED
Relating To Effective Date
SECTION 1. This
act shall take effect July 1, 2005, except as otherwise provided herein.
In articles
where it is provided that the effective date shall be either "July 1,
2005", or "upon passage", and no provision is made for retroactive or prospective application, the
effective date shall be July 1, 2005, and if the article is approved after July
1, 2005, then the article shall be retroactive to July 1, 2005.
In articles
where it is provided that the effective date shall be either "July 1,
2005" or "upon passage" and provision is made within the article
for retroactive or prospective application, the article shall take effect on
July 1, 2005 and its application made retroactive or prospective as set forth
in the article.
SECTION 2. This article
shall take effect upon passage.