Chapter
073
2007
-- H 5300 SUBSTITUTE A AS AMENDED
Enacted 06/21/07
A N A C T
MAKING APPROPRIATIONS FOR
THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2008
Introduced By: Representatives Watson, Gorham, McManus, Story, and Ehrhardt
Date Introduced: February
01, 2007
It is enacted by the General Assembly as follows:
ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2008
ARTICLE 2 RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES
ARTICLE 3 RELATING TO GOVERNMENT REORGANIZATION
ARTICLE 4 RELATING TO E-911 EMERGENCY TELEPHONE SYSTEM
ARTICLE 5 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
ARTICLE 6 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2007
ARTICLE 7 RELATING TO TAXATION
ARTICLE 8 RELATING TO PUBLIC FINANCE STATE BUDGET
ARTICLE 9 RELATING TO EDUCATION BENEFITS FOR NATIONAL GUARD MEMBERS
ARTICLE 10 RELATING TO RESTRICTED RECEIPT ACCOUNTS
ARTICLE 11 RELATING TO HOSPITAL AND OTHER MEDICAL FACILITIES AND SERVICES
ARTICLE 12 RELATING TO NURSING FACILITIES
ARTICLE 13 RELATING TO HOSPITAL PAYMENTS
ARTICLE 14 RELATING TO MEDICAL ASSISTANCE LONG-TERM CARE SERVICE AND FINANCE
REFORM
ARTICLE 15 RELATING TO CHILD CARE STATE SUBSIDIES
ARTICLE 16 RELATING TO FINANCIAL INSTITUTIONS LICENSED ACTIVITIES
ARTICLE 17 RELATING TO HUMAN SERVICES - PHARMACEUTICALS
ARTICLE 18 RELATING TO PROGRAM INTEGRITY
ARTICLE 19 RELATING TO HOSPITAL UNCOMPENSATED CARE
ARTICLE 20 RELATING TO CHILD CARE ELIGIBILITY
ARTICLE 21 RELATING TO EDUCATION AID
ARTICLE 22 RELATING TO DELINQUENT AND DEPENDENT CHILDREN
ARTICLE 24 RELATING TO LICENSING OF ADULT DAY PROGRAMS
ARTICLE 25 RELATING TO STATE AID
ARTICLE 26 RELATING TO MOTOR AND OTHER VEHICLES
ARTICLE 27 RELATING TO SALES TAX EXEMPTION
ARTICLE 28 RELATING TO EXCESS INSURER PROFITS AND ADMINISTRATIVE
COSTS
ARTICLE 29 RELATING TO MOTOR AND OTHER VEHICLES
ARTICLE 30 RELATING TO BAYS, RIVERS, AND WATERSHED COORDINATION
TEAM
ARTICLE 31 RELATING TO MUNICIPAL TIPPING FEES
ARTICLE 32 RELATING TO CONTRACTORS REGISTRATION FEES
ARTICLE 33 RELATING TO FIRE SAFETY FEES
ARTICLE 34 RELATING TO MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM
ARTICLE 35 RELATING TO ADJUDICATION OF TRAFFIC OFFENSES
ARTICLE 36 RELATING TO HISTORICAL RECORDS TRUST FEES
ARTICLE 37 RELATING TO UNCLAIMED PROPERTY
ARTICLE 38 RELATING TO PESTICIDE REGISTRATION SURCHARGE FEES
ARTICLE 39 RELATING TO DEPARTMENT OF HEALTH FEES
ARTICLE 40 RELATING TO TOBACCO SETTLEMENT FINANCING CORPORATION
ARTICLE 41 RELATING TO MUTUEL BETTING AND LICENSE FEES
ARTICLE 42 RELATING TO PRIVATIZATION OF STATE SERVICES
ARTICLE 43 RELATING TO FARM TO SCHOOL INCOME TAX CREDIT
ARTICLE 44 RELATING TO EFFECTIVE DATE
ARTICLE 1
SUBSTITUTE A AS AMENDED
RELATING
TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2008
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, 2008. 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 1,549,780
Federal Funds 238,173
Total - Central Management 1,787,953
Legal Services
General Revenues 1,836,817
Legal Support/DOT 122,057
Total Legal Services 1,958,874
Accounts and Control General Revenues 3,252,968
Budgeting General Revenues 2,090,800
Purchasing General Revenues 2,398,789
Auditing General Revenues 1,792,239
Human Resources
General Revenues 10,067,133
Federal Funds 2,065,791
Restricted Receipts 577,637
Other Funds 793,282
Total - Human Resources 13,503,843
Personnel Appeal Board General Revenues 96,793
Facilities Management
General Revenues 36,055,887
Federal Funds 7,214,065
Restricted Receipts 1,137,677
State Fleet Replacement Restricted Receipts 6,350,000
The State Fleet Replacement restricted receipt account is hereby established, notwithstanding the provisions of Section 34-4-27 of the General Laws, for the purposes of purchasing vehicles for state agencies. The Department of Administration shall adopt rules and regulations for the use of these funds and submit them to the Assembly no later than November 1, 2007.
Other Funds 555,116
Total Facilities Management 51,312,745
Capital Projects and Property Management General Revenues 3,748,880
Information Technology
General Revenues 17,650,147
Federal Funds 7,389,800
Restricted Receipts 1,422,572
Other Funds 1,403,499
Total Information Technology 27,866,018
Library and Information Services
General Revenues 1,100,791
Federal Funds 1,084,437
Restricted Receipts 2,000
Total Library and Information Services 2,187,228
Planning
General Revenues 3,792,553
Federal Funds 9,330,126
Intermodal Surface Transportation Funds
Federal Highway - PL Systems Planning 1,689,264
Air Quality Modeling 20,800
Total - Planning 14,832,743
Security Services General Revenues 19,932,620
General
General Revenues
Miscellaneous Grants 660,912
Torts Court 400,000
Convention Center 12,500,000
Provided that the funds shall be provided to the Rhode Island Convention Center Authority at the times and in the amounts determined to be necessary by the State Budget Officer; and provided further, that $500,000 is reserved to fund expenses related to the relocation of the Providence War Memorial to LaSalle Square, or in the alternative, the Dunkin Donuts Center. Any funds remaining from this relocation project may be used to complete the renovation of the Dunkin Donuts Center, if needed.
Teachers Retiree Health Subsidy 1,442,024
Economic Development Corporation Grant 7,694,121
EDC RI Airport Corporation Impact 1,004,520
Economic Policy Council 300,000
Slater Centers of Excellence 3,000,000
EDC EPScore 1,500,000
Police/Fire Incentive Pay 675,000
Motor Vehicle Excise Tax Payment 135,500,042
Property Valuation 1,100,000
General Revenue Sharing Program 65,111,876
Payment in Lieu of Tax Exempt Properties 27,766,967
Distressed Communities Relief Program 10,384,458
Resource Sharing and State Library Aid 8,773,398
Library Construction Aid 2,813,141
Restricted Receipts 1,295,997
Rhode Island Capital Plan Funds
Statehouse Renovations 4,000,000
Lead Mitigation Group Homes 300,000
Computer Center 8,975,000
Cranston Street Armory 1,300,000
Cannon Building 200,000
Pastore Center Master Plan 600,000
Zambarano Building Rehabilitation 600,000
Pastore Center Rehabilitation 530,000
Old State House 500,000
State Office Building 950,000
Old Colony House 135,000
William Powers Building 750,000
McCoy Stadium 557,500
Fire Code Compliance State Buildings 500,000
Pastore Center Fire Code Compliance 750,000
Pastore Center Water Tanks 480,000
Ladd Center Water System 50,000
Pastore Center Environmental Management 250,000
Pastore Center Power Plant 2,000,000
Replacement of Fueling Tanks 600,000
Neighborhood Opportunities Program 7,500,000
Environmental Compliance 275,000
Total - General 313,724,956
Debt Service Payments
General Revenues 126,160,050
Federal Funds 1,177,854
Restricted Receipts 1,542,173
Intermodal Surface Transportation Funds
RIPTA Debt Service 681,005
Transportation Debt Service 35,442,466
Temporary Disability Insurance Fund
RIRBA - DLT Temporary Disability Insurance 45,586
COPS - DLT Building TDI 358,825
Reed Act Funds
COPS DLT Building 26,320
Total - Debt Service Payments 165,434,279
Energy Resources
General Revenues 2,236,989
Federal Funds 19,688,355
Restricted Receipts 200,000
Total Energy Resources 22,125,344
Undistributed Personnel Savings
General Revenues (9,105,434)
Federal Funds (2,606,705)
Restricted Receipts (418,650)
Other Funds (2,714,920)
Total Undistributed Personnel Savings (14,845,709)
Grand Total - Administration 633,201,363
Business Regulation
Central Management General Revenues 1,283,012
Banking and Securities Regulation General Revenues 3,083,499
Restricted Receipts 145,000
Total Banking and Securities Regulation 3,228,499
Commercial Licensing, Racing and Athletics
General Revenues 1,362,961
Restricted Receipts 606,836
Total - Commercial Licensing, Racing and Athletics 1,969,797
Insurance Regulation
General Revenues 5,184,809
Federal Funds 51,742
Restricted Receipts 856,129
Total - Insurance Regulation 6,092,680
Board of Accountancy General Revenues 155,449
Board for Design Professionals General Revenues 406,186
Grand Total - Business Regulation 13,135,623
Labor and Training
Central Management
General Revenues 195,297
Restricted Receipts 483,507
Total - Central Management 678,804
Workforce Development Services
General Revenues 2,500
Federal Funds 13,368,113
Restricted Receipts 14,952,134
Reed Act Funds
Rapid Job Entry 798,997
Workforce Development 5,200,000
Of the $6.0 million appropriated from Reed Act funds, $798,997 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 $5.2 million may be for the administration of this states employment compensation law and public employment service offices.
Total Workforce Development Services 34,321,744
Workforce Regulation and Safety General Revenues 2,736,797
Income Support
General Revenues 3,175,354
Federal Funds 14,756,732
Restricted Receipts 1,760,639
Temporary Disability Insurance Fund 177,634,956
Employment Security Fund 212,759,436
Total - Income Support 410,087,117
Injured Workers Services Restricted Receipts 11,087,418
Labor Relations Board General Revenues 473,214
Grand Total - Labor and Training 459,385,094
Department of Revenue
Director of Revenue Office General Revenues 751,500
Office of Revenue Analysis General Revenues 750,003
Lottery Division Lottery Funds 214,697,422
Property Valuation General Revenues 849,819
Taxation
General Revenues 17,820,994
Federal Funds 1,235,454
Restricted Receipts 830,406
Temporary Disability Insurance 910,131
Total - Taxation 20,796,985
Registry of Motor Vehicles
General Revenues 18,403,641
Federal Funds 99,691
Restricted Receipts 15,100
Total Registry of Motor Vehicles 18,518,432
Grand Total Revenue 256,364,161
Legislature
General Revenues 34,440,361
Restricted Receipts 1,523,721
Grand Total - Legislature 35,964,082
Lieutenant Governor General Revenues 925,112
Secretary of State
Administration General Revenues 1,685,414
Corporations General Revenues 1,798,880
State
Archives
General Revenues 88,909
Federal Funds 40,121
Restricted Receipts 443,476
Total - State Archives 572,506
Elections
General Revenues 583,210
Federal Funds 546,623
Total - Elections 1,129,833
State Library General Revenues 689,592
Office of Civics and Public Information General Revenues 190,131
Grand Total - State 6,066,356
General Treasurer
Treasury
General Revenues 2,589,641
Federal Funds 291,066
Restricted Receipts 10,000
Temporary Disability Insurance Fund 293,140
Total Treasury 3,183,847
State Retirement System
Restricted Receipts
Administrative Expenses - State Retirement System 6,131,739
Retirement - Treasury Investment Operations 877,497
Total - State Retirement System 7,009,236
Unclaimed Property Restricted Receipts 23,095,200
RI Refunding Bond Authority General Revenues 40,349
Crime Victim Compensation Program
General Revenues 278,560
Federal Funds 1,625,080
Restricted Receipts 1,657,851
Total - Crime Victim Compensation Program 3,561,491
Grand Total - General Treasurer 36,890,123
Board of Elections
General Revenues 1,437,214
Federal Funds 586,894
Grand Total - Board of Elections 2,024,108
Rhode Island Ethics Commission General Revenues 1,410,451
Office of Governor General Revenues 4,921,696
From the appropriation for contingency shall be paid such sums as may be required at the discretion of the Governor to fund expenses for which appropriations may not exist. Such contingency funds may also be used for expenditures in 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 Governor.
Public Utilities Commission
General Revenues 661,246
Federal Funds 100,124
Restricted Receipts 6,334,717
Grand Total - Public Utilities Commission 7,096,087
Rhode Island Commission on Women General Revenues 108,203
Commission for Human Rights
General Revenues 984,197
Federal Funds 404,743
Grand Total - Commission for Human Rights 1,388,940
Office of Health and Human Services
General Revenues 307,152
Federal Funds 5,826,265
Restricted Receipts 445,548
Total Health and Human Services 6,578,965
Children, Youth, and Families
Central Management
General Revenues 5,903,045
Federal Funds 3,359,730
Total - Central Management 9,262,775
Children's Behavioral Health Services
General Revenues 18,805,572
Federal Funds 13,268,634
Total - Children's Behavioral Health Services 32,074,206
Juvenile Correctional Services
General Revenues 29,680,225
Federal Funds 610,837
Restricted Receipts 6,000
Rhode Island Capital Plan Funds - Girls Facility Training School 700,000
Total - Juvenile Correctional Services 30,997,062
Child Welfare
General Revenues 88,661,014
Federal Funds 58,426,893
18 to 21 Year Olds
General Revenues 6,000,000
Federal Funds 4,545,000
The General Assembly shall appropriate quarterly allotments to the Department of Children, Youth, and Families for child welfare for FY 2008. The state controller shall not allow the department to spend any more than $23.7 million from general revenues and $15.7 million from federal funds by September 30, 2007, no more than $47.4 million from general revenues and $31.4 million from federal funds by December 31, 2007, and no more than $71.1 million from general revenues and $47.1 million from federal funds by March 31, 2008.
Restricted Receipts 1,747,941
Rhode Island Capital Plan Funds
Camp E-Hun-Tee 85,000
Fire Code Upgrades 750,000
Total - Child Welfare 160,215,848
Higher Education Incentive Grants General Revenues 200,000
Grand Total - Children, Youth, and Families 232,749,891
Elderly Affairs
General Revenues
General Revenues 16,521,951
RIPAE 2,081,654
Safety and Care of the Elderly 600
Federal Funds 13,056,931
Restricted Receipts 690,000
Intermodal Surface Transportation Funds 4,685,000
Grand Total - Elderly Affairs 37,036,136
Health
Central Management
General Revenues 4,901,329
Federal Funds 4,856,361
Restricted Receipts 3,716,866
Total - Central Management 13,474,556
State Medical Examiner
General Revenues 2,156,986
Federal Funds 141,556
Total - State Medical Examiner 2,298,542
Family Health
General Revenues 2,588,535
Federal Funds 29,851,256
Restricted Receipts 18,186,461
Total - Family Health 50,626,252
Health Services Regulation
General Revenues 6,522,612
Federal Funds 4,913,651
Restricted Receipts 436,904
Total - Health Services Regulation 11,873,167
Environmental Health
General Revenues 3,999,516
Federal Funds 6,124,861
Restricted Receipts 3,062,911
Total - Environmental Health 13,187,288
Health Laboratories
General Revenues 8,170,513
Federal Funds 2,063,939
Total - Health Laboratories 10,234,452
Disease Prevention and Control
General Revenues 6,147,635
Federal Funds 17,353,763
National Highway Traffic Safety Funds Walkable Communities Initiative 28,676
Total - Disease Prevention and Control 23,530,074
Grand Total - Health 125,224,331
Human Services
Central Management
General Revenues 9,113,855
Federal Funds 4,251,568
Restricted Receipts 1,746,265
Total - Central Management 15,111,688
Child Support Enforcement
General Revenues 3,830,853
Federal Funds 7,569,577
Restricted Receipts 50,000
Total Child Support Enforcement 11,450,430
Individual and Family Support
General Revenues 24,754,511
Federal Funds 52,883,675
Restricted Receipts 134,150
Rhode Island Capital Plan Funds
Blind Vending Facilities 100,000
Forand Building Exterior 1,200,000
Total - Individual and Family Support 79,072,336
Veterans' Affairs
General Revenues 17,109,472
Federal Funds 6,384,850
Restricted Receipts 1,516,550
Total - Veterans' Affairs 25,010,872
Health Care Quality, Financing and
Purchasing
General Revenues 23,023,393
Federal Funds 43,746,840
Restricted Receipts 186,714
Total - Health Care Quality, Financing & Purchasing 66,956,947
Medical Benefits
General Revenues
Hospitals 127,761,587
Long Term Care 171,867,087
Provided that $154,280,987 is for long term care for nursing homes and hospice care and $17,586,100 is for long term care for home and community based services.
Managed Care 259,157,517
Pharmacy 63,239,985
Other 55,380,738
Federal Funds
Hospitals 115,822,763
Long Term Care 189,938,417
Provided that $170,524,517 is for long term care for nursing homes and hospice care and $19,413,900 is for long term care for home and community based services.
Managed Care 293,562,936
Special Education 20,733,240
Pharmacy 23,999,516
Other 60,550,556
Restricted Receipts 5,590,042
Total - Medical Benefits 1,387,604,384
Supplemental Security Income Program General Revenues 28,455,740
Family Independence Program
General Revenues
Child Care 7,442,414
TANF/Family Independence Program 15,957,990
Federal Funds 84,438,119
Total - Family Independence Program 107,838,523
State Funded Programs
General Revenues General Public Assistance 4,090,076
Federal Funds 85,553,476
Total - State Funded Programs 89,643,552
Grand Total - Human Services 1,811,144,472
Mental Health, Retardation, and Hospitals
Central Management
General Revenues 740,606
Federal Funds 67,080
Total - Central Management 807,686
Hospital and Community System Support
General Revenues 4,238,069
Federal Funds 373,404
Rhode Island Capital Plan Funds
Medical Center Rehabilitation 290,000
Community Facilities Fire Code 1,250,000
DD Private Waiver Community Facility/Fire Code 337,500
Total - Hospital and Community System Support 6,488,973
Services for the Developmentally Disabled
General Revenues 120,497,502
Federal Funds 136,746,550
Rhode Island Capital Plan Funds
Regional Center Repair/Rehabilitation 300,000
MR Community Facilities/Access to Independence 500,000
Developmental Disability Group Homes 2,050,000
Total - Services for the Developmentally Disabled 260,094,052
Integrated Mental Health Services
General Revenues 43,958,899
Federal Funds 38,244,839
Rhode Island Capital Plan Funds
MH Community Facilities Repairs 250,000
MH Housing Development-Thresholds 400,000
Total - Integrated Mental Health Services 82,853,738
Hospital and Community Rehabilitation
Services
General Revenues 57,019,642
Federal Funds 56,699,247
Restricted Receipts 2,950,000
Rhode Island Capital Plan Funds
Zambarano Buildings and Utilities 590,000
Hospital Consolidation 2,250,000
Total - Hospital and Community Rehabilitation Services 119,508,889
Substance Abuse
General Revenues 17,004,511
Federal Funds 11,839,894
Restricted Receipts 90,000
Rhode Island Capital Plan Funds
Asset Protection 200,000
Total - Substance Abuse 29,134,405
Grand Total - Mental Health, Retardation, and Hospitals 498,887,743
Office of the Child Advocate
General Revenues 520,757
Federal Funds 40,000
Grand Total Office of the Child Advocate 560,757
Commission on the Deaf and Hard of Hearing
General Revenues 370,154
Federal Funds 17,500
Grand Total - Commission on the Deaf and Hard of Hearing 387,654
RI Developmental Disabilities Council Federal Funds 461,111
Governor's Commission on Disabilities
General Revenues 535,775
Federal Funds 181,692
Restricted Receipts 50,612
Rhode Island Capital Plan Funds
Facility Renovation Handicapped Accessibility 200,000
Grand Total - Governor's Commission on Disabilities 968,079
Mental Health Advocate General Revenues 424,343
Elementary and Secondary Education
Administration of the Comprehensive
Education Strategy
General Revenues 21,316,614
Statewide Uniform Chart of Accounts 1,100,000
Federal Funds 175,671,609
HRIC Adult Education Grants 4,500,000
Restricted Receipts 1,189,897
Rhode Island Capital Plan Funds
Shepard Building Air Quality 286,500
Total Administration of the Comprehensive
Education Strategy 204,064,620
Davies Career and
Technical School
General Revenues 14,571,572
Federal Funds 1,237,336
Rhode Island Capital Plan Funds
Davies HVAC 364,985
Davies Asset Protection 82,400
Davies Roof Repair 507,000
Total - Davies Career and Technical School 16,763,293
RI School for the Deaf
General Revenues 6,807,792
Federal Funds 367,923
Total - RI School for the Deaf 7,175,715
Metropolitan Career and Technical School General Revenues 11,487,734
Education Aid
General Revenues 679,417,316
Federal Funds 1,119,042
Restricted Receipt 1,459,996
Total Education Aid 681,996,354
Central Falls School District General Revenues 43,795,411
Housing Aid General Revenues 52,861,510
Teachers Retirement General Revenues 78,071,710
Grand Total - Elementary and Secondary Education 1,096,216,347
Public Higher Education
Board of Governors/Office of Higher
Education
General Revenues 8,135,640
Federal Fund 3,526,446
Restricted Receipts 200,000
Total Board of Governors/Off. of Higher Education 11,862,086
University of Rhode Island
General Revenues
General Revenues 77,035,968
Debt Service 11,203,337
University and College Funds
University and College Funds 401,968,441
Debt - Dining Services 1,115,771
Debt - Educational and General 2,556,727
Debt - Health Services 130,758
Debt - Housing Loan Funds 5,550,920
Debt - Memorial Union 101,165
Debt - Ryan Center 388,558
Debt - Alton Jones Services 148,728
Debt - Boss Arena 71,913
Debt - Parking Authority 757,871
Debt Sponsored Research 101,425
Rhode Island Capital Plan Funds
Asset Protection 4,189,500
Superfund 954,000
Lippitt Hall 4,605,000
Total University of Rhode Island 510,880,082
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2008 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2009.
Rhode Island College
General Revenues
General Revenues 45,750,547
Debt Service 2,944,957
RIRBA Rhode Island College 336,386
University and College Funds
University and College Funds 82,943,953
Debt - Education and General 295,152
Debt - Housing 494,417
Debt - Student Center and Dining 172,061
Debt - Student Union 172,194
Rhode Island Capital Plan Funds
Asset Protection 1,819,125
Total Rhode Island College 134,928,792
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2008 relating to the Rhode Island College are hereby reappropriated to fiscal year 2009.
Community College of Rhode Island
General Revenues
General Revenues 49,254,318
Debt Service 1,406,894
Restricted Receipts 693,520
University and College Funds
University and College Funds 58,716,203
Debt Bookstore 176,504
Rhode Island Capital Plan Funds
Knight Campus Nursing Program 60,000
Fire Code and HVAC 1,700,000
Asset Protection 1,157,625
Total Community College of Rhode Island 113,165,064
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2008 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2009.
Grand Total Public Higher Education 770,836,024
RI State Council on the Arts
General Revenues
Operating Support 757,476
Grants 2,020,168
Federal Funds 706,453
Arts for Public Facilities 3,000,000
Grand Total - RI State Council on the Arts 6,484,097
RI Atomic Energy Commission
General Revenues 819,869
Federal Funds 420,940
University and College Funds URI Sponsored Research 190,654
Rhode Island Capital Plan Funds
Asset Protection 50,000
Grand Total - RI Atomic Energy Commission 1,481,463
RI Higher Education Assistance Authority
General Revenues
Needs Based Grants and Work Opportunities 10,000,000
Authority Operations and Other Grants 1,019,684
Federal Funds 12,612,204
Tuition Savings Program - Administration 5,718,516
Grand Total RI Higher Education Assistance Authority 29,350,404
RI Historical Preservation and Heritage
Commission
General Revenues 1,577,792
Federal Funds 529,078
Restricted Receipts 496,294
Grand Total - RI Historical Pres. and Heritage Comm. 2,603,164
RI Public Telecommunications Authority
General Revenues 1,363,654
Corporation for Public Broadcasting 799,656
Grand Total RI Public Telecommunications Authority 2,163,310
Attorney General
Criminal
General Revenues 12,988,267
Federal Funds 1,322,964
Restricted Receipts 339,183
Total - Criminal 14,650,414
Civil
General Revenues 4,897,204
Restricted Receipts 634,364
Total - Civil 5,531,568
Bureau of Criminal Identification
General Revenues 1,017,634
Federal Funds 56,500
Total Bureau of Criminal Identification 1,074,134
General
General Revenues 2,432,200
Rhode Island Capital Plan Funds
Building Renovations and Repairs 215,000
Total - General 2,647,200
Grand Total - Attorney General 23,903,316
Corrections
Central Management
General Revenues 10,466,116
Federal Funds 359,452
Total - Central Management 10,825,568
Parole Board
General Revenues 1,259,056
Federal Funds 33,002
Total - Parole Board 1,292,058
Institutional Corrections
General Revenues 160,571,643
Federal Funds 2,034,829
Rhode Island Capital Plan Funds
Reintegration Center State Match 1,195,123
General Renovations Maximum 400,000
General Renovations - Women 1,000,000
Womens Bathroom Renovations 856,000
Work Release Roof 497,000
Asset Protection 2,500,000
Total - Institutional Corrections 169,054,595
Community Corrections
General Revenues 15,657,717
Federal Funds 380,217
Total Community Corrections 16,037,934
Grand Total - Corrections 197,210,155
Judiciary
Supreme Court
General Revenues
General Revenues 25,903,138
Defense of Indigents 3,065,689
Judicial Tenure and Discipline 119,705
Federal Funds 121,590
Restricted Receipts 1,131,337
Rhode Island Capital Plan Funds
Judicial HVAC 400,000
Garrahy Lighting and Ceiling 600,000
Asset Protection 450,000
Total - Supreme Court 31,791,459
Superior Court
General Revenues 20,417,996
Federal Funds 535,427
Total - Superior Court 20,953,423
Family Court
General Revenues 17,793,670
Federal Funds 1,407,102
Total Family Court 19,200,772
District Court General Revenues 10,505,649
Traffic Tribunal General Revenues 7,159,070
Workers' Compensation Court Restricted Receipts 7,387,455
Grand Total - Judiciary 96,997,828
Military Staff
National Guard
General Revenues 1,761,132
Federal Funds 9,288,875
Restricted Funds 145,000
Rhode Island Capital Plan Funds
Federal Armories Fire Code Comp. 118,750
AMC Roof Replacement 644,000
State Armories Fire Code Comp. 250,000
Asset Protection 210,000
Logistics/Maint. Facilities Fire Code Comp. 100,000
Woonsocket Building Demolition 71,250
Total - National Guard 12,589,007
Emergency Management
General Revenues 802,732
Federal Funds 11,305,824
Restricted Receipts 262,532
Total - Emergency Management 12,371,088
Grand Total - Military Staff 24,960,095
E-911 Emergency Telephone System
General Revenues 4,733,109
Restricted Receipts 1,296,943
Grand Total E-911 Emergency Telephone System 6,030,052
Fire Safety Code Board of Appeal and Review General Revenues 303,435
State Fire Marshal
General Revenues 2,671,285
Federal Funds 227,972
Grand Total - State Fire Marshal 2,899,257
Rhode Island Justice Commission
General Revenues 160,815
Federal Funds 4,151,511
Restricted Receipts 30,000
Grand Total - Rhode Island Justice Commission 4,342,326
Municipal Police Training Academy
General Revenues 429,252
Federal Funds 50,000
Grand Total - Municipal Police Training Academy 479,252
State Police
General Revenues 52,058,385
Federal Funds 1,091,916
Restricted Receipts 312,100
Traffic Enforcement - Municipal Training 378,924
Rhode Island Capital Plan Funds
Barracks and Training 150,000
State Police Training Academy 5,000,000
Lottery Commission Assistance 142,099
Airport Corporation 143,923
Road Construction Reimbursement 2,366,598
Grand Total - State Police 61,643,945
Office of Public Defender
General Revenues 9,324,951
Federal Funds 421,833
Grand Total - Office of Public Defender 9,746,784
Environmental Management
Office of the Director
General Revenues 6,043,464
Federal Funds 556,097
Restricted Receipts 2,504,573
Total Office of the Director 9,104,134
Natural Resources
General Revenues 18,318,004
Federal Funds 17,159,404
Restricted Receipts 3,829,816
DOT Recreational Projects 117,996
Blackstone Bikepath Design 787,890
Rhode Island Capital Plan Funds
Dam Repair 300,000
Recreational Facilities Improvements 1,000,000
Fort Adams Rehabilitation 250,000
Jamestown Fishing Pier 100,000
Galilee Piers Upgrade 400,000
Newport Piers 950,000
Total - Natural Resources 43,213,110
Environmental Protection
General Revenues 12,051,532
Federal Funds 10,438,032
Restricted Receipts 10,611,052
Total - Environmental Protection 33,100,616
Grand Total - Environmental Management 85,417,860
Coastal Resources Management Council
General Revenues 1,879,559
Federal Funds 1,607,000
Restricted Receipts 1,022,100
Grand Total - Coastal Resources Management Council 4,508,659
State Water Resources Board
General Revenues 1,893,081
Restricted Receipts 400,000
Rhode Island Capital Plan Funds
Big River Management Area 92,000
Grand Total - State Water Resources Board 2,385,081
Transportation
Central Management
Federal Funds 17,166,840
Gas Tax 3,711,727
Total - Central Management 20,878,567
Management and Budget Gasoline Tax 3,010,397
Infrastructure Engineering Garvee/Motor
Fuel Tax Bonds
Federal Funds 257,540,116
Restricted Receipts 661,834
Gasoline Tax 46,094,158
Land Sale Revenue 2,000,000
Rhode Island Capital Plan Funds
Cherry Hill/Lincoln Facility 625,000
Land and Buildings 2,305,486
Pawtucket/Central Falls Train Station 40,000
State Infrastructure Bank 1,000,000
Total - Infrastructure Engineering Garvee/Motor
Fuel Tax Bonds 310,266,594
Infrastructure Maintenance
Gasoline Tax 39,478,984
Non-land Surplus Property 287,523
Outdoor Advertising 18,809
Rhode Island Capital Plan Funds
Maintenance Facilities 200,000
Total - Infrastructure Maintenance 39,985,316
Grand Total - Transportation 374,140,874
Statewide Totals
General Revenues 3,403,638,116
Federal Funds 2,010,642,340
Restricted Receipts 162,635,736
Other Funds 1,400,492,417
Statewide Grand Total 6,977,408,609
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. Notwithstanding any provisions of Rhode
Island General Laws, the Quonset Development Corporation shall transfer the sum
of three million four hundred eighty-six thousand eight hundred seventy four
dollars ($3,486,874) to the State Controller by June 30, 2008.
SECTION 5. 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 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
non-general 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 Fund 29,966,436
Administration
Central Utilities Internal Service Fund 19,490,769
State
Central Mail Internal Service Fund 5,683,450
State
Telecommunications Internal Service Fund 3,020,022
State
Automotive Fleet Internal Service Fund 14,649,606
State
Surplus Property Internal Service Fund 15,715
Capital
Police Internal Service Fund 580,935
Health Insurance Internal Service Fund 258,553,614
MHRH
Central Pharmacy Internal Service Fund 10,274,366
MHRH
Laundry Services Internal Service Fund 1,266,493
Corrections
General Services & Warehouse Internal Service Fund 6,054,815
Correctional
Industries Internal Service Fund 7,455,680
Secretary
of State Record Center Internal Service Fund 1,177,788
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, 2008.
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, 2008.
SECTION 9. Department of
Health Regulatory and Licensing Activities Restricted Receipt Account. There is
created within the general fund a restricted receipt account to be known as
"regulatory and licensing activities restricted receipt account". All
money in the account shall be utilized by the department of health to
effectuate provisions of chapter 23-1.3 that relate to radiation control;
provisions of chapter 23-16.3 that relate to clinical laboratory specialists,
provisions of chapter 21-23 that relate to nonalcoholic bottled beverages,
drinks and juices, provisions of chapter 23-22 that relate to licensing of
swimming pools; provisions of chapter 5-60 that relate to athletic trainers,
provisions of chapter 5-32 that relate to electrolysis, provisions of chapter 5-49 that relate to hearing aid
dealers and fitters and provisions of chapter 23-68 that relate to the tanning facilities
safety standard act. All money received pursuant to sections 5-60-1, 5-32-6,
5-49-6, 21-23-2, 23-1.3-5, 23-16.3, 23-22-6, 23-68-6 of the Rhode Island
General Laws shall be deposited into the regulatory and licensing restricted
receipt account.
SECTION 10. Appropriation of Lottery Division Funds
There is hereby appropriated to the Lottery Division any funds required to be
disbursed by the Lottery Division for the purposes of paying commissions or
transfers to the prize fund for the fiscal year ending June 30, 2008.
SECTION 11. Departments and
agencies listed below may not exceed the number of full-time equivalent (FTE)
positions shown below plus the number of contract employees as of June 8, 2007
as certified by the Budget Officer 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.
Contract positions are those
where the contracted employees or employee services where the contracted
employees would work under state employee supervisors. The Budget Officer shall
certify the total number to the Governor, Speaker of the House and President of
the Senate, with copies to the chairman of the House Finance Committee, Senate
Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor
within ten days of passage of the budget act.
No agency or department may
employ contracted employees or employee services where the contracted employees
would work under state employee supervisors after October 1, 2007 without
determination of need by the Director of Administration acting upon the
positive recommendations of the Budget Officer and the Personnel Administrator
and 15 days after a public hearing.
Nor may any agency or
department contract for services replacing work done by state employees at that
time without determination of need by the Director of Administration acting
upon the positive recommendations of the Budget Officer and the Personnel
Administrator and 30 days after a public hearing.
State employees whose funding
is from non-state general revenue funds that are time limited shall receive
limited term appointment with the term limited to the availability of the
non-state general revenue funding source.
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 the overall 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 1,032.9
Business
Regulation 105.0
Labor
and Training 454.9
Revenue 475.0
Legislature 298.2
Office
of the Lieutenant Governor 9.5
Office
of the Secretary of State 58.0
Office
of the General Treasurer 88.0
Board
of Elections 14.0
Rhode
Island Ethics Commission 12.0
Office
of the Governor 44.0
Public
Utilities Commission 45.7
Rhode
Island Commission on Women 1.0
Health
and Human Services 5.0
Children,
Youth, and Families 805.0
Elderly
Affairs 46.0
Health 459.0
Human
Services 1,109.0
Mental
Health, Retardation, and Hospitals 1,761.0
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 5.6
Commission
for Human Rights 14.5
Office
of the Mental Health Advocate 3.7
Elementary
and Secondary Education 134.2
Davies 133.0
School
for the Deaf 68.0
Office
of Higher Education 22.0
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 2,532.1
Provided
that 602.0 of the total authorization would be available only for positions
that are supported by third-party funds.
Rhode
Island College 932.5
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 848.2
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 8.6
RI
Atomic Energy Commission 8.6
Higher
Education Assistance Authority 46.0
Historical
Preservation and Heritage Commission 17.6
Public
Telecommunications Authority 20.0
Office
of the Attorney General 234.8
Corrections 1,508.6
Judiciary 732.5
Military
Staff 110.0
E-911
Emergency Telephone System 53.6
Fire
Safety Code Bd. of Appeal and Review 3.0
RI
State Fire Marshal 35.0
Rhode
Island Justice Commission 7.6
Municipal
Police Training Academy 4.0
State
Police 272.0
Office
of the Public Defender 93.5
Environmental
Management 491.4
Coastal
Resources Management Council 30.0
State
Water Resources Board 9.0
Transportation 773.7
Total 15,770.0
SECTION 12. The amounts
reflected in this Article include the appropriation of Rhode Island Capital
Plan funds for fiscal year 2008 and supersede appropriations provided for FY
2008 within Section 8 of Article 1 of Chapter 246 of the P.L. of 2006.
The following amounts are
hereby appropriated out of any money in the States Rhode Island Capital Plan
Fund not otherwise appropriated to be expended during the fiscal years ending
June 30, 2009, June 30, 2010, and June 30, 2011. These amounts supersede appropriations provided within Section 8
of Article 1 of Chapter 246 of the P.L. of 2006. 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 Ending Fiscal Year Ending Fiscal Year
Ending
Project June
30, 2009 June 30, 2010 June
30, 2011
RICAP DOA McCoy Stadium Repairs 432,500 152,500 372,500
RICAP DOA Pastore Utilities Upgrade 3,000,000 3,500,000 4,000,000
RICAP DOA Statehouse Renovations 2,000,000 2,000,000 6,000,000
RICAP DCYF Fire Code Upgrades
Group
Homes 1,000,000 1,210,000 1,210,000
RICAP Higher Ed-URI Chemistry Bldg. 300,000 - -
RICAP Higher Ed-URI Nursing
Program
Building - 500,000 -
RICAP Higher Ed-CCRI Fire Code
and HVAC 1,700,000 - -
RICAP Mil. Staff-AMC Roof/HVAC 1,100,000 950,000 -
RICAP State Police Headquarters 10,000,000 - -
SECTION 13. Reappropriation of Funding for Rhode
Island Capital Plan Fund Projects. - Any unexpended and unencumbered funds
from Rhode Island Capital Plan Fund project appropriations shall be
reappropriated in the ensuing fiscal year and made available for the same
purpose. Any unexpended funds of less than five hundred dollars ($500) shall be
reappropriated at the discretion of the State Budget Officer.
SECTION 14. This article shall take effect as of July 1,
2007.
ARTICLE 2 SUBSTITUTE A
RELATING TO BORROWING IN ANTICIPATION OF
RECEIPTS FROM TAXES
SECTION 1. (a) The State of Rhode Island is hereby
authorized to borrow during its fiscal year ending June 30, 2008, 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 seventy million dollars ($270,000,000), 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, or other forms of obligations, and any expense of issuing the promissory
note or notes, or other forms of obligations, 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.
(b) Notwithstanding any other
authority to the contrary, duly authorized bonds or notes of the state issued
during the fiscal year ending June 30, 2008 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 Subsection
(a) of Section 1 of this Article.
(c) Notwithstanding any other
authority to the contrary, other forms of obligations of the state not to
exceed twenty million dollars ($20,000,000) of the two hundred seventy million
dollar ($270,000,000) amount authorized in Section 1 may be issued during the
fiscal year ending June 30, 2008 in the form of a commercial or business credit
account, at any time outstanding, with banks, trust companies or other financial
institutions within or outside the state in order to finance a payables
incentive program for the state with its vendors. Any such forms of obligations
entered into pursuant to this subsection 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. Any such forms of obligations
entered into pursuant to this subsection 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. Any such forms of obligations entered into pursuant to this subsection
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
Subsection (a) of Section 1 of this Article.
SECTION 2. This article shall take effect upon passage.
ARTICLE 3 SUBSTITUTE A AS AMENDED
RELATING TO GOVERNMENT REORGANIZATION
SECTION 1. Sections
42-7.2-2, 42-7.2-4, 42-7.2-5 and 42-7.2-6 of the General Laws in Chapter 42-7.2
entitled "Office of Health and Human Services" are hereby amended to
read as follows:
42-7.2-2. Executive office of health and human services. --
There is hereby established within the executive branch of state government an
executive office of health and human services. to serve as the
principal agency of the executive branch of state government for managing the
departments of children, youth and families, elderly affairs, health, human
services, and mental health, retardation and hospitals. In this capacity, This the
office shall: lead
(a) Lead the
state's five health and human services departments in order to:
(a) (1) Improve the economy, efficiency,
coordination, and quality of health and human services policy and planning,
budgeting and financing.
(b) (2) Design strategies and implement best practices
that foster service access, consumer safety and positive outcomes.
(c) (3) Maximize and leverage funds from all
available public and private sources, including federal financial
participation, grants and awards.
(d) (4) Increase public confidence by conducting
independent reviews of health and human services issues in order to promote
accountability and coordination across departments.
(e) (5) Ensure that state health and human services
policies and programs are responsive to changing consumer needs and to the
network of community providers that deliver assistive services and supports on
their behalf.
(b) Supervise the
administrations of federal and state medical assistance programs by acting as
the single state agency authorized under title XIX of the U.S. Social Security
act, 42 U.S.C. Section 1396a et seq., notwithstanding any general or public law
or regulation to the contrary, and exercising such single state agency
authority for such other federal and state programs as may be designated by the
governor. Nothing in this chapter shall
be construed as transferring to the secretary: (1) The powers, duties or
functions conferred upon the departments by Rhode Island general laws for the
administration of the foregoing federal and state programs; or (2) The
administrative responsibility for the preparation and submission of any state
plans, state plan amendments, or federal waiver applications, as may be
approved from time to time by the secretary with respect to the foregoing
federal and state programs.
42-7.2-4. Responsibilities of the secretary. --
(a) The secretary shall be responsible to the governor for supervising the
executive office of health and human services and for managing and
providing strategic leadership and direction to the five departments.
(b) Notwithstanding the provisions set forth in this chapter, the
governor shall appoint the directors of the departments within the executive
office of health and human services. Directors appointed to those departments
shall continue to be subject to the advice and consent of the senate and shall
continue to hold office as set forth in sections 42-6-1 et seq. and 42-72-1(c).
42-7.2-5. Duties of the secretary. --
The secretary shall be subject to the direction and supervision of the
governor for the oversight, coordination and cohesive direction of state
administered health and human services and in ensuring the laws are faithfully
executed, not withstanding any law to the contrary. In this capacity, the
Secretary of Health and Human Services shall be authorized to:
(a) Coordinate the administration and financing of health care
benefits, human services and programs including those authorized by the
Medicaid State Plan under Title XIX of the US Social Security Act. However, nothing
in this section shall be construed as transferring to the secretary the powers,
duties or functions conferred upon the departments by Rhode Island public and
general laws for the administration of federal/state programs financed in whole
or in part with Medicaid funds or the administrative responsibility for the
preparation and submission of any state plans, state plan amendments, or
authorized federal waiver applications.
(b) Serve as the governor's chief advisor and liaison to federal
policymakers on Medicaid reform issues as well as the principal point of
contact in the state on any such related matters.
(c) Review and ensure the coordination of any new departmental
waiver requests and renewals as well as any initiatives and proposals requiring
amendments to the Medicaid state plan with the potential to affect the scope,
amount or duration of publicly-funded health care services, provider payments
or reimbursements, or access to or the availability of benefits and services as
provided by Rhode Island general and public laws. The secretary shall consider
whether any such waivers or amendments are legally and fiscally sound and
consistent with the state's policy and budget priorities. The secretary shall
also assess whether a proposed waiver or amendment is capable of obtaining the
necessary approvals from federal officials and achieving the expected positive
consumer outcomes. Department directors shall, within the timelines specified,
provide any information and resources the secretary deems necessary in order to
perform the reviews authorized in this section;
(d) Beginning in 2006, prepare and submit to the governor, the
chairpersons of the house and senate finance committees, the caseload
estimating conference, and to the joint legislative committee for health
care oversight, by no later than December February 1 of each
year, a comprehensive overview of all Medicaid expenditures included in the
annual budgets developed by the departments.. outcomes, and utilization
rates. The overview shall include, but
not be limited to, the following information:
(1)Expenditures under titles xix and xxi of the social security
act, as amended;
(2) Expenditures, outcomes
and utilization rates by population and sub-population served (e.g. families with
children, children with disabilities, children in foster care, children
receiving adoption assistance, adults with disabilities, and the elderly);
(3) Expenditures, outcomes
and utilization rates by each state department or other municipal or public entity
receiving federal reimbursement under titles xix and xxi of the social security
act, as amended; and
(4) Expenditures, outcomes
and utilization rates by type of service and/or service provider.
The directors of the
departments, as well as local governments and school departments, shall
assist and cooperate with the secretary in fulfilling this responsibility by
providing whatever resources, information and support shall be necessary.
(e) Resolve administrative, jurisdictional, operational, program,
or policy conflicts among departments and their executive staffs and make
necessary recommendations to the governor.
(f) Assure continued progress toward improving the quality, the
economy, the accountability and the efficiency of state-administered
health and human services. In this capacity, the secretary shall:
(1) Oversee Direct implementation of reforms in the
human resources practices of the departments that streamline and upgrade
services, achieve greater economies of scale and establish the coordinated
system of the staff education, cross- training, and career development services
necessary to recruit and retain a highly-skilled, responsive, and engaged
health and human services workforce;
(2) Encourage the departments to utilize consumer-centered
approaches to service design and delivery that expand their capacity to respond
efficiently and responsibly to the diverse and changing needs of the people and
communities they serve;
(3) Develop all opportunities to maximize resources by leveraging
the state's purchasing power, centralizing fiscal service functions related
to budget, finance, and procurement, centralizing communication, policy
analysis and planning, and information systems and data management and
standardizing contractual services, pursuing alternative funding sources
through grants, awards and partnerships and securing all available federal
financial participation for programs and services provided through the
departments; and
(4) Improve the coordination
and efficiency of health and human services legal functions by centralizing
adjudicative and legal services and overseeing their timely and judicious
administration.
(g) Ensure preparation of a coordinated Prepare and
integrate comprehensive budgets for the health and human services
departments; and any other functions and duties assigned to the
office. The budgets shall be submitted
to the state budget office by the secretary, for consideration by the governor,
on behalf of the states health and human services in accordance with the
provisions set forth in section 35-3-4 of the Rhode Island general laws.
(h) Improve the ability of departments to utilize Utilize
objective data to evaluate health and human services policy goals, resource use
and outcome evaluation and to perform short and long-term policy planning and
development.
(i) Foster the establishment Establishment of an
integrated approach to interdepartmental information and data management that
will facilitate the transition to consumer-centered system of state
administered health and human services.
(j) At the direction of the governor or the general assembly,
conduct independent reviews of state-administered health and human services
programs, policies and related agency actions and activities and assist the
department directors in identifying strategies to address any issues or areas
of concern that may emerge thereof. The department directors shall provide any
information and assistance deemed necessary by the secretary when undertaking
such independent reviews.
(k) Provide regular and timely reports to the governor and make
recommendations with respect to the state's health and human services agenda.
(l) Employ such personnel and contract for such consulting
services as may be required to perform the powers and duties lawfully conferred
upon the secretary.
(m) Implement the provisions of any general or public law or
regulation related to the disclosure, confidentiality and privacy of any
information or records, in the possession or under the control of the executive
office or the departments assigned to the executive office, that may be
developed or acquired for purposes directly connected with the secretary's
duties set forth herein.
(n) Hold the director of each
health and human services department accountable for their administrative,
fiscal and program actions in the conduct of the respective powers and duties
of their agencies.
42-7.2-6. Departments assigned to the executive office -- Powers and
duties. -- (a) The departments assigned to the secretary shall:
(1) Exercise their respective powers and duties in accordance with
their statutory authority and the general policy established by the governor or
by the secretary acting on behalf of the governor or in accordance with the
powers and authorities conferred upon the secretary by this chapter;
(2) Provide such assistance or resources as may be requested or
required by the governor and/or the secretary; and
(3) Provide such records and information as may be requested or
required by the governor and/or the secretary to the extent allowed under the
provisions of any applicable general or public law, regulation, or agreement
relating to the confidentiality, privacy or disclosure of such records or
information.
(4) Forward to the secretary
copies of all reports to the governor.
(b) Except as provided herein, no provision of this chapter or
application thereof shall be construed to limit or otherwise restrict the
department of children, youth and families, the department of elderly affairs,
the department of health, the department of human services, and the department
of mental health, retardation and hospitals from fulfilling any statutory
requirement or complying with any valid rule or regulation.
SECTION 2. Chapter
42-7.2 of the General Laws entitled "Office of Health and Human
Services" is hereby amended by adding thereto the following section:
42-7.2-6.1. Transfer of powers and functions.. (a)
There are hereby transferred to the executive office of health and human
services the powers and functions of the departments with respect to the
following:
(1) By July 1, 2007, fiscal
services including budget preparation and review, financial management,
purchasing and accounting and any related functions and duties deemed necessary
by the secretary;
(2) By July 1, 2007, legal services including applying and interpreting
the law, oversight to the rule-making process, and administrative adjudication
duties and any related functions and duties deemed necessary by the secretary;
(3) By September 1, 2007,
communications including those functions and services related to government
relations, public education and outreach and media relations and any related
functions and duties deemed necessary by the secretary;
(4) By March 1, 2008, policy analysis
and planning including those functions and services related to the policy
development, planning and evaluation and any related functions and duties
deemed necessary by the secretary; and
(5) By June 30, 2008, information
systems and data management including the financing, development and
maintenance of all data-bases and information systems and platforms as well as
any related operations deemed necessary by the secretary;
(b) The secretary shall determine
in collaboration with the department directors whether the officers, employees,
agencies, advisory councils, committees, commissions, and task forces of the
departments who were performing such functions shall be transferred to the
office. Duties that are incidental to
the performance of the functions transferred to the office in subpart (a) shall
remain with the departments providing that the employees responsible thereof
are performing functions that have not been transferred.
(c) In the transference of such
functions, the secretary shall be responsible for ensuring:
(1) Minimal disruption of services
to consumers;
(2) Elimination of duplication of
functions and operations;
(3) Services are coordinated and functions
are consolidated where appropriate;
(4) Clear lines of authority are
delineated and followed;
(5) Cost-savings are achieved whenever
feasible;
(6) Program application and eligibility
determination processes are coordinated and, where feasible, integrated; and
(7)
State and federal funds available to the office and the entities therein are
alllocated and utilized for service delivery to the fullest extent possible.
Except as provided herein, no provision of
this chapter or application thereof shall be construed to limit or otherwise
restrict the departments of children, youth and families, human services,
elderly affairs, health, and mental health, retardation, and hospitals from
fulfilling any statutory requirement or complying with any regulation deemed
otherwise valid.
SECTION 3. Section
42-12-27 of the General Laws in Chapter 42-12 entitled "Department of
Human Services" is hereby amended to read as follows repealed in
its entirety:
42-12-27. Annual report of statewide Medicaid expenditures -- Health
and social outcomes. -- (a) The governor and the general
assembly hereby find and declare that statewide Medicaid program expenditures
were approximately $1.037 billion dollars during state fiscal year 1998, and
accounted for nearly twenty-eight percent (28%) of state's total annual
expenditures of $3.725 billion in fiscal year 1998, and are projected to
continue to be a significant percentage of the total annual state budget; that
those expenditures have a significant impact on the health, educational and
social fabric of the state; that although the department of human services has
been designated as the single state agency responsible to the federal
government and the state for the effective and efficient administration and
supervision of the state's Medicaid program, as well as to provide assurances of
statewide accessibility to a comprehensive system of high-quality health care
services, only two-thirds (2/3) of total Medicaid expenditures is appropriated
to and directly administered by the department of human services, while the
remaining one-third (1/3) is appropriated to other departments within state
government. The governor and the general assembly further recognize that policy
makers may not have the benefit of a comprehensive and consolidated depiction
of the total impact of the Medicaid program on Rhode Island children and
families, adults with disabilities and the elderly; and, that policy makers
should require a higher level of assurance that the funds are used to enhance
health service accessibility, delivery and outcomes, as well as to improve the
fiscal integrity and accountability for Medicaid expenditures.
(b) The governor and the general assembly further find and declare
that a well-coordinated comprehensive financing and service delivery system
that specifically addresses the interfaces between other health, social, and
educational programs, including those administered at the municipal and
community level, is essential.
(c) Wherefore, the governor and general assembly direct the
director of the department of human services, as the administrator of the
single state agency for the Medicaid program in Rhode Island, to issue a report
to the governor, to the general assembly and to the caseload estimating
conference established under section 15-17-1, no later than March 31, 2000, and
by March 31st of each year thereafter, of expenditures and outcomes over time
for the Medicaid program as a whole, including but not limited to the following
information:
(1) expenditures under Titles XIX and XXI of the Social Security
Act, as amended;
(2) expenditures and outcomes by population and sub-population
served (e.g. families with children, children with disabilities, children in
foster care, children receiving adoption assistance, adults with disabilities,
and the elderly);
(3) expenditures and outcomes by each state department or other
municipal or public entity receiving federal reimbursement under Titles XIX and
XXI, and
(4) expenditures and outcomes by type of service and/or service
provider.
SECTION 4. It is the intent
of the general assembly to reform and make uniform the process of the selection
of magistrates and the terms and conditions under which they shall serve. The
provisions in this act which establish a ten (10) year term, shall apply to any
vacancy which occurs after the date of passage and shall also apply to any
magistrate position which completes its statutory term after the date of
passage of this act. Any magistrate in service as of the effective date of this
act who was appointed to his or her position with life tenure or for a term of
years shall continue to serve in accordance with the terms of that appointment.
It is the intent of the general assembly that this act shall determine the
rights and duties of court magistrates superseding any act or rule in conflict
with the provisions of this act.
SECTION 5. Section
8-2-11.1 of the General Laws in Chapter 8-2 entitled "Superior Court"
is hereby amended to read as follows:
8-2-11.1. Administrator/magistrate. --
(a) Any person holding the position of administrative clerk in the superior
court who is a member of the bar of Rhode Island may be appointed
administrator/magistrate for a term of ten (10) years and until a successor
is appointed and qualified, by the presiding justice, with the advice
and consent of the senate, in his or her capacity as administrative judge. Nothing
herein shall be construed to prohibit the assignment of an
administrator/magistrate to more than one such term, subject to the advice and
consent of the senate.
(b) (1) The administrator/magistrate shall have the power to hear
and determine such matters as may be assigned to the administrator/magistrate
by the presiding justice all to the same effect as if done by a justice of the
superior court.
(2) Without limiting the generality of the foregoing powers and
authority, the administrator/magistrate is authorized and empowered to hear and
determine motions in civil and criminal proceedings, formal and special causes,
to conduct arraignments, to grant or deny bail, to accept pleas of not guilty,
guilty, or nolo contendere, and to impose sentence on a plea of guilty or nolo
contendere, all to the same effect as if done by a justice of the superior
court.
(c) The administrator/magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts and take all measures necessary or proper for
the efficient performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them, and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the court, for failure to appear in response to a summons or for
refusal to answer questions or produce evidence or for behavior disrupting a
proceeding;
(7) To adjudicate a party in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the court, for failure to comply with a pending order to provide
payment or to perform any other act; and
(8) To issue a capias and/or body attachment upon the failure of a
party or witness to appear after having been properly served and, should the
court not be in session, the person apprehended may be detained at the adult
correctional institution, if an adult, or at the Rhode Island training school
for youth, if a child, until the next session of the court.
(d) A party aggrieved by an order entered by the
administrator/magistrate shall be entitled to a review of the order by a
justice of the superior court. Unless otherwise provided in the rules of
procedure of the court, the review shall be on the record and appellate in
nature. The court shall, by rules of procedure, establish procedures for review
of orders entered by the administrator/magistrate, and for enforcement of
contempt adjudications of the administrator/magistrate.
(e) Final orders of the superior court entered in a proceeding to
review an order of the administrator/magistrate may be appealed to the supreme
court.
(f) The administrator/magistrate shall be:
(1) Governed by the commission on judicial tenure and discipline,
chapter 16, of this title, in the same manner as justices and judges;
(2) Subject to all provisions of the canons of judicial ethics;
(3) Subject to all criminal laws relative to judges by virtue of
sections 11-7-1 and 11-7-2.
SECTION 6. Sections
8-2-39, 8-2-39.1 and 8-2-39.2 of the General Laws in Chapter 8-2 entitled
"Superior Court" are hereby amended to read as follows:
8-2-39. General magistrate -- Appointment, duties and powers. --
(a) There is hereby created within the superior court the position of general
magistrate who shall be appointed by the chief presiding justice
of the supreme superior court, with the advice and consent of
the senate, for a term of ten (10) years and until a successor is appointed and
qualified. Nothing herein shall be construed to prohibit the assignment of the
general magistrate to more than one such term, subject to the advice and
consent of the senate. The person appointed to serve as general magistrate
shall be a member of the bar of Rhode Island. The powers and duties of the
general magistrate shall be prescribed
in the order appointing him or her.
(b) (1) The general magistrate shall assist the court in:
(i) The determination of, monitoring, collection, and payment of
restitution and court ordered fines, fees, and costs or the ordering of
community service in lieu of or in addition to the payment of restitution, fines,
fees, and costs, consistent with other provisions of the general laws;
(ii) The determination and payment of claims under the violent
crimes indemnity fund for the Criminal Injuries Compensation Act of 1972,
chapter 25 of title 12;
(iii) The determination and payment of claims from the Criminal
Royalties Distribution Act of 1983, chapter 25.1 of title 12; and
(iv) Such other matters as the chief presiding
justice of the supreme superior court in consultation with the
presiding justice and, if applicable, the chief justice of the receiving court
determines are necessary.
(2) The chief justice of the supreme court, with the consent of
the presiding justice and, if applicable, the chief judge of a particular
court, may assign the general magistrate to serve as a magistrate in any
court of the unified system. When the general magistrate is so assigned he or
she shall be vested, authorized, and empowered with all the powers belonging to
the justices or judges magistrate position to which he or she is
specially assigned.
(c) The general magistrate will be empowered to hear all motions,
pretrial conferences, arraignments, probable cause hearings, bail hearings,
bail and probation revocation hearings, and to review all such matters
including, but not limited to the above, and to modify the terms and conditions
of probation and other court-ordered monetary payments including, but not
limited to, the extension of time for probation and court-ordered monetary
payments as provided by law. The general magistrate shall have the power to
take testimony in connection with all matters set forth herein.
(d) The general magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts and take all measures necessary or proper for
the efficient performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them, and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the relevant court, for failure to appear in response to a summons
or for refusal to answer questions or produce evidence or for behavior
disrupting a proceeding;
(7) To adjudicate a party in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the relevant court, for failure to comply with a pending order to
provide payment or to perform any other act; and
(8) To issue a capias and/or body attachment upon the failure of a
party or witness to appear after having been properly served and, should the
court not be in session, the person apprehended may be detained at the adult
correctional institutions, if an adult, or at the Rhode Island training school
for youth, if a child, until the next session of the court.
(e) A party aggrieved by an order entered by the general
magistrate shall be entitled to a review of the order by a justice of the
relevant court. Unless otherwise provided in the rules of procedure of the
court, such review shall be on the record and appellate in nature. The court
shall, by rules of procedure, establish procedures for review of orders entered
by a general magistrate, and for enforcement of contempt adjudications of a
general magistrate.
(f) Final orders of the superior or family court entered in a proceeding
to review an order of a general magistrate may be appealed to the supreme
court. Final orders of the district court entered in a proceeding to review an
order of the general magistrate may be appealed to the superior court.
(g) The general magistrate shall:
(1) Receive all credits and retirement allowances as afforded
justices under chapter 3 of this title and any other applicable law, including
without limitation, section 8-3-16;
(2) Receive a salary equivalent to that of a district court judge and
be subject to the unclassified pay plan board;
(3) Hold office for life during good behavior; (Repealed)
(4) Be governed by the commission on judicial tenure and
discipline, chapter 16, of this title, in the same manner as justices and
judges;
(5) Be subject to all provisions of the canons of judicial ethics
or code of judicial conduct;
(6) Be subject to all criminal laws relative to judges by virtue
of sections 11-7-1 and 11-7-2.
(h) The provisions of this section shall be afforded liberal
construction.
(i) The chief presiding justice of the supreme
superior court shall initially appoint such support staff as may be
necessary, relating to preparation, investigation, and implementation of
the general magistrate's functions. Effective November 15, 1993, the
support staff shall be placed under the supervision and management of the
superior court, and new appointments or personnel changes in the support staff
shall be subject to the directions and approval of the superior court,
consistent with any applicable collective bargaining agreements. The general
magistrate shall have the power and authority to issue subpoenas and to compel
the attendance of witnesses at any place within the state, to administer oaths
and to require testimony under oath. The general magistrate, or his or her
designee, may serve his or her process or notices in a manner provided for the
service of process and notice in civil or criminal actions in accordance with
the rules of court.
8-2-39.1. Special magistrate. -- There is hereby created
within the superior court the position of special magistrate, who shall be
appointed by the presiding justice of the superior court, with the advice and
consent of the senate, for a period of ten (10) years, and until a successor is
appointed and qualified. Nothing contained herein shall be construed to
prohibit the reappointment of a special magistrate for one or more additional
ten (10) year terms, subject to the advice and consent of the senate.
The person appointed to serve as special magistrate shall be a member of the
bar of the state of Rhode Island. The special magistrate shall have the duties,
responsibilities, powers and benefits as authorized in section8-2-39.
8-2-39.2. Drug court magistrate -- Appointment, duties and powers. --
(a) There is hereby created within the superior court the position of Drug
Court Magistrate who shall be appointed by the presiding justice of the
superior court, with the advice and consent of the senate. The person
persons appointed to serve as Drug Court Magistrate Magistrates
shall be a member members of the bar of Rhode Island. The powers
and duties of the Drug Court Magistrate shall be prescribed in the order
appointing him or her in addition to those described herein.
The Drug Court Magistrate's term shall be ten (10) not exceed
three (3) years and until a successor is appointed and qualified. His
or her salary shall be paid not out of state funds, but rather from those funds
made available from the federal government. If federal funds become available
after the expiration of three (3) years, nothing Nothing in this
article shall prohibit the a Drug Court Magistrate from being
reappointed for additional three (3) ten (10) year terms by the
presiding justice of the superior court with the advice and consent of the
senate. He or she shall receive a salary equivalent to that received by the
special magistrate assigned to the superior court.
(b) The Drug Court Magistrate shall be empowered to hear and
decide as a superior court justice all matters relating to those adult
offenders who come before the jurisdiction of the superior court on any offense
relating to the offender's participation in the Adult Drug Court. In addition,
the Drug Court Magistrate shall have the power to impose a period of
incarceration upon a plea of guilty or nolo contendere, and also have the power
to confine any person who has been found to be in violation of any conditions
previously imposed by the superior court.
(c) The Drug Court Magistrate shall be empowered to hear and
decide as a superior court justice all matters that may come before the
superior court pursuant to chapter 37.1 of title 11 "Sexual Offender
Registration and Community Notification."
(d) The Drug Court Magistrate and/or the presiding justice of the
superior court may fix the venue of any person who is before the superior court
as a participant in the Adult Drug Court or who is alleged to be a sexual
predator, and who has filed an objection to community notification.
(e) The Drug Court Magistrate shall be governed by the commission
on judicial tenure and discipline, chapter 16 of title 8 in the same manner as
justices and judges; shall be subject to all provisions of the canons of
judicial ethics or code of judicial conduct; and shall be subject to all
criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.
(f) A party aggrieved by an order entered by the Drug Court
Magistrate shall be entitled to a review of the order by a justice of the
Superior Court. Unless otherwise provided in the rules of procedure of the
court, such review shall be on the record and appellate in nature. The Superior
Court shall, by rules of procedure, establish procedures for reviews of orders
entered by a Drug Court Magistrate, and for enforcement of contempt
adjudications of a Drug Court Magistrate.
SECTION 7. Sections
8-8-8.1 and 8-8-16.2 of the General Laws in Chapter 8-8 entitled "District
Court" are hereby amended to read as follows:
8-8-8.1. Administrator/clerk -- Magistrate. --
(a) Administrator/clerk. - There shall be a district court administrator/clerk
who shall be appointed by the chief judge in his or her capacity as
administrative head of the court, and who shall hold office at the pleasure of
the administrative judge. The administrator/clerk shall perform such duties and
attend to such matters as may be assigned to the administrator/clerk by the
administrative judge, other than those duties assigned to the chief clerk in
section8-8-19. Said duties may be assigned by the chief judge. both
as to the district court established by this chapter and as to the traffic
tribunal established by chapter 8.2 of this title.
(b) Magistrate. - Any person holding the position of district
court administrator/clerk who is a member of the bar of Rhode Island may be
appointed district court magistrate by the chief judge in his or her capacity
as administrative head of the court, subject to the advice and consent of the
senate. The district court magistrate shall hold said office for a term of twelve
(12) ten (10) years and until a successor is appointed and
qualified; and the magistrate shall retain whatever right he or she may have to
the position of district court administrator/clerk pursuant to this section.
Nothing herein shall be construed to prohibit the appointment of the magistrate
for more than one term, subject to the advice and consent of the senate.
Any person holding office of district court magistrate on July 1, 1999 may
continue in full authority in said position until such time as an appointment
is made and the nominee qualified pursuant to this subsection.
(c) The district court magistrate shall have the power to hear and
determine such matters as may be assigned to the district court magistrate by
the chief judge all to the same effect as if done by a judge of the district
court, including but not limited to:
(1) Matters relating to the determination of, monitoring,
collection, and payment of restitution and court ordered fines, fees, and costs
or the ordering of community service in lieu of or in addition to the payment
of restitution, fines, fees, and costs, consistent with other provisions of the
general laws;
(2) Arraignments and pretrial motions in misdemeanor, petty
misdemeanor, violation, and ordinance cases and initial appearances and
probable cause hearings in felony cases;
(3) Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all
other bail matters pursuant to chapter 13 of title 12 and the rules of criminal
procedure, including but not limited to motions to modify bail, bail revocation
hearings, bail forfeiture hearings, and bail source hearings;
(4) All matters relating to fugitives from justice pursuant to
chapter 9 of title 12;
(5) Probation revocation hearings;
(6) All matters relating to small claims and consumer claims
pursuant to chapter 16 of title 10, including any pretrial motions including
motions relating to the special service of process, the entry of defaults and
default judgments, the trial of such cases and the entry of judgment after such
trials, and all matters relating to the enforcement of such judgments,
including but not limited to the ordering of installment payments and trustee
process; and
(7) Complaints for judicial review of the decision of an
administrative agency pursuant to chapter 35 of title 42 by making proposed
findings of fact and recommendations for the disposition of the complaints to a
judge of the court. Any party may object to any portion of the magistrate's
proposed findings and recommendations within ten (10) days after receipt of a
copy thereof. That party shall file with the clerk of the sixth division of the
district court and serve on all parties written objections which shall
specifically identify the portions of the proposed findings and recommendations
to which objection is made and the basis for the objection. A judge shall make
a de novo determination of those portions to which objection is made and may
accept, reject, or modify, in whole or in part, the findings or recommendations
made by the magistrate. Absent a timely objection filed in accordance with this
subdivision, the proposed prevailing party shall, upon expiration of the ten
(10) days following the service of the magistrate's proposed findings and
recommendations, submit a proposed order for signature of the judge to whom the
case has been assigned.
(8) All matters heard pursuant to chapter 8.2 of this title, in
the traffic tribunal.
(d) The magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts necessary or proper for the efficient
performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them, and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
fined or to order him or her imprisoned for not more than seventy-two (72)
hours, pending review by a judge of the court, for failure to appear in
response to a summons or for refusal to answer questions or produce evidence or
for behavior disrupting a proceeding or other contempt of his or her authority;
(7) To adjudicate a person in contempt and to order him or her
fined or to order him or her imprisoned for not more than seventy-two (72)
hours, pending review by a judge of the court, for failure to comply with a pending
order to provide payment or to perform any other act;
(8) To issue a capias and/or body attachment for the failure of a
party or witness to appear after having been properly served or given notice by
the court and, should the court not be in session, the person apprehended may
be detained at the adult correctional institution, if an adult, or at the Rhode
Island training school for youth, if a child, until the next session of the
court;
(9) To issue writs of habeas corpus to bring before him or her or
a judge of the court any person in jail or in prison to be examined as a
witness in a suit or proceeding, civil or criminal, pending before the court,
or whose presence is necessary as a party or otherwise necessary so that the
ends of justice may be attained, and for no other purpose; and
(10) To issue warrants of arrest and search warrants to the same
extent as an associate judge of the court.
(e) Except as otherwise indicated, a party aggrieved by an order
entered by the district court magistrate shall be entitled to a review of the
order, whether by appeal or otherwise, in the same manner as if taken from
an order issued by a judge of the court; except, that any person
aggrieved by an adjudication of contempt by the magistrate shall be entitled to
a review by a judge of the court within seventy-two (72) hours. The court
shall, by rules of procedure, establish procedures for review of contempt and
adjudications of the magistrate.
(f) The magistrate shall be:
(1) Governed by the commission on judicial tenure and discipline,
chapter 16 of this title, in the same manner as justices and judges;
(2) Subject to all provisions of the canons of judicial ethics;
(3) Subject to all criminal laws relative to judges by virtue of
sections 11-7-1 and 11-7-2.
(g) The provisions of this section shall be afforded liberal
construction.
8-8-16.2. District court clerk/magistrate. --
(a) Any person who is a member of the bar of Rhode Island may be appointed
district court clerk/magistrate by the chief judge in his or her capacity as
administrative head of the court, subject to the advice and consent of the
senate. The district court clerk/magistrate shall hold that office for a term
of ten (10) years and until a successor is appointed and qualified. Nothing
herein shall be construed to prohibit the assignment of the district court
clerk/magistrate to more than one such term, subject to the advice and consent
of the senate. The district court clerk/magistrate shall have the power to
hear and determine any matters that may be assigned to the district court
clerk/magistrate by the chief judge all to the same effect as if done by a
judge of the district court, including, but not limited to, matters relating to
the determination of, monitoring, collection and payment of restitution and
court ordered fines, fees and costs or the ordering of community service in
lieu of or in addition to the payment of restitution, fines, fees and costs,
consistent with other provisions of the general laws. The clerk/magistrate
may be assigned to hear and decide cases within the traffic tribunal.
(b) The clerk/magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts necessary or proper for the efficient
performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
fined or to order him or her imprisoned for not more than seventy-two (72)
hours, for failure to appear in response to a summons or for refusal to answer
questions or produce evidence or for behavior disrupting a proceeding or other
contempt of his or her authority; provided; however, that no such imprisonment
shall occur prior to review by a judge of the court.
(7) To adjudicate a person in contempt and to order him or her fined
or to order him or her imprisoned for not more than seventy-two (72) hours, for
failure to comply with a pending order to provide payment or to perform any
other act; provided, however, that no such imprisonment shall occur prior to
review by a judge of the court.
(8) To issue a capias and/or body attachment for the failure of a
party or witness to appear after having been properly served or given notice by
the court and, should the court not be in session, the person apprehended may
be detained at the adult correctional institutions, if an adult, or at the
Rhode Island training school for youth, if a child, until the next session of
the court;
(9) To issue writs of habeas corpus to bring before him or her or
a judge of the court any person in jail or in prison to be examined as a
witness in a suit or proceeding, civil or criminal, pending before the court,
or whose presence is necessary as a party or otherwise necessary so that the
ends of justice may be attained, and for no other purpose; and
(10) To issue warrants of arrest and search warrants to the same
extent as an associate judge of the court.
(c) Except as otherwise indicated, a party aggrieved by an order
entered by the district court clerk/magistrate shall be entitled to a review of
the order, whether by appeal or otherwise, in the same manner as if taken
from an order issued by a judge of the court; except, that any
person aggrieved by an adjudication of contempt by the district court
clerk/magistrate shall be entitled to a review by a judge of the court within
seventy-two (72) hours. The court shall, by rules of procedure, establish
procedures for review of contempt and adjudications of the clerk/magistrate.
(d) The district court clerk/magistrate shall:
(1) Be governed by the commission on judicial tenure and
discipline, pursuant to chapter 16 of this title, in the same manner as
justices and judges;
(2) Be subject to all provisions of the canons of judicial ethics;
(3) Be subject to all criminal laws relative to judges by virtue
of sections 11-7-1 and 11-7-2.
(4) Receive any salary that may be established by the
unclassified pay board, that may be established by the state court
administrator pursuant to section 8-15-4. The provisions of this section shall
be afforded liberal construction.
SECTION 8. Sections
8-8.2-1, 8-8.2-2, 8-8.2-3, 8-8.2-4, 8-8.2-5, 8-8.2-6, 8-8.2-9, 8-8.2-10 and
8-8.2-17 of the General Laws in Chapter 8-8.2 entitled "Traffic
tribunal" are hereby amended to read as follows:
8-8.2-1. Establishment -- Rule-making authority -- Adjudication of
violations. -- (a) There is hereby established a traffic tribunal which
shall be charged with the administration and adjudication of traffic violations
within its jurisdiction. The traffic tribunal shall be under the supervision of
the chief judge of the district court magistrate of the traffic
tribunal, who shall be the administrative head of the traffic tribunal and
shall have the power to make rules for regulating practice, procedure and business
within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be
subject to the approval of the supreme court. Such rules, when effective, shall
supersede any statutory regulation in conflict therewith. Any person who has
been a member of the bar of Rhode Island may be appointed chief magistrate of
the traffic tribunal. The chief magistrate of the traffic tribunal shall be
appointed by the chief justice of the supreme court, with the advice and
consent of the senate, for a period of ten (10) years and until a successor is
appointed and qualified. Nothing contained herein shall be construed to
prohibit the reappointment of the chief magistrate for one or more ten (10)
year terms subject to the advice and consent of the senate. Compensation for the
chief magistrate shall be equal to that of an associate judge of the district
court.
(b) The judges and magistrates of the traffic tribunal shall hear
and determine cases as provided by law. No district court judge appointed
pursuant to chapter 8 of this title shall be assigned to perform duties of a
judge or magistrate of the traffic tribunal under this chapter. The chief
judge of the district court shall serve as the chief judge of the traffic
tribunal. The chief judge magistrate of the district court
traffic tribunal may appoint a judge or magistrate who is authorized to
hear and decide cases in the traffic tribunal to serve as administrative judge
or magistrate of the traffic tribunal and the administrative or judge
magistrate shall perform such administrative duties as may be delegated to him
or her by the chief judge magistrate.
(c)(i) Those judges of the administrative adjudication
court in active service on July 1, 1999 shall serve within the traffic
tribunal. Whenever the total number of judges and magistrates in the traffic
tribunal shall be less than seven (7), the chief judge magistrate
of the district court traffic tribunal, with the advice and
consent of the senate, may, as needed, assign a duly qualified member of the
bar of this state to act as a magistrate to fill such vacancy and shall submit
his or her name to the senate for confirmation; provided, however, that in the event of a vacancy in
the position of chief magistrate, the chief justice of the supreme court shall
appoint a successor in accordance with subsection 8-8.2-1(a). Any
magistrate assigned under this section shall serve a term of eight (8) ten
(10) years and until a successor is appointed and qualified, and
shall be in the unclassified service of the state. Nothing herein shall be
construed to prohibit the assignment of a magistrate to more than one such
term, subject to the advice and consent of the senate. Compensation for any
such magistrate shall be determined by the unclassified pay plan board determined
by the chief magistrate of the traffic tribunal subject to appropriation by the
general assembly but in no event shall the compensation be equal to or more
than that of an associate judge of the district court. Magistrates of the
traffic tribunal shall participate in the state retirement system in the same
manner as all members of the unclassified service.
(ii) If any judge of the
traffic tribunal shall retire, or a vacancy becomes available through death,
disability or any other reason, the position shall be filled by a magistrate
consistent with the provisions of this section.
(d) Each judge and magistrate of the traffic tribunal shall devote
full time to his or her judicial duties, except as may be otherwise provided by
law. He or she shall not practice law while holding office, nor shall he or she
be a partner or associate of any person in the practice of law.
(e) Judges and magistrates of the traffic tribunal shall be
subject to the provisions of R.I. Const. Art. XI; to the code of judicial
conduct or successor code promulgated by the supreme court of this state, to
the jurisdiction of the Commission on Judicial Tenure and Discipline in
accordance with chapter 16 of this title; and to the administrative authority
and control of the chief justice of the supreme court in accordance with
chapter 15 of this title, except that section 8-15-3 and 8-15-3.1 shall
not apply to judges and/or magistrates of the traffic tribunal.
(f) The traffic tribunal shall be a tribunal of record and shall
have a seal with such words and devices as it shall adopt.
(g) Judges and magistrates of the traffic tribunal shall have the
power to administer oaths and affirmations.
(h) Administrative/supervisory officials. - (1) There shall be an
assistant to the administrative judge or magistrate of the traffic
tribunal who shall be appointed by and serve at the pleasure of the chief judge
magistrate and who shall perform such clerical and administrative duties
as may be assigned to him or her by the chief judge of the district court
magistrate of the traffic tribunal and the administrative judge or
magistrate of the traffic tribunal. The assistant to the administrative judge
or magistrate shall have the power to administer oaths and affirmations within
the state.
(2) There shall be a clerk of the traffic tribunal who shall be
appointed by and serve at the pleasure of the chief judge of the district
court magistrate of the traffic tribunal; provided, however, that,
effective July 1, 1999, the first clerk of the traffic tribunal shall be that
person holding the position of administrator/clerk of the administrative
adjudication court as of May 1, 1998, and that person shall hold office for the
balance of a term of twelve (12) years which began on September 1, 1992,
without the necessity of appointment by the governor or advice and consent of
the senate. The clerk of the traffic tribunal shall exercise his or her
functions under the direction and control of the chief judge magistrate
of the district court traffic tribunal and the administrative
judge or magistrate or of the traffic tribunal. The clerk of the
traffic tribunal shall have the power to administer oaths and affirmations
within the state.
(i) Clerical Personnel/Court Recorders. - (1) The chief judge
of the district court magistrate of the traffic tribunal shall
appoint deputy clerks and assistance clerks for the traffic tribunal to serve
at his or her pleasure. All such clerks may administer oaths and affirmations
within the state.
(2) The chief judge of the district court magistrate of
the traffic tribunal shall appoint sufficient court recorders to enable all
proceedings to be recorded by electronic means and who shall assist in such
other clerical duties as may be prescribed from time to time by the chief judge
of the district court magistrate
of the traffic tribunal.
(3) The chief judge of the district court magistrate of
the traffic tribunal shall employ such clerical assistants in addition to
deputy clerks as may be required in the traffic tribunal to perform clerical
duties.
8-8.2-2. Jurisdiction. -- (a) Notwithstanding any
inconsistent provision of law, all probationary license hearings as provided in
section 31-10-26, all violations of the department of transportation,
department of environmental management or board of governors for higher
education regulations regarding parking, standing, or stopping in areas under
the jurisdiction of said agencies, all violations of state statutes relating to
motor vehicles, littering and traffic offenses, except those traffic offenses
committed in places within the exclusive jurisdiction of the United States, and
except driving so as to endanger resulting in death, driving so as to endanger
resulting in personal injury, driving while under the influence of liquor or
drugs, driving while under the influence of liquor or drugs resulting in death,
driving while under the influence of liquor or drugs resulting in serious
bodily injury, reckless driving and other offenses against public safety as
provided in section 31-27-4, eluding a law enforcement officer with a motor
vehicle in a high speed pursuit, driving after denial, suspension or revocation
of license, and leaving the scene of an accident in violation of section
31-26-1 and section 31-26-2, and driving without the consent of the owner and
possession of a stolen motor vehicle in violation of section 31-9-1 and section
31-9-2, shall be heard and determined by the traffic tribunal pursuant to the
regulations promulgated by the chief judge of the district court magistrate
of the traffic tribunal; provided, however, the traffic tribunal shall not
hear any parking, standing or stopping violations which occur in any city or
town which has established its own municipal court and has jurisdiction over
such violations. Nothing contained herein shall abrogate the powers of the
Rhode Island family court under the provisions of chapter 1 of title 14.
(b) Notwithstanding any inconsistent provision of law, the traffic
tribunal shall have concurrent jurisdiction to hear and determine, pursuant to
rules and regulations promulgated by the chief judge of the district court
magistrate of the traffic tribunal, all violations of any ordinances,
rules and regulations governing the public waters and the speed, management and
control of all vessels and the size, type and location and use of all
anchorages and moorings within the jurisdiction of the towns of North
Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton
enforced and supervised by the harbormaster and referred to the traffic
tribunal, and the terms "traffic violations" and "traffic
infraction" when used in this chapter shall include the aforesaid
violations and such violations shall be adjudicated in accordance with the
provisions of this chapter. Nothing contained herein shall abrogate the powers
of the Rhode Island coastal management council under the provisions of chapter
23 of title 46.
8-8.2-3. Collection authority -- Contempt. --
(a) A judge or magistrate shall have the authority to enforce the judgments of
the tribunal as authorized by law. The procedure for the collection of costs
and fines shall generally follow the course of the collection of civil
judgments pursuant to chapters 17 and 28 of title 9 to the extent applicable. A
judge or magistrate shall not issue a body attachment for any judgment entered
prior to the effective date of this section. All peace officers authorized by
the law shall exercise the powers of a constable for purposes of making service
of any writ or notice issued by the traffic tribunal pursuant to this
collection procedure, including the execution of a body attachment. In the
event that a body attachment is executed, the detainee must be brought before a
judge or magistrate, or if the traffic tribunal is not in session before a
justice of the peace authorized pursuant to section 12-10-2 immediately upon
detention or as soon thereafter as is reasonably practicable. The amount of
fees and fines due to the traffic tribunal shall be noted on a body attachment
issued pursuant to this procedure, and a justice of the peace shall accept said
monies and order the release of the detainee if the amount due is tendered. If
the detainee claims an inability to pay the full amount due, the justice of the
peace shall order the release of the detainee pursuant to reasonable bail. The
chief judge of the district court magistrate of the traffic tribunal
shall issue rules and regulations for the collection process consistent with
this section.
(b) A judge or magistrate of the traffic tribunal may adjudicate a
person in willful contempt and order him or her fined up to a maximum of five
hundred dollars ($500) for each separate offense. Provided further that, if the
judge or magistrate determines that the person is unable to pay the fine or
judgment, he or she may order partial payments or establish a payment schedule
for the payment of the fine or judgment.
8-8.2-4. Subpoena. -- (a) The traffic tribunal
through its judges, magistrates and clerks is hereby authorized and empowered
to summon defendants and issue subpoenas to the same extent as they may be
issued by the district court in civil cases in such forms as may be prescribed
by rules promulgated by the chief judge of the district magistrate of
the traffic tribunal pursuant to section 8-6-2.
(b) Notaries public and justices of the peace may issue subpoenas
returnable before the traffic tribunal to the same extent that they are
authorized to do so in civil cases pending before the district court.
8-8.2-5. Security officers -- Powers. --
(a) All full time security officers employed by the traffic tribunal shall have
the same immunities and may exercise all powers of sheriffs, city and town
police officers, and constables when the security officers are enforcing the
laws of this state, and all rules and regulations of the traffic tribunal upon
the lands and buildings owned or occupied by the traffic tribunal upon streets
and highways immediately adjacent to those lands or when in attendance with a
judge or magistrate.
(b) All security officers shall be required to attend the Rhode
Island municipal police academy for a period of forty (40) hours for the
purpose of training in law enforcement.
(c) When any person is suspected of having committed a felony the
superintendent of state police shall be notified following the suspected
felon's arrest.
(d) When acting as a constable with the authorization of the Chief
Judge Magistrate, he or she may exercise all powers under Rhode
Island sections 8-8-12(10) and 8-8-23.
8-8.2-6. Retirement of judges on reduced pay. -- (a)
Whenever any person engaged as a judge on or before July 2, 1997, has served as
a judge of the administrative adjudication court or as a judge of the
administrative adjudication court who is reassigned by this chapter to the
traffic tribunal for twenty (20) years, or has so served for ten (10) years and
has reached the age of sixty five (65) years, the judge may retire from active
service and, thereafter, the judge shall receive annually during life a sum
equal to three fourths (3/4) of the annual salary that the judge was receiving
at the time of retirement; provided, however, any person who has served for
twenty (20) years and has reached the age of sixty five (65) years, or has so
served for fifteen (15) years and reached the age of seventy (70) years, may
retired from active service and, thereafter, the judge shall receive annually
during his or her life a sum equal to the annual salary he or she was receiving
at the time of his or her retirement. In determining eligibility under this
section, any judge who has served within the judiciary or as a hearing officer
or administrative law judge, may include such service as if the service had
been on the administrative adjudication court and shall be included under the
provisions of section 36-9-5.
(b) Any judge who shall retire in accordance with the provisions
of this section may at his or her request, and at the direction of the chief
justice of the supreme court subject to the retiree's physical and mental
competence, be assigned to perform such services as a judge or magistrate in
the traffic tribunal as the chief judge of the district court magistrate
of the traffic tribunal or the chief justice shall prescribe. When so
assigned and performing that service, he or she shall have all the powers and
authority of a judge or magistrate. A retired judge shall not be counted in the
number of magistrates provided by law for the traffic tribunal nor shall he or
she receive any further emolument other than his or her retirement pay for the
performance of the aforesaid services.
8-8.2-9. Retirement of judges on reduced pay. --
(a) Whenever any person first engaged as a judge subsequent to July 2, 1997,
has served as a judge of the administrative adjudication court or as a judge of
the administrative adjudication court who is reassigned by this chapter to the
traffic tribunal for twenty (20) years, or has so served for ten (10) years and
has reached the age of sixty five (65) years, the judge may retire from active
service and, thereafter, the judge shall receive annually during life a sum
equal to three fourths (3/4) of his or her average highest three (3)
consecutive years of compensation; provided, however any such person who has
served twenty (20) years and has reached the age sixty five (65) or has served
fifteen (15) years and has reached the age of seventy (70) years, may retire
from active service and, thereafter, the judge shall receive annually during
life a sum equal to his or her average highest three (3) consecutive years of
compensation. In determining eligibility under this section, any judge who has
served within the judiciary or as a hearing officer or administrative law
judge, may include such service as if the service had been on the
administrative adjudication court and shall be included under the provision of
section 36-9-5.
(b) Any judge who shall retire in accordance with the provisions
of this section may at his or her own request, and at the direction of the
chief justice of the supreme court subject to the retiree's physical and mental
competence, be assigned to perform such services as a magistrate in the traffic
tribunal as the chief judge magistrate or chief justice shall
prescribe. When so assigned and performing that service, he or she shall have
all the powers and authority of a magistrate. A retired judge shall not be
counted in the number of magistrates provided by law for the division of
traffic adjudication nor shall he or she receive any further emolument other
than his or her retirement pay for the performance of the aforesaid services.
8-8.2-10. No incremental retirement benefit for temporary service as
chief justice, presiding justice or chief judge. No incremental retirement benefit for
temporary service as chief justice, presiding justice or chief judge or chief
magistrate. -- No increment in
salary resulting from the application of personnel rule 4.0217 or any other or
successor rule or regulation providing for an increment in salary for temporary
service as chief justice, presiding justice or chief judge magistrate
shall be construed to add to the annual salary of a judicial officer for
purposes of retirement under section 8-8.2-6 or section 8-8.2-9.
8-8.2-17. Continued service. --
Any person appointed as magistrate of the traffic tribunal pursuant to the provisions
of P.L. 1998. ch. 91, article 2, shall continue to serve in such capacity in
the traffic tribunal for a term of eight (8) years from the date of his or her
appointment and shall be governed by the provisions of section 8-8.2-1, as
enumerated in article 4 of this act and as amended.
SECTION 9. Sections
8-10-3, 8-10-3.1 and 8-10-3.2 of the General Laws in Chapter 8-10 entitled
"Family Court" are hereby amended to read as follows:
8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. Establishment of court Jurisdiction
Seal Oaths. -- (a) There is hereby established a
family court, consisting of a chief judge and eleven (11) associate justices,
to hear and determine all petitions for divorce from the bond of marriage and
from bed and board; all motions for allowance, alimony, support and custody of
children, allowance of counsel and witness fees, and other matters arising out
of petitions and motions relative to real and personal property in aid thereof,
including, but not limited to, partitions, accountings, receiverships,
sequestration of assets, resulting and constructive trust, impressions of
trust, and such other equitable matters arising out of the family relationship,
wherein jurisdiction is acquired by the court by the filing of petitions for
divorce, bed and board and separate maintenance; all motions for allowance for
support and educational costs of children attending high school at the time of
their eighteenth (18th) birthday and up to ninety (90) days after high school
graduation, but in no case beyond their nineteenth (19th) birthday; enforcement
of any order or decree granting alimony and/or child support, and/or custody
and/or visitation of any court of competent jurisdiction of another state;
modification of any order or decree granting alimony and/or custody and/or
visitation of any court of competent jurisdiction of another state on the
ground that there has been a change of circumstances; modification of any order
or decree granting child support of any court of competent jurisdiction of
another state provided: (1) the order has been registered in Rhode Island for
the purposes of modification pursuant to section 15-23.1-611, or (2) Rhode
Island issued the order and has continuing exclusive jurisdiction over the
parties; antenuptial agreements, property settlement agreements and all other
contracts between persons, who at the time of execution of the contracts, were
husband and wife or planned to enter into that relationship; complaints for
support of parents and children; those matters relating to delinquent, wayward,
dependent, neglected, or children with disabilities who by reason of any
disability requires special education or treatment and other related services;
to hear and determine all petitions for guardianship of any child who has been
placed in the care, custody, and control of the department for children, youth,
and families pursuant to the provisions of chapter 1 of title 14 and chapter 11
of title 40; adoption of children under eighteen (18) years of age; change of
names of children under the age of eighteen (18) years; paternity of children
born out of wedlock and provision for the support and disposition of such
children or their mothers; child marriages; those matters referred to the court
in accordance with the provisions of section 14-1-28; those matters relating to
adults who shall be involved with paternity of children born out of wedlock;
responsibility for or contributing to the delinquency, waywardness, or neglect
of children under sixteen (16) years of age; desertion, abandonment, or failure
to provide subsistence for any children dependent upon such adults for support;
neglect to send any child to school as required by law; bastardy proceedings
and custody to children in proceedings, whether or not supported by petitions
for divorce or separate maintenance or for relief without commencement of
divorce proceedings; and appeals of administrative decisions concerning setoff
of income tax refunds for past due child support in accordance with sections
44-30.1-5 and 40-6-21. The holding of real estate as tenants by the entirety
shall not in and of itself preclude the family court from partitioning real
estate so held for a period of six (6) months after the entry of final decree
of divorce.
(b) The family court shall be a court of record and shall have a
seal which shall contain such words and devices as the court shall adopt.
(c) The judges and clerk of the family court shall have power to
administer oaths and affirmations.
(d) The chief judge of the family court is hereby empowered to
appoint experienced members of the Rhode Island bar as masters for the purpose
of assisting the family court in matters pertaining to delinquent support
payments and the taking of testimony in conducting all hearings relative to
responsible persons who are not living up to their support obligations. The
chief judge of the family court is also authorized to appoint masters in
related matters pertaining to the collection of delinquent support payments
from these responsible persons.
(e) (d)
The family court shall have exclusive initial jurisdiction of all appeals from
any administrative agency or board affecting or concerning children under the
age of eighteen (18) years and appeals of administrative decisions concerning
setoff of income tax refunds, lottery set offs, insurance intercept, and lien
enforcement provisions for past due child support, in accordance with sections
44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the
department of human services to withhold income under chapter 16 of title 15.
(f) (e) The family court shall have jurisdiction
over those civil matters relating to the enforcement of laws regulating child
care providers and child placing agencies.
(g) (f) The family court shall have exclusive
jurisdiction of matters relating to the revocation or nonrenewal of a license
of an obligor due to noncompliance with a court order of support, in accordance
with chapter 11.1 of title 15.
[See section 12-1-15 of the General Laws.]
8-10-3.1. Magistrates -- Appointment, duties, and powers. --
(a) The chief judge of the family court may appoint magistrates, with
the advice and consent of the senate, to assist the court in the conduct of
its business. A person appointed to serve as a magistrate shall be a member of
the bar of Rhode Island. The powers and duties of magistrates shall be
prescribed in the order appointing them.
(b) In addition, the chief judge of the family court may appoint
magistrates to assist the court in the enforcement and implementation of
chapter 23.1 of title 15, and to assist the family court in matters pertaining
to hearings in accordance with section8-10-4, chapter 1 of title 14, chapter 8
of title 15, chapter 11 of title 40, and chapter 5 of title 40.1. The
magistrate will be empowered to hear all motions, pretrial conferences,
arraignments of juvenile offenders, probable cause hearings, and review of all
such matters, including but not limited to, the temporary placement, custody,
disposition and adoption of children, and the taking of testimony in conducting
all hearings relative thereto.
(c) The magistrates shall serve at the pleasure of the
chief judge a term of ten (10) years and until a successor is
appointed and qualified and his or her powers and duties shall be
prescribed in the order appointing him or her or in the rules of procedure of
the family court. Nothing herein shall be construed to prohibit the
assignment of a magistrate to more than one such term, subject to the advice
and consent of the senate. The special magistrates may be
authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts and take all measures necessary or proper for
the efficient performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them, and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the court, for failure to appear in response to a summons or for refusal
to answer questions or produce evidence or for behavior disrupting a
proceeding;
(7) To adjudicate a party in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the court, for failure to comply with a pending order to provide
support or to perform any other act; and
(8) To issue a capias and/or body attachment upon the failure of a
party or witness to appear after having been properly served and, should the
family court not be in session, the person apprehended may be detained at the
adult correctional institution, if an adult, or at the Rhode Island training
school for youth, if a child, until the next session of the family court.
(d) A party aggrieved by an order entered by a magistrate shall be
entitled to a review of the order by a justice of the family court. Unless
otherwise provided in the rules of procedure of the family court, such review
shall be on the record and appellate in nature. The family court shall by rules
of procedure establish procedures for review of orders entered by a magistrate,
and for enforcement of contempt adjudications of a magistrate.
(e) Final orders of the family court entered in a proceeding to
review an order of a magistrate may be appealed to the supreme court.
(f) The magistrates shall be empowered to hear de novo all
applications for income withholding pursuant to chapter 16 of title 15 and
appeals of administrative agency orders of the department of human services to
withhold income under chapter 16 of title 15.
(g) The magistrates shall be empowered to hear all matters
relating to the revocation or nonrenewal of a license of an obligor due to
non-compliance with a court order of support, in accordance with chapter 11.1
of title 15.
(h) The magistrates may be authorized by the chief judge to hear
those matters on the domestic abuse prevention calendar and the nominal
calendar.
[See section12-1-15 of the General Laws.]
8-10-3.2. General magistrate of the family court. --
(a) There is hereby created within the family court the position of general
magistrate of the family court who shall be appointed by the governor chief
judge of the family court with the advice and consent of the senate for a life
term of ten (10) years and until a successor is appointed and qualified.
Nothing herein shall be construed to prohibit the assignment of the general
magistrate to more than one such term, subject to the advice and consent of the
senate.
(b) The general magistrate shall be an attorney at law and a
member in good standing of the Rhode Island bar. with a minimum of
ten (10) years experience as a general magistrate in the Rhode Island family
court.
(c) The primary function of the general magistrate shall be the
enforcement of child support decrees, orders, and law relative to child
support. The general magistrate shall have all the authority and powers vested
in magistrates by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-15-21,
9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any other authority conferred upon
magistrates by any general or public law or by any rule of procedure or
practice of any court within the state.
(d) The chief justice of the supreme court with the agreement of
the chief judge of the family court may specially assign the general magistrate
to perform judicial duties within any court of the unified judicial
system in the same manner as a judge may be assigned pursuant to chapter 15
of this title; provided, however, that the general magistrate may be
assigned to the superior court subject to the prior approval of the presiding
justice of the superior court. When the general magistrate is so assigned he or
she shall be vested, authorized, and empowered with all the powers belonging to
the justices magistrates of the court to which he or she is
specially assigned.
(e) The general magistrate shall:
(1) Receive all credits and retirement allowances as afforded
justices under chapter 3 of this title and any other applicable law;
(2) Be governed by the commission on judicial tenure and discipline,
chapter 16 of this title, in the same manner as justices and workers'
compensation judges;
(3) Be entitled to a special license plate under section 31-3-47;
(4) Receive a salary equivalent to that of a district court judge and
shall be subject to the unclassified pay plan board;
(5) Be subject to all the provisions of the canons of judicial
ethics; and
(6) Be subject to all criminal laws relative to judges by virtue
of sections 11-7-1 and 11-7-2.
(f) The provisions of this section shall be afforded liberal
construction.
SECTION 10.
Section 8-15-3.1 of the General Laws in Chapter 8-15 entitled "Court
Administration" is hereby amended to read as follows:
8-15-3.1. Chief justice -- Power to assign judges. Chief justice Power to assign magistrates.
-- The Chief justice of the supreme court has the power to
assign any magistrate of the superior court, family court, and/or district
court to any court of the unified judicial system with the consent of the
presiding justice and/or chief judge of the relevant courts. in the
same manner as a judge may be assigned pursuant to chapter 15 of this title. When
a magistrate is so assigned, he or she shall be vested, authorized, and
empowered with all the powers belonging to the justices and/or magistrates
of the court to which he or she is specially assigned.
SECTION
11. The general assembly hereby requires the governor to submit, as part of his
FY 2009 budget, necessary legislation to create a department of advocacy, with
an effective date of no sooner than July 1, 2008, and no later than January 1,
2009.
The
governor shall consult with the child advocate, mental health advocate,
commission on deaf and hard of hearing, development disabilities council, and
the commission on disabilities in developing the department.
The
department shall include the child advocate, mental health advocate, commission
on deaf and hard of hearing, developmental disabilities council, and the
commission on disabilities.
The
governor with advice and consent of the senate shall appoint the child advocate
and the mental health advocate, as detailed in existing statutes. All agencies
combined into this new department shall maintain existing duties as set forth
in current law.
The
department shall consolidate communications, and overhead expenditures.
SECTION
12. Public
Law 1997, Chapter 30, Article 25, Section 1 is hereby deleted in its entirety.
SECTION
1. There is hereby created a Program to be known as the Boards for Design
Professionals, hereafter referred to as the "Program".
(a)
The Program shall consist of the board of registration for professional
engineers, board of registration for professional land surveyors, board of
examination and registration of architects, and board of examiners of landscape
architects.
(b)
The purpose of the Program is to combine the resources of the four (4) boards
within the Program in a cooperative venture to provide for more efficient
operations.
(c)
The boards shall retain their respective statutory authority pursuant to
sections 5-1-5, 5-51-2, 5-8-8, and 5-8.1-4 of the general laws and any other
applicable legal authority, notwithstanding their inclusion in the Program
created by this article.
SECTION
13. (a) There shall be created within the department of business regulation, no
later than January 1, 2008, a division to be known as the division of design
professionals.
(1) The
division shall consist of the membership of the board of registration for
professional engineers, board of professional land surveyors, board of
examination and registration of architects, and the board of examiners of
landscape architects.
(2) The
purpose of the division is to combine the four (4) boards into a single
division to provide for more efficient operation.
(3) The
boards shall retain their respective statutory authority pursuant to sections
5-1-5, 5-8-8, 5-8.1-4 and 5-51-2 of the general laws and any other applicable
legal authority notwithstanding their inclusion in the division created by this
article.
(4) The
department of business regulation shall provide suitable and adequate space for
the division.
(5) The
division shall consist of members of each board as presently constituted;
provided, however, that each board shall be entitled to cast two (2) votes
regardless of the number of members of each board. The governor shall appoint a
chairman of the division from a member of one of the boards for a period of
five (5) years. The governor's choice of chairman for each five (5) year
successive period shall rotate among the members of the remaining boards so
that a member of each board shall serve as chairman once every fourth
successive period. There shall be no compensation for the members and the
chairman of the division.
(6)
There shall be no new appointments to any of the boards until such time as it
is necessary to maintain the membership of each board at two (2) members.
SECTION
14. The general assembly hereby requires the governor to submit as part of his
FY 2009 budget necessary recommended legislation to create a department of
public safety, with an effective date no sooner than July 1, 2008 and no later
than January 1, 2009. The director of the department shall be the
superintendent of the state police who shall be appointed by the governor with
the advice and consent of the senate.
The
department shall include the state police, E-911 emergency telephone system
division, the state fire marshal who shall be appointed by the governor with
the advice and consent of the senate, fire safety code board of appeal and review,
justice commission, municipal police training academy, sheriffs and capital
police.
The
department shall consolidate communications, training facilities and training
among the divisions.
SECTION
15. Sections 11-47-17 and 11-47-17.1 of the General Laws in
Chapter 11-47 entitled Weapons are hereby amended to read as follows:
11-47-17. Qualifications required of law enforcement officers appointed
after June 17, 1959. Except as provided in § 11-47-15.3,
all law enforcement officers of this state and its political subdivisions whose
permanent appointment shall take place after June 17, 1959, will be required to
qualify with the pistol or revolver with which they are armed prior to their
permanent appointment, that qualification to be the same as that required in §
11-47-15. Constables, special officers, and all law enforcement officers who by
law are authorized to carry side-arms and whose appointments are made on a
recurring basis will be required to qualify not later than one year following
the date of enactment of this section, and their commissions or warrants will
be plainly marked or stamped "QUALIFIED WITH PISTOL OR REVOLVER" and
will be signed and dated by the certifying authority attesting to that fact.
The failure of any law enforcement officer to qualify under the provisions of
this section revokes his or her privilege of carrying a pistol or revolver,
whether concealed or not, on or about his or her person. All law enforcement
officers of this state and its political subdivisions will repeat this
qualification at periods of not more than one year, except for correctional
officers who must repeat this qualification every two (2) years.
11-47-17.1. Mandatory or discretionary nature of § 11-47-15.1
requirements Qualification reports to be filed. (a) All law enforcement officers of
this state and its political subdivisions, whose permanent appointment shall
take place later than June 6, 1970, shall be required to qualify with the
pistol or revolver with which they are armed prior to their permanent
appointment, that qualification to be as required in §§ 11-47-15.1 and
11-47-15.3. All permanent appointed law enforcement officers of this state and
its political subdivisions who are required to qualify under § 11-47-17 may, at
the discretion of the officer, qualify under either § 11-47-15, 11-47-15.1 or
11-47-15.3. The failure of any law enforcement officer to qualify under the
provisions of this section revokes his or her privilege of carrying a pistol or
revolver, whether concealed or not, on or about his or her person.
Qualification under this section will be required at periods of not more than
one year, except for correctional officers who must repeat this
qualification every two (2) years.
(b) Copies of all of the
qualification reports shall be filed with the office of the attorney general.
SECTION 16.
Section 8 of this article shall take effect August 1, 2007. The remainder of
this article shall take effect upon passage.
ARTICLE 4 SUBSTITUTE A AS AMENDED
RELATING TO E-911 EMERGENCY TELEPHONE
SYSTEM
SECTION 1. Section
39-1-62 of the General Laws in Chapter 39-1 entitled Public Utilities
Commission is hereby amended to read as follows:
39-1-62. E-911 Geographic Information System (GIS) and Technology
Fund. [Repealed effective June 30, 2007.]. (a) Preamble. To allow the
Rhode Island E-911 Emergency Telephone System agency to associate latitude and
longitude coordinates provided by wireless carriers with physical locations
throughout the state, the agency must establish and maintain a GIS database of
street addresses and landmarks. The database will allow local emergency
response personnel to dispatch police, fire and rescue personnel to a specific
address or landmark of a cellular caller in the event the caller is unaware of
his or her location, or is physically unable to communicate it. Because more
than half of the 530,000 9-1-1 phone calls received in 2003 came from cellular
phones, it is critical that the GIS database be developed and maintained in
order to improve caller location identification and reduce emergency personnel
response times.
(b) Definitions. As used in this section,
the following terms have the following meanings:
(1) "System" means Emergency 911
Uniform Telephone System.
(2) "Agency" means Rhode Island
911 Emergency Telephone System.
(3) "Division" means the
Division of Public Utilities and Carriers.
(4) "GIS and Technology Fund"
means the programs and funding made available to the Emergency 911 Uniform
Telephone System to assist in paying the costs of the GIS database development
project and GIS systems maintenance, which will enable the system to locate
cellular phone callers by geocoding all addresses and landmarks in cities and
towns throughout the state. It GIS and Technology Fund also includes
programs and funding to create system redundancy, fund the
construction of a new E-911 facility, and operate and maintain other
state-of-the-art equipment technology in public safety agencies.
(c) Purpose. The purpose of the GIS and Technology
Fund shall be to:
(1) Implement and maintain a geographic
information system database to assist in locating wireless phone callers for
emergency purposes in a manner consistent and in coordination with the Rhode
Island geographic information system administered by the Division of Planning
as provided for in § 42-11-10(g)(3); and
(2) Create system redundancy to ensure the reliability of
9-1-1 service to the public; and
(3) Operate and Mmaintain other
state-of-the-art equipment technology in public safety agencies; and.
(4) Fund the construction of a new E-911 facility.
(d) Authority. The agency shall establish, by rule or
regulation, an appropriate funding mechanism to recover from the general body
of ratepayers the costs of funding GIS and technology projects.
(1) The general assembly shall determine the amount of a
monthly surcharge to be levied upon each wireless instrument, device or means
including prepaid, cellular, telephony, Internet, Voice Over Internet Protocol
(VoIP), satellite, computer, radio, communication, data, or any other wireless
instrument, device or means that has access to, connects with, interfaces with
or is capable of delivering two-way interactive communications services to the
Rhode Island E-911 Uniform Emergency Telephone System. The agency will provide
the general assembly with information and recommendations regarding the
necessary level of funding to effectuate the purposes of this article. The
surcharge shall be billed monthly by each wireless telecommunications services
provider as defined in § 39-21.1-3 and shall be payable to the wireless
telecommunications services provider by the subscriber or prepaid service
customer of the telecommunications services. Each telecommunication services
provider shall establish a special (escrow) account to which it shall deposit
on a monthly basis the amounts collected as a surcharge under this section. The
money collected by each wireless telecommunication services provider shall be
transferred within sixty (60) days after its inception of wireless, prepaid,
cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer,
Internet, or communications, information or data services in this state and
every month thereafter. Any money not transferred in accordance with this
paragraph shall be assessed interest at eight percent (8%) per annum at
the rate set forth in section 44-1-7 from the date the money should have
been transferred. State, local and quasi-governmental agencies shall be exempt
from the surcharge. The surcharge shall be deposited in a restricted
receipt account, hereby created within the agency and known as the GIS and
Technology Fund, to pay any and all costs associated with the provisions of
subsection (c). Beginning July 1, 2007, the surcharge shall be deposited in
the general fund as general revenues to pay any and all costs associated with
the provisions of subsection (c). The GIS and Technology Fund restricted
receipt account shall be terminated June 30, 2008. The amount of the
surcharge under this section shall not exceed thirty-five cents ($.35) per
wireless phone.
(2) The surcharge is hereby determined to be twenty-six
cents ($.26) per wireless phone, prepaid, cellular, telephony, Voice Over
Internet Protocol (VoIP), satellite, computer, data or data only wireless lines
or Internet communication or data instrument, device or means which has access
to, connects with, activates or interfaces with or any combination of the above
with the Rhode Island E-911 Uniform Emergency Telephone System per month and
shall be in addition to the wireless surcharge charged under § 39-21.1-14. The
twenty-six cents ($.26) is to be billed to all wireless telecommunication
service providers, subscribers or prepaid service customers upon the inception
of services.
(3) The amount of the surcharge shall not be subject to the
sales and use tax imposed under chapter 18 of title 44 nor be included within
the gross earnings of the telecommunications corporation providing
telecommunications service for the purpose of computing the tax under chapter
13 of title 44.
(4) With respect to prepaid wireless
telecommunication service providers and customers, and notwithstanding anything
to the contrary contained in this section, the surcharge shall be collected and
remitted to the division of taxation by the prepaid wireless telecommunication
service provider under one of three (3) methods:
(i) The prepaid
wireless telecommunication service provider shall collect the surcharge, on a
monthly basis, from each active prepaid wireless telecommunication service
customer whose account balance is equal to or greater than the amount of the
service charge; or
(ii) The prepaid
wireless telecommunication service provider shall collect the surcharge, on a
monthly basis, at the point of sale; or
(iii) The prepaid wireless
telecommunication service provider shall divide the total earned prepaid
wireless telephone revenue received by the prepaid wireless telecommunication
service provider within the monthly reporting period by fifty dollars ($50.00),
and multiply the quotient by the amount of the surcharge.
The surcharge amount or an equivalent
number of air-time minutes may be reduced from a prepaid wireless
telecommunication service customer's account when direct billing is not
possible.
(e) Administration. The division of
taxation shall collect monthly from the wireless telecommunications service
providers as defined in § 39-21.1-3 the amounts of the surcharge collected from
their subscribers or prepaid customers. The division of taxation shall deposit
such collections in an account maintained and administered by the Rhode
Island 911 Emergency Telephone System in the general fund as general
revenues for use in developing and maintaining the geographic information
system database, creating system redundancy, funding the construction of a
new E-911 facility and improving operating and maintaining other
state-of-the-art equipment technology for public safety agencies.
The agency is further authorized and encouraged to seek matching funds from all
local, state, and federal public or private entities and shall coordinate its
activities and share all information with the state Division of Planning.
(f) Effective date. The effective date of assessment for the
GIS and Technology Fund shall be July 1, 2004.
(g) Nothing in this section shall be construed to constitute
rate regulation of wireless communications services carriers, nor shall this
section be construed to prohibit wireless communications services carriers from
charging subscribers for any wireless service or feature.
(h) Except as otherwise provided by law, the agency shall
not use, disclose or otherwise make available call location information for any
purpose other than as specified in subsection (c).
(i) The attorney general shall, at the request of the E-911
uniform emergency telephone system division, or any other agency that may
replace it, or on its own initiative, commence judicial proceedings in the
superior court against any telecommunication services provider as defined in §
39-21.1-3(11) providing communication services to enforce the provisions of
this chapter.
SECTION 2.
Sections 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911
Emergency Telephone Number Act" are hereby amended to read as follows:
39-21.1-14. Funding. -- (a) A monthly surcharge of
one dollar ($1.00) is hereby levied upon each residence and business telephone
line or trunk or path and data, telephony, Internet, Voice Over Internet
Protocol (VoIP) wireline, line, trunk or path in the state including PBX trunks
and centrex equivalent trunks and each line or trunk serving, and upon each
user interface number or extension number or similarly identifiable line,
trunk, or path to or from a digital network (such as, but not exclusive of, integrated
services digital network (ISDN), Flexpath or comparable digital private branch
exchange, or connecting to or from a customer-based or dedicated telephone
switch site (such as, but not exclusive of, a private branch exchange (PBX)),
or connecting to or from a customer-based or dedicated central office (such as,
but not exclusive of, a centrex system but exclusive of trunks and lines
provided to wireless communication companies) that can access to, connect with
or interface with the Rhode Island E-911 Uniform Emergency Telephone System (RI
E-911). The surcharge shall be billed by each telecommunication services
provider at the inception of services and shall be payable to the
telecommunication services provider by the subscriber of the services. A monthly
surcharge of one dollar ($1.00) is hereby levied effective July 1, 2002, on
each wireless instrument, device or means including prepaid, cellular,
telephony, Internet, Voice Over Internet Protocol (VoIP), satellite, computer,
radio, communication, data or data only wireless lines or any other wireless
instrument, device or means which has access to, connects with, or activates or
interfaces or any combination thereof with the E 9-1-1 Uniform Emergency
Telephone System. The surcharge shall be in addition to the surcharge collected
under section 39-1-62 and shall be billed by each telecommunication services
provider and shall be payable to the telecommunication services provider by the
subscriber or prepaid services customer. The E-911 Uniform Emergency Telephone
System shall establish, by rule or regulation an appropriate funding mechanism
to recover from the general body of ratepayers this surcharge.
(b) The amount of the surcharge shall not be subject to the tax
imposed under chapter 18 of title 44 nor be included within the telephone
common carrier's gross earnings for the purpose of computing the tax under
chapter 13 of title 44.
(c) Each telephone common carrier and each telecommunication
services provider shall establish a special account to which it shall deposit
on a monthly basis the amounts collected as a surcharge under this section.
(d) The money collected by each telecommunication services
provider shall be transferred within sixty (60) days after its inception of
wireline, wireless, prepaid, cellular, telephony, Voice Over Internet Protocol
(VoIP), satellite, computer, Internet, or communications services in this state
and every month thereafter, to the division of taxation, together with the
accrued interest and shall be deposited in the general fund as general
revenue. Any money not transferred in
accordance with this paragraph shall be assessed interest at eight percent
(8%) per annum at the rate set forth in section 44-1-7 from the date
the money should have been transferred.
(e) Every billed subscriber-user shall be liable for any surcharge
imposed under this section until it has been paid to the telephone common
carrier or telecommunication services provider. Any surcharge shall be added to
and may be stated separately in the billing by the telephone common carrier or
telecommunication services provider and shall be collected by the telephone
common carrier or telecommunication services provider.
(f) Each telephone common carrier and telecommunication services
provider shall annually provide the E 9-1-1 uniform emergency telephone system
division or any other agency that may replace it, with a list of amounts
uncollected together with the names and addresses of its subscriber-users who
can be determined by the telephone common carrier or telecommunication services
provider to have not paid the surcharge.
(g) Included within, but not limited to, the purposes for which
the money collected may be used are rent, lease, purchase, improve, construct,
maintenance, repair, and utilities for the equipment and site or sites occupied
by the E 9-1-1 uniform emergency telephone system; salaries, benefits, and
other associated personnel costs; acquisition, upgrade or modification of PSAP
equipment to be capable of receiving E 9-1-1 information, including necessary
computer hardware, software, and data base provisioning, addressing, and
non-recurring costs of establishing emergency services; network development,
operation and maintenance; data-base development, operation, and maintenance;
on-premise equipment maintenance and operation; training emergency service
personnel regarding use of E 9-1-1; educating consumers regarding the
operations, limitations, role and responsible use of E 9-1-1; reimbursement to
telephone common carriers or telecommunication services providers of rates or
recurring costs associated with any services, operation, administration or
maintenance of E 9-1-1 services as approved by the division; reimbursement to
telecommunication services providers or telephone common carriers of other
costs associated with providing E 9-1-1 services, including the cost of the
design, development, and implementation of equipment or software necessary to
provide E 9-1-1 service information to PSAP's, as approved by the division.
(h) [Deleted by P.L. 2000, ch. 55, art. 28, section 1.]
(i) Nothing in this section shall be construed to constitute rate
regulation of wireless communication services carriers, nor shall this section
be construed to prohibit wireless communication services carriers from charging
subscribers for any wireless service or feature.
(j) [Deleted by P.L. 2006, ch. 246, art. 4, section 1_.
SECTION
3. Sections 44-1-2, 44-1-2, 44-1-7, 44-1-7, 44-1-7.1,
44-1-29, 44-1-31 and 44-1-32 of the General Laws in Chapter 44-1 entitled
"State Tax Officials" are 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) [Deleted by P.L. 2006, ch. 246, art. 38, section 10].
(5) To assess and collect the
monthly surcharges that are collected by telecommunication services providers
pursuant to section 39-21.1-14 and are remitted to the division of taxation.
(6) To audit, assess and collect
all unclaimed intangible and tangible property pursuant to chapter 21.1 of
title 33.
44-1-7. Interest on delinquent payments. [Effective until August 15, 2010.]
-- (a) Whenever the full amount of any state tax or any
portion or deficiency, as finally determined by the tax administrator, or
any surcharge that is required to be remitted to the tax division pursuant to
section 39-21.1-14, has not been paid on the date when it is due and
payable, whether the time has been extended or not, there shall be added as
part of the tax or portion or deficiency, or surcharge as referenced in this
provision, interest at the rate as
determined in accordance with subsection (b) of this section, notwithstanding
any general or specific statute to the contrary; provided, however, no interest
or penalties shall be added to any deficiency resulting from imputed income
from domestic partner healthcare benefits for tax years 2002 through 2004
provided the taxpayer files amended returns by August 15, 2006.
(b) Each January 1 the tax administrator shall compute the rate of
interest to be in effect for that calendar year by adding two percent (2%) to
the prime rate, which was in effect on October 1 of the preceding year. In no
event shall the rate of interest exceed twenty-one percent (21%) per annum nor
be less than eighteen percent (18%) per annum.
(c) "Prime rate" as used in subsection (b) of this
section means the predominant prime rate quoted by commercial banks to large
businesses as determined by the board of governors of the Federal Reserve
System.
44-1-7.1. Interest on overpayments. --
(a) Notwithstanding any general or specific statute to the contrary,
overpayments of state taxes or surcharges that are remitted to the tax
division in accordance with section 39-21.1-14, shall bear interest at the
rate provided in section 44-1-7 from the date the tax was paid, or from the
date including any extensions of the date the tax became due, whichever of the
dates occurs later.
(b) Notwithstanding any general or specific statute to the
contrary, overpayments of state taxes or surcharges that are remitted to the
tax division pursuant to section 39-21.1-14, shall bear interest at the prime
rate as defined in section 44-1-7.1(a) from the date the tax or the
surcharge that is referenced in this provision was paid, or from the date
including any extensions of the date the tax became due, whichever of the dates
occurs later.
(c) If any overpayment of state tax is refunded within ninety (90)
days after the last date prescribed (or permitted by extension of time) for
filing the return of the tax, or within ninety (90) days after the return is in
fact filed, no interest shall be allowed under this section on the overpayment.
(d) For the purposes of this section, if any overpayment of state
tax results from a carry-back of a net operating loss, the overpayment is
deemed not to have been made prior to the close of the taxable year in which
the net operating loss arises.
(e) If any overpayment of a
surcharge referenced in subsection (b) of this section is refunded within
ninety (90) days after notification of overpayment of the surcharge, no
interest shall be allowed under this section on the overpayment.
44-1-29. Collection by writ of execution. --
(a) Whenever the full amount of any state tax or any portion or deficiency, as
finally determined by the tax administrator, or any surcharge that is
required to be remitted to the tax division pursuant to section 39-21.1-14
is paid within thirty (30) days after the tax or penalty becomes due and
payable, the tax administrator, in addition to any other powers provided by
law, may petition the sixth division of the district court for a writ of
execution, setting forth the nonpayment of the tax, surcharge or penalty; and the court shall immediately
appoint a time for a hearing and cause a reasonable notice of the meeting to be
given to the adverse party, and at the time and place of the return of the notice
shall proceed summarily to hear the parties.
(b) If upon the hearing it appears that the tax or,
penalty, or surcharge that is required to be remitted to the tax division
pursuant to section 39-21.1-14 is
unpaid, the court shall immediately issue an execution for the collection of
the tax or, penalty or surcharge, which shall run to the
sheriffs, or their deputies, of the several counties of this state, and in
which the officer making service of the execution shall be commanded to levy
upon the property of the party as may be taken on execution, and the officer
charged with the service of the execution shall serve the execution as
commanded, and shall sell the property seized as property is sold when taken on
execution in actions at law, or the court shall take other action as it may
deem proper to enforce the payment of the tax by the appointment of the
receiver of the property of the party or otherwise. A party aggrieved by a
final order of the court may seek review of the order in the Supreme Court by
writ of certiorari in accordance with the procedures contained in section
42-35-16.
44-1-31. Taxes and child support to be paid by electronic funds
transfer. -- (a) The tax administrator is authorized to provide by rule
for the payment of any tax, including employer taxes, by electronic funds
transfer where the tax required to be paid in connection with the filing of any
return, report or other document with the division of taxation exceeds ten
thousand dollars ($10,000). Provided, in all instances where a taxpayer is
required to pay employment taxes to the Internal Revenue Service by electronic
funds transfer, the taxpayer shall pay Rhode Island income tax withheld by
electronic funds transfer.
(b) The tax administrator 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.
(c) The tax administrator shall adopt rules and regulations
necessary to implement this section including, but not limited to, rules and
regulations:
(1) Coordinating the filing of tax returns with the payment of
taxes by electronic funds transfer; and the payment of child support,
(2) Specifying the form, frequency, and content of electronic
funds transfer messages and electronic date information in order to insure the
proper receipt and crediting of the tax or child support payment.
(d) Payment of personal income taxes by individuals is not subject
to the provisions of subsection (a) of this section; provided, that employers'
withholding of taxes is subject to the provisions of subsection (a) of this
section.
(e) The tax administrator is
authorized to provide by rule for payment of any surcharge that is required to
be remitted to the tax division pursuant to section 39-21.1-14.
44-1-32. Hearing on application by taxpayer. --
Any taxpayer aggrieved by the action of the tax administrator in determining
the amount of any tax, any surcharge that is required to be remitted to the
tax division pursuant to section 39-21.1-14 or penalty for which a hearing
is not provided may apply to the tax administrator, in writing, within thirty
(30) days after notice of the assessment is mailed to the taxpayer, for a hearing
relative to the tax or penalty. The tax administrator shall, as soon as
practicable, fix a time and place for the hearing and shall, after the hearing,
determine the correct amount of the tax, interest, and penalty.
SECTION
4. Section 44-53-1 of the General Laws in Chapter
44-53 entitled "Levy and Distraint" is hereby amended to read as
follows:
44-53-1. Levy upon property. -- If any person liable to pay
any tax or surcharge that is required to be remitted to the tax division
pursuant to section 39-21.1-14 neglects or refuses to pay the tax within
ten (10) days after demand, it shall be lawful for the tax administrator to
collect the tax, and any further sum that is sufficient to cover the expenses
of the levy, by levy upon all property and rights to property belonging to the
person or on which there is a lien provided in this title or for the payment of
the tax. If the tax administrator makes a finding that the collection of the
tax is in jeopardy, notice and demand for immediate payment of the tax may be
made by the tax administrator and, upon failure or refusal to pay the tax,
collection of the tax by levy shall be lawful without regard to the ten (10)
day period provided in this section.
SECTION 5. This
article shall take effect as of July 1, 2007.
ARTICLE 5 SUBSTITUTE A AS AMENDED
RELATING TO DEBT MANAGEMENT ACT JOINT
RESOLUTIONS
SECTION 1. This
article consists of Joint Resolutions that are submitted pursuant to Rhode
Island General Laws §§ 35-18-1, et seq.
SECTION 2. Information
Technology Improvements Innovative Education.
WHEREAS, under Section 4 of Article 7 of the FY 2007
Appropriations Act the General Assembly approved the issuance of $49.9 million
for Innovative Technology projects and,
WHEREAS, the language allocating funding for innovative
education projects appears to allocate all $15,195,154 to the comprehensive
education information system in the department of elementary and secondary
education, when the intent of the issuance was to fund several innovative
education projects in addition to this project, now, therefore be it
RESOLVED, that the General Assembly hereby approves the
allocation of funds authorized in Section 4 of Article 7 of the FY 2007
Appropriations Act for innovative education as follows: $3,000,000 for the
comprehensive education information system in the department of elementary and
secondary education, $11,750,000 for the creative use of technology in higher
education, and $445,154 for other innovative education projects
SECTION 3. Division of
Motor Vehicles Computer System. Section 4 of Article 7 of Chapter 246 of the 2006 Public Laws is hereby
amended to read as follows:
WHEREAS, The computer systems that currently support the
Division of Motor Vehicles are outdated and put the operations of driver
licenses and registrations systems at risk of operation; and
WHEREAS, The enterprise infrastructure of the state's wide
and local area networks need upgrades to protect them from cyber security
attack; and
WHEREAS, An integrated professional licensing software
platform would increase the regulatory compliance of licenses and increase
access and convenience to the public of licensing rules, regulations, and
application processing; and
WHEREAS, Public education would benefit from outfitting
teachers with skills in the use of information systems; and
WHEREAS, The state would benefit from a taxation database to
enhance tax policy analysis, audits and tax collections; and
WHEREAS, The court system requires timely and integrated
data systems capable of interacting with other state systems; and
WHEREAS, The project costs associated with the Innovative
Technology Initiative is $49.3 million. The total financing obligation of the
State of Rhode Island would be approximately $46.9 million, with $49.3 million
deposited in the construction fund, and $0.6 million available to pay the
associated costs of financing. Total payments on the State's obligation over
ten (10) years on the $49.3 million issuance are projected to be $63.1 million,
assuming an average effective interest rate of 4.5%. The payments would be
financed within the Department of Administration from general revenue
appropriations and Division of Motor Vehicles transaction fees; now, therefore
be it
RESOLVED, That this General Assembly hereby approves financing
in an amount not to exceed $37.0 million for the provision of funds for
Innovative Technology including $0.5 million to pay costs of financing;
provided, that $3,900,000 be made available from the construction fund for the
enterprise infrastructure of the state's wide and local area network; and
provided, further, that $1,010,234 be made available from the construction fund
for an integrated professional licensing software platform; and provided,
further, that $15,195,154 be made available from the construction fund for
comprehensive education information systems in the department of elementary and
secondary education; and provided, further, that $2,500,000 be available from
the construction fund to develop a taxation data base; and provided, further, that
$13,900,000 be available from the construction fund to develop integrated data
systems for the judiciary; and be it further
RESOLVED, That the General Assembly hereby approves
financing in an amount not to exceed $13,000,000 to develop computer systems to
support the division of motor vehicles, including $12,795,000 for the project
and $205,000 for associated cost of financing; provided that costs of financing
would be borne by a surcharge on all transactions over the ten year period; and
provided further that the department of administration shall develop and adopt
by rule and regulation pursuant to this section that surcharge and structure
not to exceed seven (7) years and that all revenues from that surcharge be used
exclusively for the payment of the principal, interest, and issuance costs
associated with the $13,000,000 cost of the system; and be it further
There is hereby established a restricted receipt account
within the Department of Administration to be called the Division of Motor
Vehicles Registry Technology account to be used exclusively for debt service
payments for the registry computer system. Notwithstanding the provision of
Rhode Island General Law 35-4-27 indirect cost recoveries on restricted receipt
accounts, no transfer or expenditure may be made for any purpose other than
debt service.
RESOLVED, That the General Assembly hereby authorizes
financing in an amount not to exceed $13,000,000 to develop computer systems to
support the division of motor vehicles, including $12,795,000 for the project
and $205,000 for associated cost of financing; provided that costs of financing
would be borne by a surcharge on all transactions over the ten year period;
which shall be deposited into the Division of Motor Vehicles Registry
Technology account; and provided further that the department of administration
shall develop and adopt by rule and regulation pursuant to this section that
surcharge and structure not to exceed seven 97) years and that all revenues
from that surcharge be used exclusively for the payment of the principal,
interest, and issuance costs associated with the $13,000,000 cost of the
system.
SECTION 4 Garrahy Courthouse Parking Project.
WHEREAS, given the current real estate marketplace, there is
significant interest in mixed use developments within the City of Providence;
and
WHEREAS, the Route I-195 relocation project is expected to
cause significant disruption to the parking surrounding the Garrahy Courthouse,
which is currently available for customers utilizing this facility and other
buildings in the area; and
WHEREAS, the State needs to address the upcoming parking
situation and can capture the significant increased value of the land caused by
the current market demand for developable land in the City; and
WHEREAS, the State is prepared to entertain bids for a
public private partnership to develop the land at the Garrahy Courthouse; and
WHEREAS, the intent is to partner with Rhode Island Housing
and Mortgage Finance Corporation or another agency, if preferable, to establish
a request for proposals (RFP) for a mixed use project consisting of parking,
housing and retail; and
WHEREAS, the State would sell the property next to the courthouse
(currently a parking lot) to the quasi-public agency who would then issue an
RFP for prospective developers. The
State would partner with the quasi-public agency to enter into a long term
financial structure that would provide initial financial benefits for the State
from the land sale and additional parking, and include provisions for long term
revenues based on the upside potential of the project; now, therefore, be it
RESOLVED, That the State is authorized to enter into a
long-term parking lease for court employees and other state employees, and
develop a financing structure that would provide additional payments or other
economic benefits or concessions to the State from the winning developer over a
20 to 30 year period; and be it further
RESOLVED, That this Joint Resolution shall take effect
immediately upon its passage by this General Assembly.
SECTION 5. Rhode Island Airport Corporation Revenue
Bonds.
WHEREAS, the Rhode Island Economic Development Corporation
is a public instrumentality of the State of Rhode Island (the
"State"), created by the General Assembly pursuant to Rhode Island
General Laws §§ 42-64-1 et seq. (as enacted, reenacted and amended, the
"Act"); and
WHEREAS, the Act declares, in part, that new industrial,
manufacturing, recreational, and commercial facilities are required to attract
and house new industries and thereby reduce the hazards of unemployment; and
that unaided efforts of private enterprises have not met and cannot meet the
needs of providing those facilities due to problems encountered in assembling
suitable building sites, lack of adequate public service, unavailability of
private capital for development, and the inability of private enterprise alone
to plan, finance, and coordinate industrial, recreational, and commercial
development; and
WHEREAS, the Act further declares it to be the public policy
of the state to furnish proper and adequate airport facilities within the state
and to encourage the integration of these facilities so far as practicable; and
WHEREAS, in furtherance of these goals, it is the policy of
the state to retain existing industries and to induce, encourage and attract
new industries through the acquisition, construction, reconstruction and
rehabilitation of industrial, manufacturing, recreational, and commercial
facilities, as well as transportation, residential, environmental, utility,
public service, institutional and civic and community facilities, and to
develop sites for such facilities; and
WHEREAS, the Act has empowered the Rhode Island Economic
Development Corporation to establish subsidiary corporations to exercise its
powers and functions, or any of them, and, pursuant to such power, the Rhode
Island Economic Development Corporation has established the Rhode Island
Airport Corporation to plan, develop, construct, finance, manage, and operate
airport facilities in the state; and
WHEREAS, the Act provides that the Rhode Island Airport
Corporation shall have the power to purchase, take, receive, lease or otherwise
acquire, own, hold, improve, use and otherwise deal in and with, real or
personal property, or any interest therein, wherever situated; and
WHEREAS, the Act also provides that the Rhode Island Airport
Corporation shall have the power to sell, mortgage, lease, exchange, transfer
or otherwise dispose of or encumber any project, (or in the case of a sale, to
accept a purchase money mortgage in connection therewith) or to grant options
for any such purposes with respect to any real or personal property or interest
therein, all of the foregoing for such consideration as the Rhode Island
Airport Corporation shall determine.
Any lease by the Rhode Island Airport Corporation to another party may
be for such part of the Rhode Island Airport Corporation's property, real or
personal, for such period, upon such terms or conditions, with or without an
option on the part of the lessee to purchase any or all of the leased property
for such consideration, at or after the retirement of all indebtedness incurred
by the Rhode Island Airport Corporation on account thereof, as the Rhode Island
Airport Corporation shall determine; and
WHEREAS the Act authorizes the Rhode Island Economic
Development Corporation to borrow money and issue bonds for any of its
corporate purposes; and
WHEREAS, pursuant to Rhode Island General Laws Sections
35-18-3 and 35-18-4, the Rhode Island Economic Development Corporation has
requested the approval of the General Assembly of the Rhode Island Economic
Development Corporation's issuance of airport revenue bonds (the "Bonds")
for the purpose of providing funds to the Rhode Island Airport Corporation for
financing the various capital projects including but not limited to glycol
facilities, runway and taxiway improvements, but not runway lengthening, obstruction removal, land
acquisition, facility development and costs associated with environmental
impact statements (the "2007 Airport Project") funding,
capitalized interest, costs of issuing the Bonds and related costs, and the
establishment of reserves for the project and the Bonds, including a debt
service reserve fund; and
WHEREAS, the financing of the 2007 Airport Project will be
accomplished through one or more loan agreements having the Rhode Island
Airport Corporation as borrower, such agreement or agreements to require that
the Rhode Island Airport Corporation make loan payments in an amount equal to
the debt service on the Bonds.
RESOLVED, 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.
RESOLVED, that the total amount of debt approved to be
issued in the aggregate shall be limited to not more than $93,440,000;
provided that none of the funds are used to lengthen the runway. Total debt service on the Bonds is not expected to exceed
$7,076,500 annually and $207,795,000 in the aggregate based on an average
interest rate of 6.00% and a 30-year maturity.
RESOLVED, 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.
RESOLVED, None of the Bonds or the loan agreements shall
constitute indebtedness of the State or a debt for which the full faith and
credit of the State is pledged or a moral obligation thereof.
RESOLVED, That this resolution shall apply to Bonds issued
within one (1) year of the date of passage of this resolution.
SECTION 6. Economic Development CorporationPurchase of
Historic Tax Credits.
WHEREAS, the General Assembly finds that the State of Rhode
Island tax credits earned pursuant to R.I.G.L. Chapter 44-33.2 (Historic Tax Credits) have had and
continue to have the desired effect of stimulating, promoting and encouraging
the redevelopment and reuse of historic structures in the State of Rhode Island
for the general purpose of improving and enhancing the economic well being of
the citizens of Rhode Island; and
WHEREAS, it is common practice for Historic Tax Credits to
be sold to ultimate end users of such credits for an amount that is less than
the face amount of the credits, after which the State of Rhode Island is still
obligated to honor the Historic Tax Credits at their full face amount and to
allow the ultimate end users to reduce their tax liabilities to the State of
Rhode Island by such amount; and
WHEREAS, it is estimated that approximately $100,000,000 of
Historic Tax Credits will be issued in fiscal year 2008; and
WHEREAS, the Rhode Island Economic Development Corporation
(the Corporation) intends to acquire $60,000,000 in face amount of Historic
Tax Credits in fiscal year 2008 for an expenditure of not more than
$50,000,000, thereby resulting in a $10,000,000 savings to the State of Rhode
Island in fiscal year 2008; and
WHEREAS, to continue the economic benefit of the Historic
Tax Credits to the State of Rhode Island, but to reduce the cost to the State
of the ultimate end use of the credits, the Corporation hereby requests the
approval of the General Assembly for the Corporation to expend $50,000,000 to
purchase Historic Tax Credits qualifying under R.I.G.L. sections 44-33.2-3(a)
and (b) at a price not to exceed 83.33 cents for every dollar of such credits;
now, therefore, be it
RESOLVED, that the Corporation is hereby authorized to
conduct auctions, negotiate or otherwise determine the price of Historic Tax
Credits qualifying under R.I.G.L. subsections 44-33.2-3(a) and 44-33.2-3(b) and
is hereby authorized to purchase an amount not to exceed $50,000,000 at a price
not to exceed 83.33 cents for each dollar of Historic Tax Credits purchased by
the Corporation; provided however, that such purchases in the aggregate result
in the purchase of at least $60,000,000 in face amount of Historic Tax Credits;
and be it further
RESOLVED, that the Corporation must complete such auctions
or negotiations by September 1, 2007 in order to communicate the results of
this program to the participants in the Revenue Estimating Conference in
November 2007; and be it further
RESOLVED, that the
Corporation is hereby authorized to enter into such agreements, contracts and
other documents in furtherance of the aforesaid resolution, subject to the
limitations set forth therein and upon such other terms and conditions as the
Corporation shall deem in the best interests of the State of Rhode Island.
SECTION 7. Blackstone
Valley Court House
WHEREAS, A need exists to provide better judicial service to northern
Rhode Island residents; and
WHEREAS, Superior, Family and District Court cases held in
satellite locations in the Blackstone
Valley were consolidated approximately fifteen years ago to the Garrahy
Judicial Complex in downtown Providence due to a lack of staff and judicial
resources; and
WHEREAS, The citizens and the Rhode Island Bar both opposed the
consolidation of cases from the Blackstone Valley locations to Providence; and
WHEREAS, In calendar year 2006, the total filings/hearings that
can be attributed to the Blackstone Valley range from 51,354 to 56,748 for an
increase of twelve percent over seven years.
During this time period, Superior Court misdemeanors increased by
twenty-nine percent and felonies by sixteen percent. In District Court, misdemeanors increased by fourteen percent and
felonies by thirty-six percent; and
WHEREAS, A significant number of businesses and industries either
have relocated to the northern part of the state or expanded their facilities
there, thus creating a greater demand for court services; and
WHEREAS, Bryant University, a growing community in northern Rhode
Island, enrolls approximately 3,500 students, of which 2,200 live on
campus. The traffic, activity, and
concentration of students have an impact particularly on local law enforcement;
and
WHEREAS, Garrahy Judicial Complex was constructed with a projected
daily occupancy of 1,500. In recent
years, the daily traffic has increased to around 3,000, almost twice the number
the building was constructed to handle. While the Judiciary has taken a number of steps to ameliorate the
overcrowded conditions in this building by moving some of the functions to the
new Kent County Courthouse, there are limitations to what can be done. The construction of another courthouse in
Providence County would significantly reduce the overcrowding in Garrahy; and
WHEREAS, The construction of a new Blackstone Valley Courthouse is
critical to the state to ensure the continuing ability of the Judiciary to
conduct and perform its operations in a functional and cost-efficient manner;
and
WHEREAS, A site in the Town of Lincoln has been selected for the
construction of a new Blackstone Valley Courthouse located on Route 246 at the
intersection of Route 123, Jenkes Hill Road, just off Route 146. The location is more specifically described
as the northeast corner of Lot # 17 on Map #43 (a portion of the foregoing
being utilized by the Community College of Rhode Island, Flanagan Campus) and a
minor portion of the westerly side of the northwest corner of Lot #16 on Map
#43 (a portion of the foregoing being utilized by the William M. Davies, Jr.
Career & Technical High School); and
WHEREAS, A new Blackstone Valley Courthouse will contain at least
twelve courtrooms and provide surface parking for 500 vehicles with an
additional eighteen secured spaces allocated within the courthouse for judges
and magistrates; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act
(G.L. 1956 section 35-18-1, et seq.) requires that the General Assembly provide
its consent to the issuance of certain obligations; and
WHEREAS, The design, construction, and equipping of these
improvements will be financed thorough Certificates of Participation, with an
expected payback period of twenty years.
Financing the operation and maintenance of the new Blackstone Valley
Courthouse will be included in the annual operating budget of the Rhode Island
Judiciary; and
WHEREAS, The capital costs associated with the project are
estimated to be $69,781,351. The total
issuance would be approximately $71 million with $69,781,351 deposited in the
construction fund, and $1 million available to pay the associated costs of
issuance. Total lease payments over
twenty years on the $71 million issuance are projected to be $113.94 million.
This assumes an average coupon of five percent. The lease payments would be financed within
the Department of Administration from general revenue appropriation and any other
sources available to the agencies occupying the courthouse; now, therefore be
it
RESOLVED, That this General Assembly of the State of Rhode Island
and Providence Plantation hereby recognizes that the construction of a new
Blackstone Valley Courthouse is critical to ensure that justice is administered
in a safe and efficient manner; and be it further
RESOLVED, That this General Assembly hereby approves financing in
an amount not to exceed $71 million for the provisions of a new Blackstone
Valley Courthouse at the aforementioned site; and be it further
RESOLVED, That this Joint Resolution shall take effect immediately
upon its passage by this General Assembly with funding to be included in the
Governor's submission of the fiscal year 2009 Appropriations Act; and be it
further
RESOLVED, That the Secretary of State be and he hereby is authorized
and directed to transmit a duly certified copy of this resolution to the
Governor.
SECTION 8. This
article shall take effect upon passage.
ARTICLE 6 SUBSTITUTE A AS AMENDED
RELATING TO MAKING REVISED APPROPRIATIONS
IN SUPPORT OF FY 2007
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this article, 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, 2007. 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
2007 FY 2007 FY 2007
Enacted Change Final
Administration
Central Management
General Revenues 1,545,276 (141,231) 1,404,045
Federal Funds 346,196 (67,995) 278,201
Restricted Receipts 70,029 54,863 124,892
Total - Central Management 1,961,501 (154,363) 1,807,138
Legal Services
General Revenues 2,562,185 85,692 2,647,877
Legal Support/DOT 108,503 6,001 114,504
Total - Legal Services 2,670,688 91,693 2,762,381
Accounts and Control General Revenues 3,428,790 (38,084) 3,390,706
Budgeting General Revenues 2,456,351 (206,563) 2,249,788
Purchasing General Revenues 2,416,614 (97,977) 2,318,637
Auditing General
Revenues 2,057,592 (322,439) 1,735,153
Human Resources
General Revenues 12,314,199 (2,378,875) 9,935,324
Federal Funds 815,083 1,145,830 1,960,913
Restricted Receipts 647,390 (99,440) 547,950
Other Funds 1,120,457 (357,281) 763,176
Total - Human Resources 14,897,129 (1,689,766) 13,207,363
Personnel Appeal Board General Revenues 102,849 7,770 110,619
Facilities Management
General Revenues 41,144,019 (1,978,829) 39,165,190
Federal Funds 21,551,019 8,558,546 30,109,565
Restricted Receipts 1,373,570 (88,231) 1,285,339
Other Funds 1,541,649 (1,031,226) 510,423
Total Facilities Management 65,610,257 5,460,260 71,070,517
Capital Projects and
Property Management
General Revenues 3,316,132 (224,378) 3,091,754
Information Technology
General Revenues 17,584,582 3,304,850 20,889,432
Federal Funds 7,076,403 412,242 7,488,645
Restricted Receipts 1,440,855 20,271 1,461,126
Other Funds 1,242,376 29,757 1,272,133
Total Information Technology 27,344,216 3,767,120 31,111,336
Library and Information Services
General Revenues 1,077,872 17,854 1,095,726
Federal Funds 1,355,677 (274,076) 1,081,601
Restricted Receipts 1,500 3,000 4,500
Total - Library and Information Services 2,435,049 (253,222) 2,181,827
Planning
General Revenues 5,306,430 (695,814) 4,610,616
Federal Funds 8,107,037 2,095,659 10,202,696
Intermodal Surface Transportation Funds
Federal Highway - PL Systems Planning 1,453,222 354,554 1,807,776
Air Quality Modeling 20,800 - 20,800
Total - Planning 14,887,489 1,754,399 16,641,888
Security Services General Revenues 19,854,805 (169,238) 19,685,567
General
General Revenues
Domestic Partners - 20,000 20,000
Miscellaneous Grants 626,750 - 626,750
Torts Courts 400,000 118,000 518,000
Contingency Fund 1,050,000 273,708 1,323,708
State Employees/Teachers Retiree Health
9,475,125 (9,475,125) -
EDC Urban Revitalization Fund Capital
Reserve 50,000 - 50,000
Economic Development Corporation -
8,184,274 (200,000) 7,984,274
EDC RI Airport Corporation Impact
1,025,000 (20,480) 1,004,520
Economic Policy Council 300,000 - 300,000
Centers of Excellence 3,000,000 - 3,000,000
EDC EPScore 1,500,000 - 1,500,000
Police/Fire Incentive Pay - 675,000 675,000
Motor Vehicle Excise Tax Payment136,004,939 224,504 136,229,443
Property Valuation 1,500,000 500,000 2,000,000
General Revenue Sharing Program
65,159,670 (47,794) 65,111,876
Payment in Lieu of Tax Exempt Properties
27,766,967 - 27,766,967
Distressed Communities Relief Program
10,921,335 (767,149) 10,154,186
Resource Sharing and State Library Aid
8,712,871 - 8,712,871
Library Construction Aid 2,705,348 144,099 2,849,447
Federal Funds 34,869 - 34,869
Restricted Receipts 1,283,347 212,650 1,495,997
Rhode Island Capital Plan Funds
State House Renovations 830,000 118,928 948,928
State House Terrace Walls/South Stairs - 24,081 24,081
Lead Mitigation 200,000 (200,000) -
Pastore
Center Sewer Improvements - 43,843 43,483 43,843 43,483
Elderly Affairs One Stop Elder Care 200,000 (200,000) -
Chapin Health Laboratory 100,000 (99,864) 136
Cranston Street Armory - 781,453 781,453
Cannon Building 150,000 29,381 179,381
Zambarano Building - 151,333 151,333
Old State House 100,000 (61,030) 38,970
State Office Building - 417,138 417,138
Veterans Auditorium - 794,143 794,143
Old Colony House - 98,908 98,908
Washington County Government Center - 239,317 239,317
William Powers Administration Building 500,000 142,401 642,401
Eisenhower House Repairs - 16,554 16,554
McCoy Stadium 1,280,000 - 1,280,000
Varley Building 100,000 (100,000) -
Fire Code Compliance State Buildings
500,000 (262,732) 237,268
Environmental Compliance 250,000 (7,946) 242,054
Fox Point Hurricane Barrier 50,000 (50,000) -
Bio-Tech Training Lab Planning - 86,197 86,197
Total General 283,960,495 (6,380,842) 277,579,653
Debt Service Payments
General Revenues 89,129,461 (2,528,730) 86,600,731
Federal Funds 1,177,854 - 1,177,854
Restricted Receipts 1,027,956 1,049,823 2,077,779
Rhode Island Capital Plan Funds
MHRH Community Services Program
5,374,946 - 5,374,946
MHRH Community Mental Health Program
1,827,046 35,569 1,862,615
DEM Narragansett Bay Commission
1,527,738 - 1,527,738
Debt Service CWFA 3,254,086 97,196 3,351,282
DEM Debt Service Recreation
8,340,854 (2,313,549) 6,027,305
DEM Wastewater Treatment
4,203,348 52,705 4,256,053
DEM Hazardous Waste 2,340,378 - 2,340,378
Water Resources Board 2,220,215 26,939 2,247,154
DOA Third Rail Project Quonset Point
2,463,980 (398,859) 2,065,121
Airport Debt Service - 2,500,000 2,500,000
Intermodal Surface Transportation Funds
Transportation Debt Service 36,695,660 (788,847) 35,906,813
RIPTA Debt Service 703,466 (19,313) 684,153
Temporary Disability Insurance Fund
RIRBA - DLT Temporary Disability Insurance
45,586 - 45,586
COPS - DLT Building TDI 382,138 - 382,138
Total - Debt Service Payments 160,714,712 (2,287,066) 158,427,646
Personnel Reform
General Revenues Medical Insurance (3,709,901) 3,709,901 -
Federal Funds Medical Insurance (1,298,060) 1,298,060 -
Restricted Receipts Medical Insurance (264,858) 264,858 -
Other Funds Medical Insurance (1,512,997) 1,512,997 -
Total Personnel Reform (6,758,816) (6,785,816) -
State Employee Turnover 5.2% (36,491,395) 36,491,395 - Grand Total Administration 564,837,458 42,534,515 607,371,973
Business Regulation
Central Management General Revenues 1,456,314 (231,514) 1,224,800
Banking and Securities Regulation
General Revenues 2,822,483 (47,080) 2,775,403
Commercial Licensing and Racing & Athletics
General Revenues 1,814,637 (261,888) 1,552,749
Restricted Receipts 100,000 - 100,000
Total - Commercial Licensing and Racing and Athletics
1,914,637 (261,888) 1,652,749
Insurance Regulation
General Revenues 4,684,990 348,414 5,033,404
Federal Funds - 43,291 43,291
Restricted Receipts 704,408 124,044 828,452
Total - Insurance Regulation 5,389,398 515,749 5,905,147
Board of Accountancy General Revenues 156,280 (10,072) 146,208 Grand Total - Business Regulation 11,739,112 (34,805) 11,704,307
Labor and Training
Central Management
General Revenues 143,250 2,438 145,688
Restricted Receipts 385,212 143,151 528,363
Total - Central Management 528,462 145,589 674,051
Workforce Development
Services
General
Revenues 258,600 (222,901) 35,669
35,699
Federal Funds 15,789,182 2,128,172 17, 917,354
Restricted Receipts 10,379,076 (3,748,569) 6,630,507
Reed Act Funds
Rapid Job Entry 931,277 19,085 950,362
Woonsocket NetworkRI Office
55,000 89,607 144,607
Workforce Development 6,202,864 (1,672,090) 4,530,774
Of the $5.6 million appropriated from Other Reed Act funds, $950,362 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; $144,607 may be used solely for netWORKri office renovations; and $4.5 million may be used solely for the administration of this states employment compensation law and public employment offices.
Total - Workforce Development Services
33,615,999 (3,406,696) 30,209,303
Workforce Regulation
and Safety
General Revenues 2,860,748 521,475 3,382,223
Income Support
General Revenues 3,137,593 121,355 3,258,948
Federal Funds 12,820,503 3,685,543 16,506,046
Restricted Receipts 1,616,416 144,381 1,760,797
Temporary Disability Insurance Fund
176,891,254 (3,580,306) 173,310,948
Employment Security Fund 213,398,437 (6,312,020) 207,086,417
Total - Income Support 407,864,203 (5,941,047) 401,923,156
Injured Workers Services Restricted Receipts 10,508,769 654,541 11,163,310
Labor Relations Board General Revenues 441,659 (87,404) 354,255
Grand Total - Labor and Training 455,819,840 (8,113,542) 447,706,298
Department of Revenue
Director of RevenueGeneral Revenues 488,750 (237,964) 250,786
Office of Revenue Analysis General Revenues 388,424 (388,424) -
Lottery Division
Lottery Funds 214,740,880 (7,208,108) 207,532,772
Property Valuation General Revenues 669,726 (17,693) 652,033
Taxation
General Revenues 18,374,247 (1,185,397) 17,188,850
Federal Funds 1,188,260 (30,903) 1,157,357
Restricted Receipts 813,368 (37,630) 775,738
Motor Fuel Evasion Program 42,732 41,829 84,561
Temporary Disability Insurance 875,361 (22,767) 852,594
Total Taxation 21,293,968 (1,234,868) 20,059,100
Registry of Motor Vehicles
General Revenues 17,536,892 (513,648) 17,023,244
Federal Funds 395,638 579,530 975,168
Restricted Receipts 16,083 17 16,100
Total Registry of Motor Vehicles 17,948,613 65,899 18,014,512
Grand Total Revenue 255,530,361 (9,021,158) 246,509,203
Legislature
General Revenues 32,219,892 1,253,005 33,472,897
Restricted Receipts 1,451,733 (42,881) 1,408,852
Grand Total Legislature 33,671,625 1,210,124 34,881,749
Lieutenant Governor General Revenues 963,012 (81,596) 881,416
State
Administration General Revenues 1,741,391 (80,420) 1,660,971
Corporations General Revenues 1,801,627 37,047 1,838,674
State Archives
General Revenues 104,891 102,429 207,320
Federal Funds 85,000 - 85,000
Restricted Receipts 486,355 (269,835) 216,520
Total - State Archives 676,246 (167,406) 508,840
Elections
General Revenues 1,278,170 292,326 1,570,496
Federal Funds 1,931,890 (1,074,203) 857,687
Total
Elections 3,210,060 (781,877) 2,428,183
State Library General Revenues 700,499 (2,220) 698,279
Office of Civics and
Public Information
General Revenue 314,339 (110,533) 203,806
Grand Total State 8,444,162 (1,105,409) 7,338,753
General Treasurer
Treasury
General Revenues 2,685,728 (260,943) 2,424,785
Federal Funds 290,975 14,295 305,270
Restricted Receipts 10,000 - 10,000
Temporary Disability Insurance Fund 303,834 9,641 313,475
Total Treasury 3,290,537 (237,007) 3,053,530
State Retirement
System
State Employees' Retirement
Admin Expenses - State Retirement System
5,660,755 730,465 6,391,220
Retirement - Treasury Investment Operations
772,474 160,283 932,757 Total - State Retirement System 6,433,229 890,748 7,323,977
Unclaimed Property Restricted Receipts 16,657,676 2,815,727 19,473,403
RI Refunding Bond Authority General Revenues 55,770 (15,150) 40,620
Crime Victim
Compensation Program
General Revenues 211,502 (14,106) 197,396
Federal Funds 731,314 923,008 1,654,322
Restricted Receipts 1,715,930 (88,963) 1,626,967
Total - Crime Victim Compensation Program
2,658,746 819,939 3,478,685
Grand Total General Treasurer 29,095,958 4,274,257 33,370,215
Boards for Design
Professionals
General Revenues 390,153 (15,913) 374,240
Board of Elections
General Revenues 2,516,239 1,168,753 3,684,992
Federal Funds 818,900 3,104 822,004
Grand Total - Board of Elections 3,335,139 1,171,857 4,506,996
Rhode Island Ethics Commission
General Revenues 1,297,421 (69,190) 1,228,231
Office of Governor
General Revenues 4,952,015 (270,414) 4,681,601
Intermodal Surface Transportation Funds 92,129 (3,333) 88,796
Grand Total - Office of Governor 5,044,144 (273,747) 4,770,397
Public Utilities
Commission
General Revenues 743,985 (235,174) 508,811
Federal Funds 88,567 11,286 99,853
Restricted Receipts 6,080,429 128,274 6,208,703
Grand Total - Public Utilities Commission
6,912,981 (95,614) 6,817,367
Rhode Island
Commission on Women
General Revenues 99,715 (692) 99,023
Office of Health and
Human Services
General Revenues 313,160 (16,142) 297,018
Federal Funds 245,357 2,345,432 2,590,789
Restricted Receipts 211,603 204,246 415,849
Grand Total Office of Health and Human Services
770,120 2,533,536 3,303,656
Children, Youth, and
Families
Central Management
General Revenues 6,860,904 264,888 7,125,792
Federal Funds 3,477,254 (342,681) 3,134,573
Total - Central Management 10,338,158 (77,793) 10,260,365
Children's Behavioral
Health Services
General Revenues 36,982,288 2,883,080 39,865,368
Federal Funds 37,112,018 1,772,162 38,884,180
Rhode Island Capital Plan Funds
Groden Center Mt. Hope - 63,215 63,215
Total - Children's Behavioral Health Services
74,094,306 4,718,457 78,812,763
Juvenile Correctional
Services
General Revenues 32,579,007 (953,234) 31,625,773
Federal Funds 3,379,260 (319,687) 3,059,573
Restricted Receipts 6,000 497,702 503,702
Rhode Island Capital Plan Funds
Girls Facility Training School
800,000 (699,890) 100,110
Community Facilities
Training Schools 500,000 (500,000) -
Total - Juvenile Correctional Services
37,264,267 (1,975,109) 35,289,158
Child Welfare
General Revenues 96,569,239 11,198,582 107,767,821
Federal Funds 72,495,979 6,861,034 79,357,013
Restricted Receipts 1,655,094 59,985 1,715,079
Rhode Island Capital Plan Funds
Fire Code Upgrades 500,000 (400,000) 100,000
Total - Child Welfare 171,220,312 17,719,601 188,939,913
Higher Education
Incentive Grants
General Revenues 200,000 - 200,000
Grand Total - Children, Youth, and Families
293,117,043 20,385,156 313,502,199
Elderly Affairs
General Revenues
General Revenues 16,683,105 734,659 17,417,764
RIPAE 3,412,000 (1,946,793) 1,465,207
Safety and Care of the Elderly 600 - 600
Federal Funds 12,623,605 2,153,883 14,777,488
Restricted Receipts 1,250,000 (49,611) 1,200,389
Intermodal Surface Transportation Fund
4,800,000 (115,000) 4,685,000
Grand Total - Elderly Affairs 38,769,310 777,138 39,546,448
Health
Central Management
General Revenues 4,814,505 153,928 4,968,433
Federal Funds 4,849,996 417,950 5,267,946
Restricted Receipts 1,850,664 1,702,581 3,553,245
Trauma Registry - 8,000 8,000
Total - Central Management 11,515,165 2,282,459 13,797,624
State Medical Examiner
General Revenues 1,964,801 193,326 2,158,127
Federal Funds 140,543 9,921 150,464
Total - State Medical Examiner 2,105,344 203,247 2,308,591
Family Health
General Revenues 3,039,370 (105,745) 2,933,625
Federal Funds 28,929,522 1,643,300 30,572,822
Restricted Receipts 6,875,852 5,923,985 12,799,837
Total - Family Health 38,844,744 7,461,540 46,306,284
Health Services
Regulation
General Revenues 5,085,025 888,562 5,973,587
Federal Funds 5,350,171 532,166 5,882,337
Restricted Receipts 400,319 3,312 403,631
Total - Health Services Regulation10,835,515 1,424,040 12,259,555
Environmental Health
General Revenues 4,616,661 (315,991) 4,300,670
Federal Funds 4,815,388 1,213,906 6,029,294
Restricted Receipts 1,553,683 915,646 2,469,329
Total - Environmental Health 10,985,732 1,813,561 12,799,293
Health Laboratories
General Revenues 6,366,122 208,983 6,575,105
Federal Funds 2,184,707 386,891 2,571,598
Total - Health Laboratories 8,550,829 595,874 9,146,703
Disease Prevention and
Control
General Revenues
General Revenues 7,416,725 (1,165,693) 6,251,032
Federal Funds 19,893,007 (1,817,104) 18,075,903
National Highway Traffic Safety Funds
Walkable Communities Initiative 29,960 (2,507) 27,453
Total - Disease Prevention and Control
27,339,692 (2,985,304) 24,354,388
Grand Total Health 110,177,021 10,795,417 120,972,438
Human Services
Central Management
General Revenues 8,778,008 2,563,938 11,341,946
Federal Funds 6,665,999 (71,012) 6,594,987
Restricted Receipts 2,240,382 (541,685) 1,698,697
Total - Central Management 17,684,389 1,951,241 19,635,630
Child Support
Enforcement
General Revenues 3,649,018 6,603 3,655,621
Federal Funds 7,400,423 (214,828) 7,185,595
Restricted Receipts - 50,000 50,000
Total Child Support Enforcement 11,049,441 (158,225) 10,891,216
Individual and Family
Support
General Revenues 25,166,091 (2,025,823) 23,140,268
Federal Funds 54,777,883 (1,718,295) 53,059,588
Restricted Receipts 91,944 42,206 134,150
Total - Individual and Family Support
80,035,918 (3,701,912) 76,334,006
Veterans' Affairs
General Revenues 17,300,207 (456,136) 16,844,071
Federal Funds 7,588,106 (971,794) 6,616,312
Restricted Receipts 1,219,365 1,584,234 2,803,599
Total - Veterans' Affairs 26,107,678 156,304 26,263,982
Health Care Quality,
Financing and Purchasing
General Revenues 21,178,701 260,140 21,438,841
Federal Funds 45,340,602 (385,643) 44,954,959
Restricted Receipts 566,815 (280,305) 286,510
Total - Health Care Quality, Financing & Purchasing
67,086,118 (405,808) 66,680,310
Medical Benefits
General Revenues
Hospitals 77,228,648 (7,017,539) 70,211,109
Long-Term Care 146,058,329 18,754,935 164,813,264
Managed Care 209,075,483 (3,428,780) 205,646,703
Pharmacy 65,484,895 (4,307,289) 61,177,606
Other 71,478,576 (21,223,142) 50,255,434
Federal Funds
Hospitals 82,338,822 (12,111,866) 70,226,956
Long-Term Care 163,774,830 21,389,146 185,163,976
Managed Care 246,229,008 (6,875,711) 239,353,297
Special Education 20,733,240 - 20,733,240
Pharmacy 25,887,480 (1,454,362) 24,433,118
Other 80,233,863 (23,736,191) 56,497,672
Restricted Receipts 4,490,042 (590,042) 3,900,000
Total - Medical Benefits 1,193,013,216 (40,600,841) 1,152,412,375
Supplemental Security
Income Program
General Revenues 28,201,184 (542,250) 27,658,934
Family Independence
Program
General Revenues
Child Care 39,870,805 (10,965,424) 28,905,381
TANF/Family Independence Program 7,724,147 8,400,853 16,125,000
Federal Funds 84,438,119 2,175,000 86,613,119
Total - Family Independence Program
132,033,071 (389,571) 131,643,500
State Funded Programs
General Revenues
General Public Assistance 3,860,294 37,946 3,898,240
Federal Funds 83,690,512 (357,492) 83,333,020
Total - State Funded Programs 87,550,806 (319,546) 87,231,260
Grand Total - Human Services 1,642,761,821 (44,010,608) 1,598,751,213
Mental Health,
Retardation, and Hospitals
Central Management
General Revenues 2,251,063 (103,089) 2,147,974
Federal Funds - 130,507 130,507
Total - Central Management 2,251,063 27,418 2,278,481
Hospital and Community
System Support
General Revenues 4,574,961 (1,012,940) 3,562,021
Federal Funds 229,166 (142,166) 87,000
Rhode Island Capital Plan Funds
Utilities Upgrade 500,000 123,487 623,487
Medical Center Rehabilitation 400,000 (284,526) 115,474
Utility Systems - Water Tanks and Pipes
250,000 272,425 522,425
Central Power Plant Rehabilitation
400,000 (283,015) 116,985
Community Facilities Fire Code
500,000 44,065 544,065
Pastore Center Fire Code Compliance
250,000 (116,910) 133,090
DD Private Waiver Com Facilities-Fire Code
187,500 (116,591) 70,909
Total - Hospital and Community System Support
7,291,627 (1,516,171) 5,775,456
Services for the
Developmentally Disabled
General Revenues 119,315,406 (1,308,026) 118,007,380
Federal Funds 135,138,112 1,869,629 137,007,741
Rhode Island Capital Plan Funds
DD Regional Center Repair/Rehabilitation
200,000 (40,408) 159,592
Developmental Disability Group Homes
1,000,000 (40,863) 959,137
Total - Services for the Developmentally Disabled
255,653,518 480,332 256,133,850
Integrated Mental
Health Services
General Revenues 43,579,541 (126,062) 43,453,479
Federal Funds 37,670,463 (143,703) 37,526,760
Total - Integrated Mental Health Services
81,250,004 (269,765) 80,980,239
Hospital and Community
Rehabilitation Services
General Revenues 52,576,725 5,733,920 58,310,645
Federal Funds 56,766,343 5,105,797 61,872,140
Rhode Island Capital Plan Funds
Zambarano Buildings and Utilities
200,000 (120,885) 79,115
Hospital Consolidation - 150,000 150,000
Total - Hospital and Community
Rehab. Services 109,543,068 10,868,832 120,411,900
Substance Abuse
General Revenues 16,157,873 (683,574) 15,474,299
Federal Funds 14,848,644 (29,615) 14,819,029
Restricted Receipts 90,000 100,000 190,000
Rhode Island Capital Plan Funds
Asset Protection 100,000 98,828 198,828
Eastman House - 200,000 200,000
Total - Substance Abuse 31,196,517 (314,361) 30,882,156
Grand Total - Mental Health, Retardation, and Hospitals
487,185,797 9,276,285 496,462,082
Office of the Child
Advocate
General Revenues 558,096 (37,422) 520,674
Federal Funds 40,000 (2,000) 38,000
Grand Total Office of the Child Advocate
598,096 (39,422) 558,674
Commission on the
Deaf and Hard of Hearing
General Revenues 355,329 (45,805) 309,524
Federal Funds 15,000 2,500 17,500
Grand Total - Commission on the Deaf and
Hard of Hearing 370,329 (43,305) 327,024
RI Developmental
Disabilities Council
Federal Funds 461,393 - 461,393
Governor's Commission
on Disabilities
General Revenues 602,202 (49,530) 552,672
Federal Funds 195,681 (20,077) 175,604
Restricted Receipts 25,444 1,020 26,464
Rhode Island Capital Plan Funds
Facility Renovation - Handicapped Accessibility
200,000 - 200,000
Grand Total - Governor's Commission on Disabilities
1,023,327 (68,587) 954,740
Commission for Human
Rights
General Revenues 1,075,216 (85,586) 989,630
Federal Funds 323,478 201 323,679
Grand Total - Commission for Human Rights
1,398,694 (85,385) 1,313,309
Mental Health Advocate General Revenues 409,492 (24,079) 385,413
Elementary and
Secondary Education
Administration
General Revenues 21,103,006 (816,275) 20,286,731
Federal Funds 178,926,175 (536,930) 178,389,245
Restricted Receipts 2,792,518 986,548 3,779,066
Rhode Island Capital Plan Funds
Chariho Well Water - 45,886 45,886
Total Administration 202,821,699 (320,771) 202,500,928
Davies Career and
Technical School
General Revenues 13,753,144 (131,958) 13,621,186
Federal Funds 1,200,244 135,147 1,335,391
Restricted Receipts - 1,500 1,500
Rhode Island Capital Plan Funds
Davies HVAC - 124,255 124,255
Davies Elevators 51,939 (51,939) -
Total - Davies Career and Technical School
15,005,327 77,005 15,082,332
RI School for the Deaf
General Revenues 6,476,348 (35,147) 6,441,201
Federal Funds 375,864 26,605 402,469
Total - RI School for the Deaf 6,852,212 (8,542) 6,843,670
Metropolitan Career
and Technical School
General Revenues 10,406,956 - 10,406,956
Education Aid
General Revenues 675,530,203 1,354,678 676,884,881
Federal Funds 2,221,786 (1,102,744) 1,119,042
Restricted Receipts 1,734,549 (280,251) 1,454,298
Total Education Aid 679,486,538 (28,317) 679,458,221
Central Falls School District General Revenues 43,234,574 560,837 43,795,411
Housing Aid General Revenues 49,672,045 (2,857,063) 46,814,982
Teachers Retirement General Revenues 69,200,130 (1,940,220) 67,259,910
Grand Total - Elementary and Secondary Education
1,076,679,481 (4,517,071) 1,072,162,410
Public Higher
Education
Board of
Governors/Office of Higher Education
General Revenues 7,858,537 (124,456) 7,734,081
Federal Funds 3,146,976 - 3,146,976
Restricted Receipts 540,000 151,376 691,376
Total - Board of Governors/Office of
Higher Education 11,545,513 26,920 11,572,433
University of Rhode
Island
General Revenues 86,073,717 (3,602,540) 82,471,177
Debt Service 2,618,293 811,296 3,429,589
University and College Funds
University and College Funds 379,614,507 1,748,704 381,363,211
Debt Dining Services 1,078,794 - 1,078,794
Debt Education and General 1,994,229 50,267 2,044,496
Debt Health Services 127,938 2,830 130,768
Debt Housing Loan Funds 4,208,297 (2,367,561) 1,840,736
Debt Memorial Union 99,615 2,655 102,270
Debt Ryan Center 1,515,473 (1,515,473) -
Debt Alton Jones Services 113,289 32,307 145,596
Debt Boss Arena 295,207 (295,207) -
Debt Parking Authority 649,353 - 649,353
Debt Sponsored Research 99,970 - 99,970
Rhode Island Capital Plan Funds
Debt Service 5,101,021 - 5,101,021
Asset Protection/Roofs 3,990,000 916,073 4,906,073
Independence Hall 1,200,000 - 1,200,000
URI Chafee Hall PCB Abatement - 3,851 3,851
Biological Science Center - 1,964 1,964
Superfund - 187,469 187,469
Total University of Rhode Island 488,779,703 (4,023,365) 484,756,338
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2007 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2008.
Rhode Island College
General Revenues
General Revenues 47,354,405 (2,330,209) 45,024,196
Debt Service 1,590,682 429,741 2,020,423
RIRBA Rhode Island College 293,470 - 293,470
University and College Funds
University and College Funds 74,882,408 (169,797) 74,712,611
Debt Education and General 295,152 - 295,152
Debt Housing 494,417 - 494,417
Debt Student Center and Dining172,061 - 172,061
Debt Student Union 172,194 - 172,194
Rhode Island Capital Plan Funds
Asset Protection /Roofs 1,732,500 980,877 2,713,377
Total Rhode Island College 126,987,289 (1,089,388) 125,897,901
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2007 relating to Rhode Island College are hereby reappropriated to fiscal year 2008.
Community College of
Rhode Island
General Revenues
General Revenues 49,537,170 (2,423,680) 47,113,490
Debt Service 1,405,076 - 1,405,076
Restricted Receipts 639,479 54,041 693,520
University and College Funds
University and College Funds 59,569,735 (3,628,752) 55,940,983
Debt Bookstore 176,504 - 176,504
Rhode Island Capital Plan Funds
Knight Campus Nursing Program
65,000 (65,000) -
Asset Protection 1,102,500 772,695 1,875,195
Total Community College of RI
112,495,464 (5,290,696) 107,204,768
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2007 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2008.
Grand Total Public Higher Education
739,807,969 (10,376,529) 729,431,440
RI State Council on
the Arts
General Revenues
Operating Support 795,942 (87,277) 708,665
Grants 2,045,524 2,776 2,048,300
Federal Funds 731,500 (36,164) 695,336
Restricted Receipts 1,008,195 (1,008,195) -
Arts for Public Facilities - 800,000 800,000
Grand Total - RI State Council on the Arts
4,581,161 (328,860) 4,252,301
RI Atomic Energy
Commission
General Revenues 836,702 (8,171) 828,531
Federal Funds 375,000 (34,295) 340,705
University and College Funds
URI Sponsored Research 171,206 2,994 174,200
Grand Total - RI Atomic Energy Commission
1,382,908 (39,472) 1,343,436
RI Higher Education
Assistance Authority
General Revenues
Needs Based Grants and Work Opportunities
5,730,027 - 5,730,027
Authority Operations and Other Grants
1,017,375 (38,907) 978,468
Federal Funds 12,852,312 (1,251,741) 11,600,571
Tuition Savings Program Administration
10,058,298 (521,794) 9,536,504
Grand Total - Higher Education Assistance Authority
29,658,012 (1,812,442) 27,845,570
RI Historical
Preservation and Heritage Commission
General Revenues 1,705,676 (47,752) 1,657,924
Federal Funds 487,267 117,919 605,186
Restricted Receipts 266,820 224,327 491,147
Grand Total RI Historical Preservation and Heritage Commission
2,459,763 294,494 2,754,257
RI Public
Telecommunications Authority
General Revenues 1,388,669 (70,883) 1,317,786
Corporation for Public Broadcasting 828,498 (89,989) 738,509
Rhode Island Capital Plan Funds
Digital TV Conversion - 384,160 384,160
Grand Total RI Public Telecommunications Authority
2,217,167 223,288 2,440,455
Attorney General
Criminal
General Revenues 13,077,675 (591,752) 12,485,923
Federal Funds 1,055,397 190,752 1,246,149
Restricted Receipts 520,527 (165,309) 355,218
Total Criminal 14,653,599 (566,309) 14,087,290
Civil
General Revenues 4,524,821 (305,671) 4,219,150
Restricted Receipts 552,539 32,541 585,080
Total Civil 5,077,360 (273,130) 4,804,230
Bureau of Criminal
Identification
General Revenues 991,634 (42,681) 948,953
Federal Funds - 63,705 63,705
Total - Bureau of Criminal Identification
991,634 21,024 1,012,658
General
General Revenues 2,249,571 9,934 2,259,505
Rhode Island Capital Plan Funds
Building Renovations and Repairs
165,000 186,767 351,767
Total General 2,414,571 196,701 2,611,272
Grand Total - Attorney General 23,137,164 (621,714) 22,515,450
Corrections
Central Management
General Revenues 8,557,219 564,061 9,121,280
Federal Funds 260,032 135,270 395,302
Total - Central Management 8,817,251 699,331 9,516,582
Parole Board
General Revenues 1,247,742 (16,815) 1,230,927
Federal Funds 33,002 - 33,002
Total - Parole Board 1,280,744 (16,815) 1,263,929
Institutional
Corrections
General Revenues 139,084,180 (4,720,842) 134,363,338
Federal Funds 7,224,911 2,411,602 9,636,513
Rhode Island Capital Plan Funds
Reintegration Center State Match
3,247,123 540,000 3,787,123
General Renovations - Maximum
250,000 (240,895) 9,105
General Renovations Womens
700,000 376,807 1,076,807
Womens Bath Room Renovations 506,000 (506,000) -
Bernadette Guay Bldg. Roof 623,000 55,640 678,640
MIS/Admin. Units Relocation 151,017 (151,017) -
Asset Protection 2,154,000 (277,924) 1,876,076
Total - Institutional Custody 153,940,231 (2,512,629) 151,427,602
Community Corrections
General Revenues 13,553,170 (1,182,385) 12,370,785
Federal Funds 820,175 555,173 1,375,348
Total Community Corrections 14,373,345 (627,212) 13,746,133
Grand Total Corrections 178,411,571 (2,457,325) 175,954,246
Judiciary
Supreme Court
General Revenues
General Revenues 25,833,914 782,294 26,616,208
Defense of Indigents 2,967,659 - 2,967,659
Federal Funds 122,000 168,330 290,330
Restricted Receipts 1,042,001 164,147 1,206,148
Rhode Island Capital Plan Funds
Blackstone Valley Courthouse Study
145,000 1,428 146,428
Judicial HVAC 500,000 90,078 590,078
McGrath Int/Ext. 200,000 101,974 301,974
Asset Protection 100,000 - 100,000
Total - Supreme Court 30,910,574 1.308,251 32,218,825
Superior Court
General Revenues
General Revenues 20,593,206 (1,296,620) 19,296,586
Superior Curt Adult Drug Court 66,000 - 66,000
Federal Funds 465,292 177,913 643,205
Total - Superior Court 21,124,498 (1,118,707) 20,005,791
Family Court
General Revenues
General Revenues 16,451,290 202,960 16,654,250
Family Court Juvenile Drug Court 819,885 (426,532) 393,353
Federal Funds
Federal Funds 1,336,037 309,257 1,645,294
Family Court Drug Court Family Treatment
272,492 78,288 350,780
Total - Family Court 18,879,704 163,973 19,043,677
District Court General Revenues 9,923,880 82,144 10,006,024
Traffic Tribunal General Revenues 7,318,155 (244,926) 7,073,229
Workers' Compensation Court
Restricted Receipts 7,285,626 (145,190) 7,140,436
Grand Total Judiciary 95,442,437 45,545 95,487,982
Military Staff
National Guard
General Revenues 2,335,467 (282,681) 2,052,786
Federal Funds 8,954,804 (347,587) 8,607,217
Restricted Receipts 145,000 - 145,000
Rhode Island Capital Plan Funds
Benefit Street Arsenal Rehabilitation
200,000 (200,000) -
Schofield Armory Rehabilitation
140,000 175,937 315,937
AMC Roof Replacement 200,000 (200,000) -
State Armories Fire Code Comp
150,000 (150,000) -
Federal Armories Fire Code Comp
118,750 (118,750) -
Logistics/Maint Facilities Fire Code Comp
100,010 (100,010) -
Quonset Hangar/Armory - 3,025,000 3,025,000
Asset Protection 200,000 - 200,000
Total - National Guard 12,544,031 1,801,909 14,345,940
Emergency Management
General Revenues 829,452 (96,125) 733,327
Federal Funds 23,694,978 7,077,667 30,772,645
Restricted Receipts 285,385 (66,561) 218,824
Total - Emergency Management 24,809,815 6,914,981 31,724,796
Grand Total - Military Staff 37,353,846 8,716,890 46,070,736
E-911 Emergency
Telephone System
General Revenues 4,485,669 (387,308) 4,098,361
Federal Funds 70,936 99,832 170,768
Restricted Receipts 2,312,113 (1,052,684) 1,259,429
Grand Total - E-911 Emergency Telephone System
6,868,718 (1,340,160) 5,528,558
Fire Safety Code
Board of Appeal and Review
General Revenues 289,299 (3,931) 285,368
State Fire Marshal
General Revenue 2,838,049 (481,224) 2,356,825
Federal Funds 191,000 283,565 474,565
DEA Forfeiture Funds - 12,599 12,599
Grand Total - State Fire Marshal 3,029,049 (185,060) 2,843,989
Commission on
Judicial Tenure and Discipline
General Revenues 114,772 (20,556) 94,216
Rhode Island Justice
Commission
General Revenues 163,972 39,331 203,303
Federal Funds 4,707,722 (439,037) 4,268,685
Restricted Receipts 30,000 - 30,000
Grand Total - Rhode Island Justice Commission
4,901,694 (399,706) 4,501,988
Municipal Police
Training Academy
General Revenues 425,710 (31,090) 394,620
Federal Funds 45,000 35,000 80,000
Grand Total - Municipal Police Training Academy
470,710 3,910 474,620
State Police
General Revenues 49,047,151 4,822,985 53,870,136
Federal Funds 1,743,907 333,876 2,077,783
Restricted Receipts 235,411 378,922 614,333
Traffic Enforcement - Municipal Training
454,596 211,379 665,975
Rhode Island Capital Plan Funds
Headquarters Repairs/Renovations
340,000 2,474 342,474
Lottery Commission Assistance 155,127 (15,725) 139,402
Airport Corporation - 137,380 137,380
Road Construction Reimbursement 2,366,598 248,777 2,615,375
Grand Total - State Police 54,342,790 6,120,068 60,462,858
Office of Public
Defender
General Revenues 9,326,545 (777,991) 8,548,554
Federal Funds 135,701 125,543 261,244
Grand Total - Office of Public Defender
9,462,246 (652,448) 8,809,798
Environmental
Management
Office of the Director
General Revenues 6,475,699 (115,182) 6,360,517
Federal Funds 1,495,287 91,542 1,586,829
Restricted Receipts 1,895,300 (14,322) 1,880,978
Total Office of the Director 9,866,286 (37,962) 9,828,324
Natural Resources
General Revenues 18,708,114 (301,526) 18,406,588
Federal Funds 19,130,040 698,285 19,828,325
Restricted Receipts 4,154,765 219,901 4,374,666
Rhode Island Capital Plan Funds
Dam Repair 300,000 (273,840) 26,160
Recreational Facilities
Improvement 500,000 (59,000) 441,000
Fort Adams Rehabilitation 250,000 - 250,000
Jamestown Fishing Pier 100,000 (100,000) -
Wickford Marine Facility 223,310 510,000 733,310
Galilee Piers Upgrade 200,000 (125,000) 75,000
Newport Piers 150,000 (150,000) -
DOT Recreational Projects 73,417 51,148 124,565 Blackstone Bikepath Design 1,284,821 (1,279) 1,283,542
Total - Natural Resources 45,074,467 468,689 45,543,156
Environmental
Protection
General Revenues 12,346,683 (551,352) 11,795,331
Federal Funds 13,161,108 4,942,118 18,103,226
Restricted Receipts 11,502,175 1,134,897 12,637,072
Total - Environmental Protection 37,009,966 5,525,663 42,535,629
Grand Total - Environmental Management
91,950,719 5,956,390 97,907,109
Coastal Resources
Management Council
General Revenues 2,112,667 18,057 2,130,724
Federal Funds 1,599,392 460,353 2,059,745
Restricted Receipts 3,195,000 (2,206,039) 988,961
Rhode Island Capital Plan Funds
Allins Cove - 5,500 5,500
Grand Total - Coastal Resources Mgmt. Council
6,907,059 (1,722,129) 5,184,930
State Water Resources
Board
General Revenues 1,937,302 (200,630) 1,736,672
Federal Funds - 64,122 64,122
Restricted Receipts 400,000 (354,203) 45,797
Rhode Island Capital Plan Funds
Big River Management Area 80,600 9,835 90,435
Grand Total - State Water Resources Board
2,417,902 (480,876) 1,937,026
Transportation
Central Management
Federal Funds 5,161,535 11,986,445 17,147,980 Gasoline Tax 3,098,421 373,978 3,472,399
Total - Central Management 8,259,956 12,360,423 20,620,379
Management and Budget
Gasoline Tax 1,709,378 2,818,974 4,528,352
Infrastructure
Engineering GARVEE/Motor Fuel Tax Bond
Federal Funds 232,584,994 22,926,546 255,511,540
Restricted Receipts 3,066,699 (2,422,139) 644,560
Gasoline Tax 49,053,371 (1,541,084) 47,512,287
Land Sale Revenue 2,000,000 7,186,273 9,186,273
RICAP - RIPTA - Land and Buildings - 100,830 100,830
State Infrastructure Bank 1,000,000 343,714 1,343,714
RICAP - Pawtucket Central Falls Train Station 25,000 35,000 60,000
Total - Infrastructure Engineering 287,730,064 26,629,140 314,359,204
Infrastructure
Maintenance
Gasoline Tax 40,815,043 (4,024,296) 36,790,747
Non-Land Surplus Property - 372,523 372,523
Outdoor Advertising 75,000 128,423 203,423
Resurfacing Design 250,000 (250,000) -
Total - Infrastructure Maintenance 41,140,043 (3,773,350) 37,366,693
Grand Total Transportation 338,839,441 38,035,187 376,874,628
Statewide Totals
General Revenues 3,221,527,107 3,193,958 3,224,721,065
Federal Funds 1,948,173,147 66,492,944 2,014,666,091
Restricted Receipt Funds 129,069,782 7,387,380 136,457,162
Other Funds 1,366,179,366 (12,761,556) 1,353,417,810
Statewide Grand Total 6,664,949,402 64,312,726 6,729,262,128
SECTION 2.
Each line appearing in Section 1 of this Article shall constitute an
appropriation.
SECTION 3. Notwithstanding any
provisions of Chapter 1-42 in Title 39 of the Rhode Island General Laws, the
Public Utilities Commission shall transfer from the Dual Party Phone Relay Fund
to the General Fund the sum of four hundred fifty thousand dollars ($450,000)
prior to June 30, 2007.
SECTION 4. Section 8 of Article 1 of Chapter 246 of the Public Laws of 2006 authorizes the reappropriation of any unexpended funds from the Rhode Island Capital Plan Fund for the purposes for which they were originally appropriated. The following is a listing of those projects completed in FY 2006 for which reappropriated funds are no longer required. The amounts listed are hereby withdrawn and the State Controller is authorized to return these funds to the Rhode Island Capital Plan Fund.
FY 2007 FY
2007 FY 2007
RICAP Project Enacted Balance Forward Final
Mil Staff-Emergency Operations Center 0 1,023 0
Corrections-Heating and Temperature Control 0 259,888 0
Corrections-High Security Infrastructure 0 161,449 0
Judicial-Licht Foundation Integrity 0 2,797 0
Judicial-Fogarty Judicial Complex 0 1,835 0
Judicial-Licht Window Restoration 0 10,996 0
SECTION 5. 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 January 1, 2007, are as follows:
Unissued
Amount
To Termination
Purpose Statutory Reference Be Extended
Date
Clean Water Act Environmental Ch. 289-P.L. of 1986 $1,764,627 June 30, 2010
Trust
Elementary and Secondary Educ. Ch. 70-P.L. of 1994 $420,000 June 30, 2009
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 6. (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 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 non-general 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:
FY 2007 FY 2007 FY 2007
Account Enacted Change Final
State Assessed Fringe Benefit Internal Service Account
30,515,107 217,922 30,733,029
Administration Central Utilities Internal Service Account
18,797,979 6,069,589 24,867,568
State Central Mail Internal Service Account 5,268,011 448,616 5,716,627
State Telecommunications Internal Service Account 2,232,829 769,883 3,002,712
State Automotive Fleet Internal Service Account 14,656,702 (50,131) 14,606,571
State Surplus Property Internal Service Account 17,715 0 17,715
Capital Police Internal Service Account 559,158 (17,115) 542,043
Health Insurance Internal Service Fund 244,184,576 (7,138,187) 237,046,389
MHRH Central Pharmacy Internal Service Account 10,332,218 (88,131) 10,244,087
MHRH Laundry Services Internal Service Account 1,407,510 (208,178) 1,199,332
Corrections General Services & Warehouse Internal Service Account
6,126,014 1,180,933 7,306,947
Corrections Howard Center Telephone Operations Internal Service Acct.
707,955 (707,955) 0
Correctional Industries Internal Service Account 6,945,525 2,255,052 9,200,577
Secretary of State Record Center Internal Service
Account 1,156,600 19,131 1,175,731
SECTION 7. Appropriation of Lottery Division Funds There is hereby appropriated to the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of paying commissions or transfers to prize funds for the fiscal year ending June 30, 2007.
SECTION 8. 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.
FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 1,077.3
1,065.2
Business Regulation 102.7
103.0
Labor and Training 467.9
Revenue 472.1
473.0
Legislature 275.2
294.0
Lieutenant Governor General 9.5
Secretary of State 55.9
56.0
General Treasurer 86.2
86.5
Boards for Design Professionals 3.8 4.0
Board of Elections 14.3
14.0
Rhode Island Ethics Commission 11.4
12.0
Office of the Governor 46.0
Public Utilities Commission 45.7
Rhode Island Commission on Women 0.9 1.0
Health and Human Services 5.0
Children, Youth, and Families 789.8 789.0
Elderly Affairs 50.5
48.0
Health 465.6
Human Services 1,111.0
Mental Health, Retardation, and Hospitals 1,817.3 1,824.3
Office of the Child Advocate 5.8
Commission on the Deaf and Hard of Hearing 2.8 3.0
RI Developmental Disabilities Council 2.0
Governor's Commission on Disabilities 6.3 6.6
Commission for Human Rights 14.4
14.5
Office of the Mental Health Advocate 3.5 3.7
Elementary and Secondary Education 325.5 131.2
Davies 133.0
School for the Deaf 68.0
Office of Higher Education 21.0
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 1,940.1
Provided that 602.0 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island College 843.5
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 750.2
Provided that 100.0 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island Council on the Arts 8.6
RI Atomic Energy Commission
8.2 8.6
Higher Education Assistance Authority 45.6 46.0
Historical Preservation and Heritage Commission 17.0 17.6
Public Telecommunications Authority 21.4 20.0
Office of the Attorney General 221.9 234.8
Corrections 1,498.6
Judicial 723.4
732.5
Military Staff 103.1
109.0
E-911 Emergency Telephone System 49.9 53.6
Fire Safety Code Bd. of Appeal and Review 2.8 3.0
RI State Fire Marshal 36.1
36.0
Commission on Judicial Tenure and Discipline .09 1.0
Rhode Island Justice Commission 6.4
7.6
Municipal Police Training Academy 3.7 4.0
State Police 268.5
273.0
Office of the Public Defender 93.5
Environmental Management 503.5
505.3
Coastal Resources Management Council 28.5 30.0
Water Resources Board 8.5
9.0
Transportation 779.7 786.7
Total 15,253.0 16,106.7
SECTION 9. This article shall take effect upon passage.
ARTICLE 7 SUBSTITUTE A AS AMENDED
RELATING TO TAXATION
SECTION 1. Sections 44-62-4 and 44-62-6 of the General
Laws in Chapter 44-62 entitled Tax Credits for Contributions to Scholarship
Organizations are hereby amended to read as follows:
44-62-4. Calculation of tax credit and issuance of tax credit
certificate. (a) When the contribution has
been made as set forth in section 3 above, the business entity shall apply to
the division of taxation for a tax credit certificate. The application will
include such information, documentation, and certification as the tax
administrator deems proper for the administration of this chapter including,
but not limited to a certification by an independent Rhode Island certified
public accountant that the cash contribution has actually been made to the
qualified scholarship organization. For purposes of the proper administration
of this section, an independent Rhode Island certified public accountant shall
be licensed in accordance with RIGL 5-3.1 and means a person, partnership,
corporation, limited liability corporation that is not affiliated with or an
employee of said business entity or its affiliates and is not affiliated in any
manner whatsoever with a qualified scholarship organization or scholarship
program as defined in § 42-62-2 (a) (j).
(b) The division of taxation
will review the documentation submitted; calculate the tax credit pertaining to
the contribution, and prepare and mail a certificate for amount of credit to be
granted.
(c) Unless a two year contribution
plan is in place, the credit, is computed at seventy-five percent (75%) of the
total voluntary cash contribution made by the business entity.
(d) The credit is
available against taxes otherwise due under provisions of chapters 11, 13, 14,
15 or 17 of this title. This
credit is available against taxes otherwise due under provisions of chapters
11, 13, 14, 15, 17 or 30 of title 44.
(e) A two year contribution
plan is based on the written commitment of the business entity to provide the
scholarship organization with the same amount of contribution for two (2)
consecutive tax years. The business entity must provide in writing a commitment
to this extended contribution to the scholarship organization and the division
of taxation at the time of application.
(2) In the event that a two
year contribution plan is in place, the calculation of credit for each year
shall be ninety percent (90%) of the total voluntary contribution made by a
business entity.
(3) In the event that, in the
second year of the plan, a business entity's contribution falls below the
contribution amount made in the first year but the second year's contribution
is eighty percent (80%) or greater than the first year's contribution, the
business entity shall receive a credit for both the first and second year
contributions equal to ninety percent (90%) of each year's contribution.
(4) If the amount of the
second year contribution is less than eighty percent (80%) of the first year
contribution, then the credit for both the first and second year contributions
shall be equal to seventy-five percent (75%) of each year's contribution. In
such case, the tax administrator shall prepare the tax credit certificate for
the second year at seventy-five percent (75%). The difference in credit allowable
for the first year [90% 75% = 15% x first year contribution] shall be
recaptured by adding it to the taxpayer's tax in that year.
44-62-6. Definitions. The following words and
phrases used in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
(1)
"Business entity" means an entity authorized to do business in this
state and subject to taxes imposed under chapters 44-11, 44-13, 44-14, 44-15
and 44-17 of the general laws. Business
entities also include Subchapter S Corporations, Limited Liability
Partnerships, and Limited Liability Corporations.
(2) "Division of
taxation" means the Rhode Island division of taxation.
SECTION 2. Section
44-11-11 of the General Laws in Chapter 44-11 entitled "Business
Corporation Tax" is hereby amended to read as follows:
44-11-11. "Net income" defined. --
(a) (1) "Net income" means for any taxable year and for any corporate
taxpayer, the taxable income of the taxpayer for that taxable year under the laws
of the United States, plus (i) any interest not included in the taxable income,
(ii) any specific exemptions, and (iii) the tax imposed by this chapter,
and (iv) any deductions required to be added back to net income under the
provisions of paragraph (f) of this section, and minus (iv)(v)
interest on obligations of the United States or its possessions, and other
interest exempt from taxation by this state, and (v)(vi) the
federal net operating loss deduction.
(2) All binding federal elections made by or on behalf of the
taxpayer applicable either directly or indirectly to the determination of
taxable income shall be binding on the taxpayer except where this chapter or
its attendant regulations specifically modify or provide otherwise. However,
Rhode Island taxable income shall not include the "grossup of
dividends" required by the federal Internal Revenue Code to be taken into
taxable income in connection with the taxpayer's election of the foreign tax
credit.
(b) A net operating loss deduction shall be allowed which shall be
the same as the net operating loss deduction allowed under 26 U.S.C. section
172, except that: (1) any net operating loss included in determining the
deduction shall be adjusted to reflect the inclusions and exclusions from
entire net income required by subsection (a) and section 44-11-11.1, (2) the
deduction shall not include any net operating loss sustained during any taxable
year in which the taxpayer was not subject to the tax imposed by this chapter,
and (3) the deduction shall not exceed the deduction for the taxable year
allowable under 26 U.S.C. section 172; provided, that the deduction for a
taxable year may not be carried back to any other taxable year for Rhode Island
purposes but shall only be allowable on a carry forward basis for the five (5)
succeeding taxable years.
(c) Domestic international sales corporations, referred to as
DISCs, for the purposes of this chapter, will be treated as they are under
federal income tax law and shall not pay the amount of the tax computed under
section 44-11-2(a). Any income to shareholders of DISCs is to be treated in the
same manner as it is treated under federal income tax law as it exists on
December 31, 1984.
(d) A corporation which qualifies as a foreign sales corporation
(FSC) under the provisions of subchapter N, 26 U.S.C. section 861 et seq., and
which has in effect for the entire taxable year a valid election under federal
law to be treated as a FSC, shall not pay the amount of the tax computed under
section 44-11-2(a). Any income to shareholders of FSCs is to be treated in the
same manner as it is treated under federal income tax law as it exists on
January 1, 1985.
(e) As used in this section:
(1) Affiliated group has
the same meaning as in section 1504 of the Internal Revenue Code.
(2) Intangible expenses and
costs includes: (A) expenses, losses and costs for, related to, or in
connection directly or indirectly with the direct or indirect acquisition, use,
maintenance or management, ownership, sale, exchange, or any other disposition
of intangible property to the extent such amounts are allowed as deductions or
costs in determining taxable income before operating loss deduction and special
deductions for the taxable year under the Internal Revenue Code; (B) losses
related to or incurred in connection directly or indirectly with factoring
transactions or discounting transactions; (C) royalty, patent, technical and
copyright fees; (D) licensing fees; and (E) other similar expenses and costs.
(3) Intangible property
means patents, patent applications, trade names, trademarks, service marks,
copyrights and similar types of intangible assets.
(4) Interest expenses and
costs means amounts directly or indirectly allowed as deductions under section
163 of the Internal Revenue Code for purposes of determining taxable income
under the Internal Revenue Code to the extent such expenses and costs are
directly or indirectly for, related to, or in connection with the direct or
indirect acquisition, maintenance, management, ownership, sale, exchange or
disposition of intangible property.
(5) Related member means a
person that, with respect to the taxpayer during all or any portion of the
taxable year, is a related entity, as defined in this subsection, a component
member as defined in section 1563(b) of the Internal Revenue Code, or is a
person to or from whom there is attribution of stock ownership in accordance
with section 1563(e) of the Internal Revenue Code.
(6) Related entity means:
(A) a stockholder who is an individual, or a member of the stockholders family
enumerated in section 318 of the Internal Revenue Code, if the stockholder and
the members of the stockholders family own directly, indirectly, beneficially
or constructively, in the aggregate, at least fifty percent (50%) of the value
of the taxpayers outstanding stock; (B) a stockholder, or a stockholders
partnership, limited liability company, estate, trust or corporation, if the
stockholder and the stockholders partnership, limited liability companies,
estates, trusts and corporations own directly, indirectly, beneficially or
constructively, in the aggregate, at least fifty percent (50%) of the value of
the taxpayers outstanding stock; or (C) a corporation, or a party related to
the corporation in a manner that would require an attribution of stock from the
corporation to the party or from the party to the corporation under the
attribution rules of section 318 of the Internal Revenue Code, if the taxpayer
owns, directly, indirectly, beneficially or constructively, at least fifty
percent (50%) of the value of the corporations outstanding stock. The
attribution rules on section 318 of the Internal Revenue Code shall apply for
purposes of determining whether the ownership requirements of this subdivision
have been met.
(f) For purposes of computing
its net income under this section, a corporation shall add back otherwise
deductible interest expenses and costs and intangible expenses and costs
directly or indirectly paid, accrued or incurred to, or in connection directly
or indirectly with one or more direct or indirect transactions with, one or
more related members.
(1) The adjustments required
in subsection (f) of this section shall not apply if the corporation
establishes by clear and convincing evidence that the adjustments are
unreasonable, as determined by the tax administrator or the corporation and the
tax administrator agree in writing to the application or use of an alternative
method of apportionment under section 44-11-15. Nothing in this subsection
shall be construed to the limit or negate the tax administrators authority to
otherwise enter into agreements and compromises otherwise allowed by law.
(2) The adjustments required
in subsection (f) of this section shall not apply to such portion of interest
expenses and costs and intangible expenses and costs that the corporation can
establish by the preponderance of the evidence meets both of the following: (A)
the related member during the same income year directly or indirectly paid,
accrued or incurred such portion to a person who is not a related member; and
(B) the transaction giving rise to the interest expenses and costs or the
intangible expenses and costs between the corporation and the related member
did not have as a significant purpose the avoidance of any portion of the tax
due under chapter 44-11.
(3) The adjustments required
in subsection (f) shall not apply if the corporation establishes by clear and
convincing evidence, as determined by the tax administrator, that: (i) a
principal purpose of the transaction giving rise to the payment of interest was
not to avoid payment of taxes due under this chapter; (ii) the interest is paid
pursuant to a contract that reflects an arm's length rate of interest and terms;
and (iii)(A) the related member was subject to tax on its net income in this
state or another state or possession of the United States or a foreign nation;
(B) a measure of said tax included the interest received from the taxpayer; and
(C) the effective rate of tax applied to the interest received by the related
member is no less than the effective
rate of tax applied to the taxpayer under this chapter minus 3 percentage
points.
(4) Partial Adjustments The
add back required in subsection (f) shall not be required in part if a portion
of the add back would be unreasonable. A portion of the add back will be considered unreasonable to the extent that
the taxpayer establishes to the tax administrator by clear and convincing
evidence that interest or intangible expense was paid, accrued or incurred to a
related member that is taxed on the corresponding income by a state, U.S.
possession or foreign jurisdiction. An adjustment to the add back will be
allowed based on a factor determined by the apportioned tax rate of the related
member in the other jurisdiction compared to the apportioned tax rate of the
taxpayer in this state. A taxpayer that seeks to claim this adjustment must
file a schedule that sets forth the information required by the tax administrator.
(g) Nothing in this section shall require a corporation to add to
its net income more than once any amount of interest expenses and costs or
intangible expenses and costs that the corporation pays, accrues or incurs to a
related member described in subsection (b) of this section.
(h) Any taxpayer required to
make an adjustment required in subsection (f) for tax years beginning on or
after January 1, 2008, is additionally required to report to the tax
administrator, on forms required by him, the amount of any adjustments that
would have been required if the law applied to tax years beginning on or after
January 1, 2007.
(i) Nothing in this section shall be
construed to limit or negate the tax administrator authority to make
adjustments under section 44-11-15.
SECTION 3.
Section 44-26-2.1 of the General Laws in Chapter 44-26 entitled
"Declaration of Estimated Tax by Corporations" is hereby amended to
read as follows:
44-26-2.1. Declaration -- Due date -- Payment -- Interest. --
(a) Notwithstanding any general or specific statute to the contrary, every
corporation having a taxable year ending December 31, 1990, or thereafter,
shall file a declaration of its estimated tax for the taxable year ending
December 31, 1990, or thereafter, if its estimated tax can reasonably be
expected to exceed five hundred dollars ($500). The declaration, sworn to by
the officer of the corporation who is required to sign its return under any of
the chapters and section mentioned in section 44-26-1 shall contain the
pertinent information and be in the form that the tax administrator may
prescribe. The entire amount of the estimated tax shall constitute the amount
of the advance required to be paid. (b)
(1) Except as provided in subdivision (2) of this subsection, the declaration of
estimated tax required of corporations by subsection (a) of this section shall
be filed as follows:
If the requirements of The
declaration shall subsection (a) of this section are be filed on or before:
first met: before the first day of the third month of the taxable year the
fifteenth day of the third month of the taxable year; after the first day of
the third month and before the first day of the sixth month of the taxable year
the fifteenth day of the sixth month of the taxable year.
(2) The declaration of estimated tax required of corporations
subject to section 27-3-38 relating to surplus line brokers premium tax or
under any special act or acts in lieu of the provisions of that section or in
amendment of or in addition to that section shall be filed as follows:
If the requirements of The
declaration shall subsection (a) of this section are be filed on or before:
first met: Before the first day of the fourth month of the taxable year the
thirtieth day of the fourth month of the taxable year After the first day of
the fourth month and before the first day of the sixth month of the taxable
year the thirtieth day of the sixth month of the taxable year After the first
day of the sixth month and before the first day of the tenth month of the
taxable year the thirtieth day of the tenth month of the taxable year After the
first day of the tenth month and before the first day of the twelfth month of
the taxable year the thirty-first day of the twelfth month of the taxable year
(c) An amendment of a declaration may be filed in any interval
between installment dates prescribed for the taxable year, but only one
amendment may be filed in each interval.
(d) The tax administrator may grant a reasonable extension of time, not
to exceed thirty (30) days, for filing a declaration. (e) (1) The amount of the advance based on the estimated tax
declared under subsection (a) of this section by corporations described in
subdivision (b)(1) of this section shall be paid as follows: (i) If the declaration is filed on or before
the fifteenth (15th) day of the third (3rd) month of the taxable year, the
advance shall be paid in two (2) installments. The first installment in the
amount of forty percent (40%) of the estimated tax shall be paid at the time of
the filing of the declaration. The second and last installment in the amount of
sixty percent (60%) of the estimated tax shall be paid on or before the
fifteenth (15th) day of the sixth (6th) month of the taxable year. (ii) If the declaration is filed after the
fifteenth (15th) day of the third (3rd) month of the taxable year and is not
required by subsection (b) of this section to be filed on or before the
fifteenth (15th) day of the third (3rd) month of the taxable year, but is
required to be filed on or before the fifteenth (15th) day of the sixth (6th)
month, the advance shall be paid in full at the time of filing. (2) The amount of the advance based in the
estimated tax declared under subsection (a) of this section by corporations
listed in subdivision (b)(2) of this section shall be paid as follows: (i) If the declaration is filed on or before
the thirtieth (30th) day of the fourth (4th) month of the taxable year, the
advance shall be paid in four (4) equal installments. The first installment
shall be paid on or before the thirtieth (30th) day of the fourth (4th) month
of the taxable year, and the second (2nd), third (3rd), and fourth (4th)
installments shall be paid on or before the thirtieth (30th) day of the sixth
(6th) month, the thirtieth (30th) day of the tenth (10th) month, and the
thirty-first (31st) day of the twelfth (12th) month of the taxable year,
respectively. (ii) If the declaration
is filed before the thirtieth (30th) day of the sixth (6th) month of the
taxable year, the advance shall be paid in three (3) equal installments. The
first installment shall be paid on or before the thirtieth (30th) day of the
sixth (6th) month of the taxable year and the second (2nd) and third (3rd)
installments shall be paid on or before the thirtieth (30th) day of the tenth
(10th) month and the thirty-first (31st) day of the twelfth (12th) month of the
taxable year respectively. (iii) If the
declaration is filed on or before the thirtieth (30th) day of the tenth (10th) month
of the taxable year, the advance shall be paid in two (2) equal installments.
The first installment shall be paid on or before the thirtieth (30th) day of
the tenth (10th) month of the taxable year and the second installment shall be
paid on or before the thirty-first (31st) day of the twelfth (12th) month of
the taxable year. (iv) If the
declaration is filed after the time prescribed in subdivision (b)(2) of this
section, including cases in which an extension of time for filing the
declaration has been granted, there shall be paid at the time of the filing all
installments of the advance which would have been payable on or before that
time if the declaration had been filed within the time prescribed in
subdivision (b)(2) of this section. (f)
If the declaration is filed after the time prescribed in subsection (b) of this
section including cases in which an extension of time for filing the
declaration has been granted, paragraph (e)(1)(ii) of this section does not
apply, and there shall be paid at the time of the filing all installments of the
advance which would have been payable on or before that time if the declaration
had been filed within the time prescribed in subsection (b). (g) If any amendment of a declaration is
filed, the installment payable on or before the fifteenth (15th) day of the
sixth (6th) month, if any, or in the case of corporations licensed as surplus
line brokers under section 27-3-38, the installments payable on or before the
thirtieth (30th) days of the sixth (6th) or tenth (10th) month and thirty-first
(31st) day of the twelfth (12th) month are ratably increased or decreased, as
the case may be, to reflect the increase or decrease, as the case may be, in
the estimated tax by reason of the amendment.
(h) At the election of the corporation, any installment of the advance
may be paid prior to the date prescribed for payment. (i) In the case of any underpayment of the advance by a
corporation, except as provided in this section, there is added to the tax due
under chapters 11 -- 15 and 17 of this title, or section 27-3-38, for the
taxable year an amount determined at the rate described in section 44-1-7 upon
the amount of the underpayment for the period of the underpayment. For the
purpose of this subsection, the "amount of the underpayment" is the
excess of the amount of the installment or installments which would be required
to be paid if the advance payments were equal to eighty percent (80%) of the
tax shown on the return for the taxable year. For the purposes of this
subsection, the "period of the underpayment" is the period from the
date the installment was required to be paid to the date prescribed under any
of the chapters previously mentioned in this section for the payment of the tax
for the taxable year or, with respect to any portion of the underpayment, the
date on which the portion is paid, whichever date is the earlier. A payment of
the advance on the fifteenth (15th) day of the sixth (6th) month, or for
section 27-3-38 on the thirtieth (30th) day of the sixth (6th) month, of the
taxable year is considered a payment of any previous underpayment only to the
extent that the payment exceeds the amount of the installment due on the
fifteenth (15th) day of the sixth (6th) month, or for section 27-3-38 on the
thirtieth (30th) day of the sixth (6th) month, of the taxable year. (j) Notwithstanding the provisions of this
section, the addition to the tax with respect to any underpayment of any
installment is not imposed if the total amount of all payments of the advance
made on or before the last date prescribed for payment of the installment
equals or exceeds the amount which would have been required to be paid on or
before that date if the amount of the advance was an amount equal to one
hundred percent (100%) of the tax computed at the rates applicable to the
taxable year but otherwise on the basis of the fact shown on the return of the
corporation for and the law applicable to the preceding taxable year. (k) This section is effective for estimated
payments being made by corporations for taxable years ending on or after
December 31, 1990.
(l) Notwithstanding any other
provisions of this section any taxpayer required to make an adjustment in
accordance with section 44-11-11(f) in a tax year beginning in calendar year
2008 shall compute estimated payments for that tax year as follows:
(1) The installments must
equal 100% of the tax due for the prior year plus any additional tax due for
the current year adjustment under section 44-11-11(f), or
(2) That installments must
equal 100% of the current year tax liability.
SECTION 4. Section 44-11-14 of the General Laws
in Chapter 44-11 entitled "Business Corporation Tax" is hereby
amended to read as follows:
44-11-14. Allocation of income from business partially within state. --
(a) In the case of a taxpayer deriving its income from sources both within and
outside of this state or engaging in any activities or transactions both within
and outside of this state for the purpose of profit or gain, its net income
shall be apportioned to this state by means of an allocation fraction to be
computed as a simple arithmetical mean of three (3) fractions:
(1) The first of these fractions shall represent that part held or
owned within this state of the average net book value of the total tangible
property (real estate and tangible personal property) held or owned by the
taxpayer during the taxable year, without deduction on account of any
encumbrance thereon;
(2) The second fraction shall represent that part of the
taxpayer's total receipts from sales or other sources during the taxable year
which is attributable to the taxpayer's activities or transactions within this
state during the taxable year; meaning and including within that part, as being
thus attributable, receipts from:
(i) Gross sales of its tangible personal property (inventory sold
in the ordinary course of business) where : (A) shipments are made to
points within this state; or
(B) shipments are made from
an office, store, warehouse, factory or other place of storage in this state
and the taxpayer is not taxable in the state of the purchase and the taxpayer
is not taxable in the state of the purchase.
(ii) Gross income from
services performed within the state;
(iii) Gross income from rentals from property situated within the
state;
(iv) Net income from the sale of real and personal property, other
than inventory sold in the ordinary course of business as described in
paragraph (i) of this subdivision, or other capital assets located in the
state;
(v) Net income from the sale or other disposition of securities or
financial obligations; and
(vi) Gross income from all other receipts within the state;
(3) The third fraction shall represent that part of the total
wages, salaries, and other compensation to officers, employees, and agents paid
or incurred by the taxpayer during the taxable year which is attributable to
services performed in connection with the taxpayer's activities or transactions
within this state during the taxable year.
(b) Notwithstanding any of the provisions of this section, revenue
and expenses subject to the gross earnings tax pursuant to chapter 13 of this
title shall not be included in the calculation described in this section.
SECTION 5. Sections
44-30-2.6 and 44-30-2.7 of the General Laws in Chapter 44-30 entitled
"Personal Income Tax" are 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). However, for tax years beginning on or after January 1, 2006, a
taxpayer may elect to use the alternative flat tax rate provided in section
44-30-2.10 to calculate his or her personal income tax liability.
(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).
(2) For the period January 1,
2007 through December 31, 2007, and thereafter, Rhode Island taxable income
shall be determined by deducting from federal adjusted gross income as defined
in 26 U.S.C. section 62 as modified by the modifications in section 44-30-12
the Rhode Island itemized deduction amount and the Rhode Island exemption
amount as determined in this section.
(A) Tax imposed.
(1) There is hereby imposed
on the taxable income of married individuals filing joint returns and surviving
spouses a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $53,150 3.75% of
taxable income
Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over
$53,150
Over $128,500 but not over
$195,850 $7,267.63 plus 7.75% of the excess over $128,500
Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over
$195,850
Over $349,700 $26,333.75 plus 9.90% of
the excess over $349,700
(2) There is hereby imposed
on the taxable income of every head of household a tax determined in accordance
with the following table:
If taxable income is: The tax is:
Not over $42,650 3.75% of
taxable income
Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over
$42,650
Over $110,100 but not over
$178,350 $6,320.88 plus 7.75% of the excess over $110,100
Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over
$178,350
Over $349,700 $27,031.75 plus 9.90% of
the excess over $349,700
(3) There is hereby imposed
on the taxable income of unmarried individuals (other than surviving spouses
and heads of households) a tax determined in accordance with the following
table:
If taxable income is: The tax is:
Not over $31,850 3.75% of
taxable income
Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess
over $31,850
Over $77,100 but not over
$160,850 $4,361.88 plus 7.75% of the excess over $77,100
Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over
$160,850
Over $349,700 $27,849.00 plus 9.90% of
the excess over $349,700
(4) There is hereby imposed
on the taxable income of married individuals filing separate returns and
bankruptcy estates a tax determined in accordance with the following table:
If taxable income is: The tax is:
Not over $26,575 3.75% of
taxable income
Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over
$26,575
Over $64,250 but not over
$97,925 $3,633.81 plus 7.75% of the excess over $64,250
Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over
$97,925
Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850
(5)There is hereby imposed a
taxable income of an estate or trust a tax determined in accordance with the
following table:
If taxable income is: The tax is:
Not over $2,150 3.75%
of taxable income
Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess
over $2,150
Over $5,000 but not over $7,650 $280.13
plus 7.75% of the excess over $5,000
Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess
over $7,650
Over $10,450 $737.50 plus 9.90% of
the excess over $10,450
(6) Adjustments for
inflation.
The dollars amount contained
in paragraph (A) shall be increased by an amount equal to:
(a) such dollar amount
contained in paragraph (A) in the year 1993, multiplied by;
(b) the cost-of-living
adjustment determined under section (J) with a base year of 1993;
(c) the cost-of-living
adjustment referred to in subparagraph (a) and (b) used in making adjustments
to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts
shall be determined under section (J) by substituting "1994" for
"1993."
(B) Maximum capital gains
rates
(1) In general
If a taxpayer has a net
capital gain for any taxable year, the tax imposed by this section for such
taxable year shall not exceed the sum of:
(a) 2.5 % of the net capital
gain as reported for federal income tax purposes under section 26 U.S.C.
1(h)(1)(a) and 26 U.S.C. 1(h)(1)(b).
(b) 5% of the net capital
gain as reported for federal income tax purposes under 26 U.S.C. 1(h)(1)(c).
(c) 6.25% of the net capital
gain as reported for federal income tax purposes under 26 U.S.C. 1(h)(1)(d).
(d) 7% of the net capital
gain as reported for federal income tax purposes under 26 U.S.C. 1(h)(1)(e).
(C) Itemized deductions.
(1) In general
For the purposes of section
(2) "itemized deductions" means the amount of federal itemized
deductions as modified by the modifications in section 44-30-12.
(2) Individuals who do not
itemize their deductions
In the case of an individual
who does not elect to itemize his deductions for the taxable year, they may
elect to take a standard deduction.
(3) Basic standard deduction.
The Rhode Island standard
deduction shall be allowed in accordance with the following table:
Filing status Amount
Single $5,350
Married filing jointly or
qualifying widow(er) $8,900
Married filing separately $4,450
Head of Household $7,850
(4) Additional standard
deduction for the aged and blind.
An additional standard
deduction shall be allowed for individuals age sixty-five (65) or older or
blind in the amount of $1,300 for individuals who are not married and $1,050
for individuals who are married.
(5) Limitation on basic
standard deduction in the case of certain dependents.
In the case of an individual
to whom a deduction under section (E) is allowable to another taxpayer, the
basic standard deduction applicable to such individual shall not exceed the
greater of:
(a) $850;
(b) the sum of $300 and such
individual's earned income;
(6) Certain individuals not
eligible for standard deduction.
In the case of:
(a) a married individual
filing a separate return where either spouse itemizes deductions;
(b) nonresident alien
individual;
(c) an estate or trust;
The standard deduction shall
be zero.
(7) Adjustments for
inflation.
Each dollars amount contained
in paragraphs (3), (4) and (5) shall be increased by an amount equal to:
(a) such dollar amount
contained in paragraphs (3), (4) and (5) in the year 1988, multiplied by
(b) the cost-of-living
adjustment determined under section (J) with a base year of 1988.
(D) Overall Limitation on
Itemized Deductions
(1) General rule.
In the case of an individual whose
adjusted gross income as modified by section 44-30-12 exceeds the applicable
amount, the amount of the itemized deductions otherwise allowable for the
taxable year shall be reduced by the lesser of:
(a) Three percent (3%) of the
excess of adjusted gross income as modified by section 44-30-12 over the
applicable amount; or
(b) Eighty percent (80%) of
the amount of the itemized deductions otherwise allowable for such taxable
year.
(2) Applicable amount.
(a) In general.
For purposes of this section,
the term "applicable amount" means $156,400 ($78,200 in the case of a
separate return by a married individual)
(b) Adjustments for
inflation.
Each dollar amount contained
in paragraph (a) shall be increased by an amount equal to:
(i) such dollar amount
contained in paragraph (a) in the year
1991, multiplied by
(ii) the cost-of-living
adjustment determined under section (J) with a base year of 1991.
(3) Phase-out of Limitation.
(a) In general.
In the case of taxable year
beginning after December 31, 2005, and before January 1, 2010, the reduction
under section (1) shall be equal to the applicable fraction of the amount which
would be the amount of such reduction.
(b) Applicable fraction.
For purposes of paragraph
(a), the applicable fraction shall be determined in accordance with the
following table:
For taxable years beginning
in calendar year The
applicable fraction is
2006 and 2007 2/3
2008 and 2009 1/3
(E) Exemption Amount
(1) In general.
Except as otherwise provided
in this subsection, the term "exemption amount" mean $3,400.
(2) Exemption amount
disallowed in case of certain dependents.
In the case of an individual
with respect to whom a deduction under this section is allowable to another
taxpayer for the same taxable year, the exemption amount applicable to such
individual for such individual's taxable year shall be zero.
(3) Adjustments for
inflation.
The dollar amount contained
in paragraph (1) shall be increased by an amount equal to:
(a) such dollar amount
contained in paragraph (1) in the year 1989, multiplied by
(b) the cost-of-living
adjustment determined under section (J) with a base year of 1989.
(4) Limitation.
(a) In general.
In the case of any taxpayer
whose adjusted gross income as modified for the taxable year exceeds the threshold
amount shall be reduced by the applicable percentage.
(b) Applicable percentage.
In the case of any taxpayer
whose adjusted gross income for the taxable year exceeds the threshold amount,
the exemption amount shall be reduced by two (2) percentage points for each
$2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for
the taxable year exceeds the threshold amount.
In the case of a married individual filing a separate return, the preceding
sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall
the applicable percentage exceed one hundred percent (100%).
(c) Threshold Amount.
For the purposes of this
paragraph, the term "threshold amount" shall be determined with the
following table:
Filing status Amount
Single $156,400
Married filing jointly of
qualifying widow(er) $234,600
Married filing separately $117,300
Head of Household $195,500
(d) Adjustments for
inflation.
Each dollars amount contain
in paragraph (b) shall be increased by an amount equal to:
(i) such dollar amount
contained in paragraph (b) in the year 1991, multiplied by
(ii) the cost-of-living
adjustment determined under section (J) with a base year of 1991.
(5) Phase-out of Limitation.
(a) In general.
In the case of taxable years
beginning after December 31, 2005, and before January 1, 2010, the reduction
under section 4 shall be equal to the applicable fraction of the amount which
would be the amount of such reduction.
(b) Applicable fraction.
For the purposes of paragraph
(a), the applicable fraction shall be determined in accordance with the
following table:
For taxable years beginning
in calendar year The
applicable fraction is
2006 and 2007 2/3
2008 and 2009 1/3
(F) Alternative Minimum Tax
(1) General rule There is
hereby imposed (in addition to any other tax imposed by this subtitle) a tax
equal to the excess (if any) of:
(a) the tentative minimum tax
for the taxable year, over
(b) the regular tax for the
taxable year.
(2) The tentative minimum tax
for the taxable year is the sum of:
(a) 6.5 percent of so much of
the taxable excess as does not exceed $175,000, plus
(b) 7.0 percent of so much of
the taxable excess above $175,000.
(3) The amount determined under
the preceding sentence shall be reduced by the alternative minimum tax foreign
tax credit for the taxable year.
(4) Taxable excess For the
purposes of this subsection the term "taxable excess" means so much
of the federal alternative minimum taxable income as modified by the
modifications in section 44-30-12 as exceeds the exemption amount.
(5) In the case of a married
individual filing a separate return, subparagraph (2) shall be applied by
substituting "$87,500" for $175,000 each place it appears.
(6) Exemption amount.
For purposes of this section
"exemption amount" means:
Filing status Amount
Single $39,150
Married filing jointly or
qualifying widow(er) $53,700
Married filing separately $26,850
Head of Household $39,150
Estate or trust $24,650
(7) Treatment of unearned
income of minor children
(a) In general.
In the case of a minor child,
the exemption amount for purposes of section (6) shall not exceed the sum of:
(i) such child's earned
income, plus
(ii) $6,000.
(8) Adjustments for
inflation.
The dollar amount contained
in paragraphs (6) and (7) shall be increased by an amount equal to:
(a) such dollar amount
contained in paragraphs (6) and (7) in the year 2004, multiplied by
(b) the cost-of-living
adjustment determined under section (J) with a base year of 2004.
(9) Phase-out.
(a) In general.
The exemption amount of any
taxpayer shall be reduced (but not below zero) by an amount equal to
twenty-five percent (25%) of the amount by which alternative minimum taxable
income of the taxpayer exceeds the threshold amount.
(b) Threshold amount.
For purposes of this
paragraph, the term "threshold amount" shall be determined with the
following table:
Filing status Amount
Single $123,250
Married filing jointly or
qualifying widow(er) $164,350
Married filing separately $82,175
Head of Household $123,250
Estate or Trust $82,150
(c) Adjustments for inflation
Each dollar amount contained
in paragraph (9) shall be increased by an amount equal to:
(i) such dollar amount
contained in paragraph (9) in the year 2004, multiplied by
(ii) the cost-of-living
adjustment determined under section (J) with a base year of 2004.
(G) Other Rhode Island Taxes
(1) General rule There is
hereby imposed (in addition to any other tax imposed by this subtitle) a tax
equal to twenty-five percent (25%) of':
(a) The Federal income tax on
lump-sum distributions.
(b) The Federal income tax on
parents' election to report child's interest and dividends.
(c) The recapture of Federal
tax credits that were previously claimed on Rhode Island return.
(H) Tax for children under 18
with investment income
(1) General rule There is
hereby imposed a tax equal to twenty-five percent (25%) of:
(a) The Federal tax for
children under the age of 18 with investment income.
(I) Averaging of farm income
(1) General Rule At the
election of an individual engaged in a farming business or fishing business,
the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:
(a) The Federal averaging of
farm income as determined in IRC section 1301.
(J) Cost-of-Living Adjustment
(1) In general.
The cost-of-living adjustment
for any calendar year is the percentage (if any) by which:
(a) the CPI for the preceding
calendar year exceeds
(b) the CPI for the base
year.
(2) CPI for any calendar
year.
For purposes of paragraph
(1), the CPI for any calendar year is the average of the Consumer Price Index
as of the close of the twelve (12) month period ending on August 31 of such
calendar year.
(3) Consumer Price Index
For purposes of paragraph
(2), the term "consumer price index" means the last consumer price
index for all urban consumers published by the department of labor. For purposes of the preceding sentence, the revision
of the consumer price index which is most consistent with the consumer price
index for calendar year 1986 shall be used.
(4) Rounding.
(a) In general.
If any increase determined
under paragraph (1) is not a multiple of $50, such increase shall be rounded to
the next lowest multiple of $50.
(b) In the case of a married
individual filing a separate return, subparagraph (a) shall be applied by
substituting "$25" for $50 each place it appears.
(d) (K) 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.
(e) (L) Credit Against Tax for Adoption. - For tax
years beginning on or after January 1, 2006, a taxpayer entitled to the federal
adoption credit shall be entitled to a credit against the Rhode Island tax
imposed under this section if the adopted child was under the care, custody, or
supervision of the Rhode Island department of children, youth and families
prior to the adoption.
(f) (M) The credit shall be twenty-five percent
(25%) of the aforementioned federal credits 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.
(N) Rhode Island Earned
Income Credit
(1) In general.
A taxpayer entitled to a
federal earned income credit shall be allowed a Rhode Island earned income
credit equal to twenty-five percent (25%) of the federal earned income
credit. Such credit shall not exceed
the amount of the Rhode Island income tax.
(2) Refundable portion.
In the event the Rhode Island
earned income credit allowed under section (J) exceeds the amount of Rhode
Island income tax, a refundable earned income credit shall be allowed.
(a) For purposes of paragraph
(2) refundable earned income credit means fifteen percent (15%) of the amount
by which the Rhode Island earned income credit exceeds the Rhode Island income
tax.
(O) The tax administrator
shall recalculate and submit necessary revisions to paragraphs (A) through (J)
to the general assembly no later than February 1, 2010 and every three (3)
years thereafter for inclusion in the statute.
44-30-2.7. Capital gains rates for assets held more than five (5) years.
(a) All capital assets purchased prior to January 1,
2002 and sold on or after January 1, 2007, shall be deemed to have a holding
period beginning January 1, 2002. For tax years beginning in 2007, the capital
gains rate for assets held more than five (5) years shall be eight and
one-third percent (8.33%) of the federal capital gains rate(s) which were in
effect prior to the enactment of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (EGTRRA). as follows:
(i) 0.83% of the net capital
gain as reported for federal income tax purposes under 26 U.S.C. section 1(h)(1)(a)
and 26 U.S.C. section 1(h)(1)(b).
(ii) 1.67% of the net capital
gain as reported for federal income tax purposes under 26 U.S.C. section
1(h)(1)(c).
(iii) 2.08% of the net
capital gain as reported for federal income tax purposes under 26 U.S.C. section
1(h)(1)(d).
(iv) 2.33% of the net capital
gain as reported for federal income tax purposes under 26 U.S.C. section
1(h)(1)(e).
Beginning in tax year 2008
and thereafter, the capital gains rate for assets held more than five (5) years
shall be zero percent (0%).
SECTION 6. Section
44-30-98 of the General Laws in Chapter 44-30 entitled "Personal Income
Tax" is hereby repealed.
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, fifteen percent (15%) of the excess Rhode Island earned income credit
will be refunded for the 2006 taxable year and each taxable year thereafter.
SECTION 7. Section 42-141-5 of the General Laws in
Chapter 42-141 entitled Affordable Energy is hereby amended to read as
follows:
42-141-5. Affordable energy fund.
(1) A special account is hereby established in the state treasury to be called
the "affordable energy fund."
(2) Money remaining in the fund at the end of a fiscal year
shall remain available for expenditure in successive fiscal years.
(3) The fund shall be used for only those purposes
enumerated in subsection (d).
(b) Financing
of the fund.
The fund shall consist of the following sources:
(1) Sums the legislature may appropriate;
(2) Moneys received from federal, state, private donor or
other sources for the purpose of energy affordability by low income households;
(3) Fees required pursuant to subsection (c); and
(4) Any interest earned on the moneys in the fund.
(1) [Effective July 1, 2007]. An affordable energy
fee in an amount set forth in this subsection shall be imposed on gross
receipts of electricity and gas companies and gross receipts on the sale of
heating fuels not used for residential heating. The fee shall be remitted to
the division of taxation according to the applicable schedule for the remission
of the gross receipts tax as provided for in chapter 44-13 or the sales and use
as provided for in chapter 44-18. The fees shall be as follows:
(i) Gas. Effective January 1,
2009, one-quarter of one percent (0.25%) of the gross receipts tax of gas
companies subject to the provisions of chapter 44-13 Public Service
Corporation Tax. Effective January 1, 2010, one-half of one percent (0.50%) of
the gross receipts of gas companies subject to the provisions of chapter 44-13
Public Service Corporation Tax. Effective January 1, 2011 three-quarters
of one percent (0.75%) of the gross
receipts of gas companies subject to the provisions of chapter 44-13 Public
Service Corporation Tax. Effective January 1, 2012 and each January 1
thereafter Oone percent (1%) of the gross receipts of gas
companies subject to the provisions of chapter 44-13, "Public Service
Corporation Tax".
(ii)
Electricity.
Effective January 1, 2009, one-quarter of one percent (0.25%) of the gross
receipts tax of electric companies subject to the provisions of chapter 44-13
Public Service Corporation Tax. Effective January 1, 2010, one-half of one
percent (0.50%) of the gross receipts of electric companies subject to the
provisions of chapter 44-13 Public Service Corporation Tax. Effective January
1, 2011, three-quarters of one percent (0.75%) of the gross receipts of electric
companies subject to the provisions of chapter 44-13 Public Service
Corporation Tax. Effective January 1, 2012 and each January 1 thereafter, Oone percent (1%) of the
gross receipts of electric companies subject to the provisions of chapter
44-13, "Public Service Corporation Tax".
(iii) Heating
fuel other than natural gas and electricity. Effective January 1, 2009, one-half percent (.50%) of
gross receipts from the sales and use of heating fuel subject to the provisions
of chapter 44-18 Sales and Use Taxes Liability and Computation. Effective
January 1, 2010, one percent (1.0%) of gross receipts from the sales and use of
heating fuel subject to the provisions of chapter 44-18 Sales and Use Taxes
Liability and Computation. Effective
January 1, 2011, one and one-half percent (1.5%) of gross receipts from the
sales and use of heating fuel subject to the provisions of chapter 44-18.
Effective January 1, 2012 and each January 1 thereafter Ttwo
percent (2%) of gross receipts from the sales and use of heating fuel subject
to the provisions of chapter 44-18. "Sales and Use Taxes Liability and
Computation".
(2) Every person from whom an affordable energy fee is due
shall be liable for the fee until it has been paid to the state.
(1) The commissioner may use money from the fund to:
(i) Support weatherization and energy conservation
educational programs and weatherization and energy conservation services for
low-income and very low income households;
(ii) Compensate electric and gas distribution companies for
revenues lost due to the reductions in distribution and customer charges, in
accordance with a plan approved by the commission, to very low income
households, and if feasible to low income households, which shall, as a first
priority, be used to provide up to a fifty percent (50%) reduction in the
distribution and customer charges for a reasonable and prudent use by very
low-income households of gas and electricity that does not exceed average use
for comparable dwelling units.
(iii) Defray the cost of heating fuel delivered to very low
income households by an amount not to exceed twenty-five percent (25%) of the
allowable cost of heating fuel and a total usage by the household, supported
assistance from all sources overseen by the commissioner, that is reasonable
and prudent and does not exceed average use for comparable dwelling units.
(iv) It is not the purpose of the fund to reduce the amount
of assistance a household would otherwise receive from LIHEAP and other sources
in the absence of the fund or to subsidize utility rates in effect as of July
1, 2006, and provided for by law.
(2) If the commissioner determines it is in the public
interest to allocate funds for the purposes set forth in subparagraph (1)(ii)
above, the commissioner shall notify the commission of the amount of funds to
be allocated for a specified period. The commission shall then direct the
electric and/or gas distribution companies to file amendments to the
appropriate tariffs to implement rate reductions designed to provide the rate
reduction consistent with the amount allocated for the period designated, which
amendments are subject to the review and approval of the commission. Once
approval is given, the allocated funds shall be transferred to the gas and/or
electric distribution company. Any funds held after transfer shall accumulate
interest at the customer deposit rate ("interest"). If, at the end of
the rate reduction period, there are any unused dollars from the fund, such
dollars shall be returned to the affordable energy fund with interest.
Likewise, if at the end of the rate reduction period, there were not enough funds
allocated to cover the rate reduction as designed, the shortfall will be
reimbursed from the affordable energy fund with interest; provided, however, if
there are no additional funds available from the fund, such shortfall or
uncovered balance of such shortfall will be recovered with interest from all
customers in a manner and over the period approved by the commission.
(1) The commissioner shall administer the fund in accordance
with this chapter.
(2) The commissioner in consultation with the department
shall adopt procedures governing the expenditure of, and accounting for, money
expended from the fund.
(3) The commissioner is responsible for insuring that there
are adequate moneys available in the fund to carry out the purposes of this
section.
(4) The commissioner shall maintain accounting records
showing the income and expenses of the fund.
(f) Expenditure
of fund money.
Disbursements may be made from the fund for the following purposes:
(1) Necessary administrative expenses, personnel expenses
and equipment costs of the office related to this section which shall not
exceed ten percent (10%) of the revenue of the fund;
(2) All costs to effectuate the purposes of the fund as set
forth in subsection (d).
(g) Report to
the legislature.
The commissioner shall submit a report to the legislature not later than the
tenth (10th) day following the convening of each regular session of the
legislature. The report may include information considered significant by the
commissioner but must include:
(1) The amount of money expended under § 42-141-5 during the
preceding fiscal year;
(2) The amount and source of money received during the
preceding fiscal year;
(3) A detailed summary of activities funded by the fund
during the preceding fiscal year;
(4) The projected cost to the fund for affordable energy
programs in the next fiscal year.
SECTION 8. Section
44-13-4 of the General Laws in Chapter 44-13 entitled Public Service
Corporation Tax is hereby amended to read as follows:
44-13-4. Rate of taxation. The tax imposed will be at the following rates:
(1) In the case of every corporation whose principal
business is a steamboat or ferryboat business as a common carrier, every common
carrier steam or electric railroad corporation, every street railway
corporation, every common carrier dining, sleeping, chair, or parlor car
corporation, every corporation whose principal business is selling and
distributing water to the public, and every toll bridge corporation, one and
one-fourth percent (1.25%) of its gross earnings;
(2) In the case of every corporation whose principal
business is manufacturing, selling, distributing and/or transmitting currents
of electricity to be used for light, heat, or motive power, four percent (4%)
of its gross earnings, but deductions shall be made of gross earnings from the
transmission or sale of electricity to other public utility corporations,
non-regulated power producers, or municipal utilities for resale, whether
within or outside of this state; provided, that the tax measured by the portion
of the utility's gross earnings as is derived from the manufacture and sale of
illuminating and heating gas and its by-products and the merchandising of gas
appliances shall be computed at the rate of three percent (3%); provided,
however, that effective July 1, 2007 January 1, 2009, the amount
of the tax herein established shall be reduced by the fee due and paid to the
affordable energy fund established by § 42-141-5;
(3) In the case of every express corporation carrying on its
business on steamboats, steam or electric railroads, or street railways and of
every public service corporation whose principal business is that of a
telegraph corporation, four percent (4%) of its gross earnings;
(4) In the case of every telecommunications corporation
providing telecommunications service, ten percent (10%) of its gross earnings;
provided, that the rate shall be nine percent (9%) effective July 1, 1985,
eight percent (8%) effective July 1, 1986, seven percent (7%) effective July 1,
1987, six percent (6%) effective July 1, 1988, and five percent (5%) effective
July 1, 1997. For purposes of this chapter, "telecommunications service"
means the transmission of any interactive two-way electromagnetic
communications including voice, image, data, and other information, by means of
wire, cable, including fiber optical cable, microwave, and radio wave, or any
combinations of these media. This definition does not include value added
non-voice services in which computer processing applications are used to act on
the form, content, code, and protocol of the information to be transmitted;
(5) In the case of every public service cable corporation,
eight percent (8%) of its gross earnings;
(6) In the case of every corporation whose principal
business is manufacturing, selling and/or distributing to the public
illuminating or heating gas, three percent (3%) of its gross earnings.
SECTION 9. Section
44-18-30.D of the General Laws in Chapter 44-18 entitled Sales and Use Taxes
Liability and Computation is hereby amended to read as follows:
44-18-30.D. Credit for fees to the affordable energy fund. Effective July 1, 2007 January
1, 2009, there shall be a credit, of the amount of the fee due and paid to
the affordable energy fund established by § 42-141-5, against the gross
receipts tax for the sales and use of heating fuel not exempted from taxation
pursuant to subsection 44-18-30(20).
SECTION 10.
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, the gross weight of
which is not more than four thousand pounds (4,000 lbs.): 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 not more than four thousand pounds (4,000 lbs.):
(i) Not more than four
thousand pounds (4,000 lbs.): thirty-four dollars ($34.00);.
(3) For the registration of
every automobile, motor truck or tractor, when equipped with pneumatic tires,
the gross weight of which is:
(ii)(i)
More than four thousand pounds (4,000 lbs.), but not more than five thousand
pounds (5,000 lbs.): forty dollars ($40.00);
(iii)(ii)
More than five thousand pounds (5,000 lbs.), but not more than six thousand
pounds (6,000 lbs.): forty-eight dollars ($48.00);
(iv) (iii)
More than six thousand pounds (6,000 lbs.), but not more than seven thousand
pounds (7,000 lbs.): fifty-six dollars ($56.00);
(v) (iv)
More than seven thousand pounds (7,000 lbs.), but not more than eight thousand
pounds (8,000 lbs.): sixty-four dollars ($64.00);
(vi) (v)
More than eight thousand pounds (8,000 lbs.), but not more than nine thousand
pounds (9,000 lbs.): seventy dollars ($70.00);
(vii) (vi)
More than nine thousand pounds (9,000 lbs.), but not more than ten thousand
pounds (10,000 lbs.): seventy-eight dollars ($78.00);
(viii) (vii)
More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand
pounds (12,000 lbs.): one hundred six dollars ($106);
(ix) (viii)
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) (ix)
More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen
thousand pounds (16,000 lbs.): one hundred forty dollars ($140);
(xi) (x)
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) (xi)
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) (xii)
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) (xiii)
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) (xiv)
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) (xv)
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) (xvi)
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) (xvii)
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) (xviii)
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) (xix)
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) (xx)
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) (xxi)
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) (xxii)
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) (xxiii)
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) (xxiv)
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) (xxv)
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) (xxvi)
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) (xxvii)
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) (xxviii)
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) (xxix)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) (xxx)
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) (xxxi)
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) (4)
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) (5)
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) (6)
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) (7)
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) (8)
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) (9)
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) (10)
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) (11)
For the registration of motor vehicles used for racing, fifteen dollars
($15.00).
(11) (12)
For every duplicate registration certificate, seventeen dollars ($17.00).
(12) (13)
For every certified copy of a registration certificate or application, ten
dollars ($10.00).
(13) (14)
For every certificate assigning a special identification number or mark as
provided in § 31-3-37, one dollar ($1.00).
(14) (15)
For every replacement of number plates or additional pair of number plates,
without changing the number, thirty dollars ($30.00).
(15) (16)
For the registration of every farm vehicle, used in farming as provided in §
31-3-31, ten dollars ($10.00).
(16) (17)
For the registration of antique motor vehicles, five dollars ($5.00).
(17) (18)
For the registration of a suburban vehicle, when used as a pleasure vehicle and
the gross weight of which is not more than four thousand pounds (4,000 lbs.),
the same rates as charged in subdivision (1) of this subsection shall be
applicable and when used as a commercial vehicle and the gross weight of
which is not more than four thousand pounds (4,000 lbs.), the same rates as
provided in subdivision (2) of this subsection shall be applicable. The rates in subdivision (3) of this
subsection shall be applicable when the suburban vehicle has a gross weight of more
than four thousand pounds (4,000 lbs.), regardless of the use of the
vehicle.
(18) (19)
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) (20)
For the registration of every motorized bicycle, ten dollars ($10.00).
(20) (21)
For the registration of every motorized tricycle, ten dollars ($10.00).
(21) (22)
For the replacement of number plates with a number change, twenty dollars
($20.00).
(22) (23)
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) (24)
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) (25)
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) (26)
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 11
Section 31-3-17.1 of the General Laws in Chapter 31-3 entitled
"Registration of Vehicles" is hereby amended to read as follows:
31-3-17.1. Courtesy plates. -- The administrator of the
division of motor vehicles shall design and issue under regulations that he or
she deems appropriate, special courtesy automobile, motorcycle, and commercial
registration plates to be used on passenger motor vehicles, motorcycles, and
all commercial vehicles whose gross weight is not more than nine thousand
pounds (9,000 lbs.) in lieu of other number plates. Special plates shall be of
such design and shall bear such letters or combinations of letters and numbers
as the administrator of the division of motor vehicles shall prescribe, and
shall be made of light-reflecting sheeting applied on a metal base, provided
that no automobile set of plates shall contain more than six (6) letters and
numbers in a combination of letters and numbers, or less than two (2) letters,
and that no motorcycle plate shall contain more than five (5) letters or more
than five (5) letters and numbers in a combination or less than two (2)
letters, and that a commercial courtesy plate shall be marked
"commercial," and shall contain no more than five (5) letters or more
than five (5) letters and numbers in a combination or less than two (2)
letters, and provided further, that there shall be no duplication of
identification and the administrator of the division of motor vehicles shall in
his or her discretion refuse to issue any letter or combination of letters and
numbers which might carry connotations offensive to good taste and decency. A
special automobile or commercial courtesy plate shall be issued upon
application using forms furnished by the administrator of the division of motor
vehicles, and upon payment, in addition to the regular prescribed motor vehicle
registration fee, a service charge of thirty dollars ($30.00) sixty
dollars ($60.00) for each issue and for each registration renewal. For
motorcycles, a special courtesy plate shall be issued upon application using
forms furnished by the division of motor vehicles, and upon payment, in
addition to the regular prescribed motor vehicle registration fee, a service
charge of seventeen dollars ($17.00) thirty-four dollars ($34.00)
for each issue and for each registration renewal. The service charge shall be
paid to the administrator of the division of motor vehicles prior to the
administrator's acceptance of the application. The Rhode Island state lottery
commission shall not be required to pay the service charge for any special
courtesy plate issued pursuant to this section for motor vehicles owned or used
by the lottery commission, and may utilize the special courtesy plates on all
types of vehicles owned or operated by the lottery commission.
SECTION 12.
Business Income Taxes Combined Reporting:
The Division of Taxation with the assistance of the Office of Revenue
Analysis shall prepare and submit to the General Assembly by December 1, 2008,
a report concerning the policy and fiscal ramifications of changing the
corporation tax and other business income taxes to a combined method of
reporting. The report and legislation shall be transmitted to the Chairperson
of the House Finance Committee and the Chairperson of the Senate Finance
Committee with copies to the House and Senate Fiscal Advisors.
SECTION 13. Section
3-4-1 of the General Laws in Chapter 3-4 entitled "Transportation of
Beverages" is hereby amended to read as follows:
3-4-1. Importation orders. (a) Except as
otherwise provided, it is unlawful to import beverages into this state. A
person desiring to import beverages into this state may place with the division
of taxation an order directed to a dealer for the beverage he or she desires to
import and shall satisfy the division of taxation of his or her intention to
pay for the merchandise. The division of taxation shall execute these orders
unless doing so would involve some illegal act or the doing of an act which would
be cause for the forfeiture of any license issued under this title.
(b) All sellers, dealers,
merchants, wholesalers and retailers of beverages who advertise in the state of
Rhode Island, or whose advertisements are reasonably anticipated to circulate
in this state shall prominently and conspicuously include within the
advertisement a notice printed using a font size equal to but not larger than
the font size of the largest price designation featured in the advertisement
stating that the importation of beverages into the state, after purchase
outside of the state, are subject to Rhode Island sales tax, and the failure to
pay such tax may result in the seizure of such beverages upon entry into the
state.
(c) Any entity accepting
commercial advertisements from any seller, dealer, merchant, wholesaler or
retailer of beverages shall not publish such advertisement for the sale of such
beverages unless the advertisement includes the notice set forth in this
section.
SECTION 14. Sections
44-11-1, 44-11-2 and 44-11-11 of the General Laws in Chapter 44-11 entitled
"Business Corporation Tax" are hereby amended to read as follows:
44-11-1. Definitions. -- For the purpose of this
chapter:
(1)(a) "Captive
REIT" means a corporation, trust or association:
(i) that is considered a real
estate investment trust for the taxable year under section 856 of the Internal
Revenue Code;
(ii) that is not regularly
traded on an established securities market; and
(iii) more than fifty percent
(50%) of the voting power or value of the beneficial interests or shares of
which at any time during the last half of the taxable year, is owned or
controlled, directly or indirectly, by a single entity that is subject to the
provisions of Subchapter C of Chapter 1 of the Internal Revenue Code; and
(b) "Captive REIT"
does not include:
(i) a corporation, trust or
association more than fifty percent (50%) of the voting power or value of the
beneficial interests or shares of which, at any time during which the corporation,
trust or association satisfies item (1)(iii) of this subsection, is owned or
controlled, directly or indirectly, by:
(A) a real estate investment
trust other than a real estate investment trust described in item (i) of this
subsection; or
(B) a person exempt from taxation
under section 501(a) of the Internal Revenue Code; or
(C) a
listed Australian Property Trust; and.
(ii) subject to regulations that
the tax administrator adopts, a real estate investment trust that is intended
to become regularly traded on an established securities market and that
satisfies the requirements of section 865(A)(5) and (6) of the Internal Revenue
Code by reason of section 856(h)(2) of the Internal Revenue Code; and
(c) For purposes of this
section, the constructive ownership rules prescribed under section 318(a) of
the Internal Revenue Code, as modified by section 856(d)(5) of the Internal
Revenue Code, shall apply in determining the ownership of stock, assets or net
profits of any person.
(1) (2) "Corporation" means every
corporation, joint-stock company, or association, wherever incorporated, a
real estate investment trust, a regulated investment company, a personal holding
company registered under the Federal Investment Company Act of 1940, 15 U.S.C.
section 80a-1 et seq., and also a trustee or trustees conducting a business
where interest or ownership is evidenced by certificates or other written
instruments, deriving any income from sources within this state or engaging in
any activities or transactions within this state for the purpose of profit or
gain, whether or not an office or place of business is maintained in this
state, or whether or not the income, activities, or transactions are connected
with intrastate, interstate, or foreign commerce, except:
(i) State banks, mutual savings banks, federal savings banks,
trust companies, national banking associations, building and loan associations,
credit unions, and loan and investment companies;
(ii) Public service corporations included in chapter 13 of this
title, except as otherwise provided in section 44-13-2.2;
(iii) Insurance and surety companies;
(iv) Corporations specified in section 7-6-4, incorporated hospitals,
schools, colleges, and other institutions of learning not organized for
business purposes and not doing business for profit and no part of the net
earnings of which inures to the benefit of any private stockholder or
individual, whether incorporated under any general law of this state or by any
special act of the general assembly of this state;
(v) Fraternal beneficiary societies as set forth in section
27-25-1;
(vi) Any corporation expressly exempt from taxation by charter;
(vii) Corporations which together with all corporations under
direct or indirect common ownership that satisfies the other requirements of
this paragraph employ not less than five (5) full-time equivalent employees in
the state; which maintain an office in the state; and activities within the
state which are confined to the maintenance and management of their intangible
investments or of the intangible investments of corporations or business trusts
registered as investment companies under the Investment Company Act of 1940, 15
U.S.C. section 80a-1 et seq., and the collection and distribution of the income
from those investments or from tangible property physically located outside the
state. For purposes of this paragraph, "intangible investments"
includes, without limitation, investments in stocks, bonds, notes, and other
debt obligations, including debt obligations of affiliated corporations,
patents, patent applications, trademarks, trade names, copyrights, and similar
types of intangible assets.
(2) (3) "Fiscal year" means an accounting
period of twelve (12) months ending on the last day of any month other than
December.
(3) (4) "Place of business" means a
regular place of business, which, in turn, means any bona fide office, other
than a statutory office, factory, warehouse, or other space which is regularly
used by the taxpayer in carrying on its business. Where, as a regular course of
business, property of the taxpayer is stored by it in a public warehouse until
it is shipped to customers, the warehouse is considered a regular place of
business of the taxpayer and, where as a regular course of business, raw
material or partially furnished goods of a taxpayer are delivered to an
independent contractor to be converted, processed, finished, or improved and
the finished goods remain in the possession of the independent contractor until
shipped to customers, the plant of the independent contractor is considered a
regular place of business of the taxpayer. The mere consignment of goods by the
taxpayer to an independent factor outside this state for sale at the
consignee's discretion does not constitute the taxpayer as having a regular
place of business outside this state.
(4) (5) "Taxable year" means the calendar
year or the fiscal year ending during the calendar year upon the basis of which
the net income is computed under this chapter. "Taxable year" means,
in the case of a return made for a fractional part of a year under the
provisions of this chapter or under regulations prescribed by the tax
administrator, the period for which the return is made.
(5) (6) "Taxpayer" means and includes any
corporation subject to the provisions of this chapter.
44-11-2. Imposition of tax. -- (a) Each corporation shall
annually pay to the state a tax equal to nine percent (9%) of net income, as defined
in section 44-11-11, qualified in section 44-11-12, and apportioned to this
state as provided in sections 44-11-13 -- 44-11-15, for the taxable year.
(b) A corporation shall pay the amount of any tax as computed in
accordance with subsection (a) of this section after deducting from "net
income," as used in this section, fifty percent (50%) of the excess of
capital gains over capital losses realized during the taxable year, if for the
taxable year:
(1) The corporation is engaged in buying, selling, dealing in, or
holding securities on its own behalf and not as a broker, underwriter, or
distributor;
(2) Its gross receipts derived from these activities during the
taxable year amounted to at least ninety percent (90%) of its total gross
receipts derived from all of its activities during the year. "Gross
receipts" means all receipts, whether in the form of money, credits, or
other valuable consideration, received during the taxable year in connection
with the conduct of the taxpayer's activities.
(c) A corporation shall not pay the amount of the tax computed on
the basis of its net income under subsection (a) of this section, but shall
annually pay to the state a tax equal to ten cents ($.10) for each one hundred
dollars ($100) of gross income for the taxable year or a tax of one hundred
dollars ($100), whichever tax shall be the greater, if for the taxable year the
corporation is either a "personal holding company" registered under
the federal Investment Company Act of 1940, 15 U.S.C. section 80a-1 et seq.,
"regulated investment company", or a "real estate investment
trust" as defined in the federal income tax law applicable to the taxable
year. "Gross income" means gross income as defined in the federal
income tax law applicable to the taxable year, plus:
(1) Any interest not included in the federal gross income; minus
(2) Interest on obligations of the United States or its
possessions, and other interest exempt from taxation by this state; and minus
(3) Fifty percent (50%) of the excess of capital gains over
capital losses realized during the taxable year.
(d) (1) A small business corporation having an election in effect
under subchapter S, 26 U.S.C. section 1361 et seq., shall not be subject to the
Rhode Island income tax on corporations, except that the corporation shall be
subject to the provisions of subsection (a), to the extent of the income that
is subjected to federal tax under subchapter S.
(2) The shareholders of the corporation who are residents of Rhode
Island shall include in their income their proportionate share of the
corporation's federal taxable income.
(3) [Deleted by P.L. 2004, ch. 595. art. 29, section 1.]
(4) [Deleted by P.L. 2004, ch. 595, art. 29, section 1.]
(e) Minimum tax. The tax imposed upon any corporation under this
section shall not be less than five hundred dollars ($500).
44-11-11. "Net income" defined. --
(a) (1) "Net income" means, for any taxable year and for any
corporate taxpayer, the taxable income of the taxpayer for that taxable year
under the laws of the United States, plus:
(i) Any interest not included in the taxable income;
(ii) Any specific exemptions; and
(iii) For a captive REIT, an
amount equal to the amount of the dividends paid deduction allowed under the
Internal Revenue Code for the taxable year; and
(iii)(iv)
The tax imposed by this chapter; and minus
(iv)(v) Interest on obligations of the United States
or its possessions, and other interest exempt from taxation by this state; and
(v)(vi) The federal net operating loss deduction.
(2) All binding federal elections made by or on behalf of the
taxpayer applicable either directly or indirectly to the determination of
taxable income shall be binding on the taxpayer except where this chapter or its
attendant regulations specifically modify or provide otherwise. Rhode Island
taxable income shall not include the "gross-up of dividends" required
by the federal Internal Revenue Code to be taken into taxable income in
connection with the taxpayer's election of the foreign tax credit.
(b) A net operating loss deduction shall be allowed which shall be
the same as the net operating loss deduction allowed under 26 U.S.C. section
172, except that:
(1) Any net operating loss included in determining the deduction
shall be adjusted to reflect the inclusions and exclusions from entire net
income required by subsection (a) of this section and section 44-11-11.1;
(2) The deduction shall not include any net operating loss
sustained during any taxable year in which the taxpayer was not subject to the
tax imposed by this chapter; and
(3) The deduction shall not exceed the deduction for the taxable
year allowable under 26 U.S.C. section 172; provided, that the deduction for a
taxable year may not be carried back to any other taxable year for Rhode Island
purposes but shall only be allowable on a carry forward basis for the five (5)
succeeding taxable years.
(c) "Domestic international sales corporations"
(referred to as DISCs), for the purposes of this chapter, will be treated as
they are under federal income tax law and shall not pay the amount of the tax
computed under section 44-11-2(a). Any income to shareholders of DISCs is to be
treated in the same manner as it is treated under federal income tax law as it
exists on December 31, 1984.
(d) A corporation which qualifies as a "foreign sales
corporation" (FSC) under the provisions of subchapter N, 26 U.S.C. section
861 et seq., and which has in effect for the entire taxable year a valid election
under federal law to be treated as a FSC, shall not pay the amount of the tax
computed under section 44-11-2(a). Any income to shareholders of FSCs is to be
treated in the same manner as it is treated under federal income tax law as it
exists on January 1, 1985.
SECTION 15. Sections 10 and 11 of this article shall take
effect as of July 1, 2007. Sections 2 and 3 shall take effect upon passage and
apply for tax years beginning on or after January 1, 2008. The remainder of
this article shall take effect upon passage.
ARTICLE 8 SUBSTITUTE A
Relating To PUBLIC FINANCE sTATE bUDGET
SECTION 1. Sections
35-3-20 and 35-3-20.1 of the General Laws in Chapter 35-3 entitled "State
Budget" are hereby amended to read as follows:
35-3-20. State budget reserve and cash stabilization account. [Effective until July 1, 2007.] -- (a) There is hereby created within the general fund a state budget reserve and cash stabilization account, which shall be administered by the state controller and which shall be used solely for the purpose of providing such sums as may be required to fund any unanticipated general revenue deficit caused by a general revenue shortfall as identified by the state controller at the close of any fiscal year as provided in subsection (d).
(b) In carrying out the provisions of
section 35-3-20.1, the state controller shall initially, at fiscal year
opening, transfer the amount identified as that fiscal year's projected
estimate; the transfer shall be adjusted at the end of the fiscal year in order
to conform to the requirements of section 35-3-20.1.
In carrying out
the provisions of section 35-3-20.1, the state controller shall, based on that
fiscal years estimate, transfer the amounts needed to fund cash requirements during
the fiscal year; the transfer shall be adjusted at the end of the fiscal year
in order to conform to the requirements of section 35-3-20.1. To the extent
that funds so transferred are not needed by the state bond capital fund the
funds may be loaned back to the general fund.
(c) Whenever the aggregate of the monies and securities held for the credit of the state budget reserve and cash stabilization account exceeds three percent (3%) of total fiscal year resources, consisting of the aggregate of (1) actual revenues from taxes and other departmental general revenue sources; and (2) the general revenue balance available for appropriations at the beginning of the fiscal year; the excess shall be transferred to the state's bond capital fund, to be used solely for the purposes of reduction of state indebtedness, payment of debt service, and/or funding of capital projects.
(d) (1) At any time prior to June 1 after
the third quarter of a fiscal year, upon notification by the budget
officer that it is indicated that total resources which are defined to be
the aggregate of estimated general revenue, general revenue receivables, other
financing sources and available free surplus in the general fund will be
less than the original estimates upon which current appropriations were based,
the governor may submit to the general assembly a resolution for
proposed may make appropriations from the state budget reserve and
cash stabilization account for the difference between the estimated total
resources and the original estimates upon which enacted appropriations were
based, but only in the amount of the difference. The budget officer's
notification shall be based upon the revenues projected at latest state
revenue estimating conference pursuant to chapter 16 of title 35 as reported by
the chairperson of that conference. The general assembly shall adopt a
resolution stating the amount of the total resources upon which the enacted
appropriations were based in order to authorize the controller to make the
transfer from the state budget reserve and cash stabilization account to
achieve those total resources. The resolution shall be referred in the
manner prescribed in section 35-3-9.
(2) After Once the general assembly
has taken final action by the general assembly defining the total
resources to be achieved through amounts to be withdrawn from the
state budget reserve and cash stabilization account, the state controller shall
transfer to the state's general fund balance available the exact amount necessary
to achieve the total resources specified in the enacted resolution from the
state budget reserve and cash stabilization account based upon the actual
difference between the total resources and the original estimates upon which
enacted appropriations were based.
(e) Whenever a
transfer has been made pursuant to subsection (d), that transfer shall be
considered as estimated general revenues for the purposes of determining the
amount to be transferred to the Rhode Island Capital Plan fund for the purposes
of subsection 35-3-20.1(b).
(e)(f) Whenever a transfer has
been made pursuant to subsection (d), the amount of the transfer shall be returned
transferred to the Rhode Island Capital Plan fund budget
reserve and cash stabilization account from funds payable into the general
revenue fund pursuant to section 35-3-20.1 in the second fiscal year
following the fiscal year in which the transfer was made., and, if
necessary, in subsequent fiscal years.
35-3-20. State budget reserve and cash stabilization account. [Effective July 1, 2007; effective until July 1, 2008.] -- (a) There is hereby created within the general fund a state budget reserve and cash stabilization account, which shall be administered by the state controller and which shall be used solely for the purpose of providing such sums as may be required to fund any unanticipated general revenue deficit caused by a general revenue shortfall as identified by the state controller at the close of any fiscal year as provided in subsection (d).
(b) In carrying out the provisions of
section 35-3-20.1, the state controller shall initially, at fiscal year
opening, transfer the amount identified as that fiscal year's projected
estimate; the transfer shall be adjusted at the end of the fiscal year in order
to conform to the requirements of section 35-3-20.1.
In carrying out
the provisions of section 35-3-20.1, the state controller shall, based on that
fiscal years estimate, transfer the amounts needed to fund cash requirements
during the fiscal year; the transfer shall be adjusted at the end of the fiscal
year in order to conform to the requirements of section 35-3-20.1. To the
extent that funds so transferred are not needed by the Rhode Island Capital
Plan fund the funds may be loaned back to the general fund.
(c) Whenever the aggregate of the monies and
securities held for the credit of the state budget reserve and cash
stabilization account exceeds three percent (3%) of total fiscal year
resources, consisting of the aggregate of (1) actual revenues from taxes and
other departmental general revenue sources; and (2) the general revenue balance
available for appropriations at the beginning of the fiscal year; the excess
shall be transferred to the state's bond capital Rhode Island Capital
Plan fund, to be used solely for the purposes of reduction of state
indebtedness, payment of debt service, and/or funding of capital projects.
(d) (1) At any time prior
to June 1 after the third quarter of a fiscal year, upon
notification by the budget officer that it is indicated that total resources
which are defined to be the aggregate of estimated general revenue, general
revenue receivables, other financing sources and available free surplus
in the general fund will be less than the original estimates upon which current
appropriations were based, the governor may submit to the general
assembly a resolution for proposed may make appropriations from
the state budget reserve and cash stabilization account for the difference
between the estimated total resources and the original estimates upon which
enacted appropriations were based, but only in the amount of the difference.
The budget officer's notification shall be based upon the revenues
projected at latest state revenue estimating conference pursuant to chapter 16
of title 35 as reported by the chairperson of that conference. The general
assembly shall adopt a resolution stating the amount of the total resources
upon which the enacted appropriations were based in order to authorize the
controller to make the transfer from the state budget reserve and cash
stabilization account to achieve those total resources. The resolution
shall be referred in the manner prescribed in section 35-3-9.
(2) After Once the general assembly
has taken final action by the general assembly defining the total
resources to be achieved through amounts to be withdrawn from the
state budget reserve and cash stabilization account, the state controller shall
transfer to the state's general fund balance available the exact amount necessary
to achieve the total resources specified in the enacted resolution from the
state budget reserve and cash stabilization account based upon the actual
difference between the total resources and the original estimates upon which
enacted appropriations were based.
(e) Whenever a
transfer has been made pursuant to subsection (d), that transfer shall be
considered as estimated general revenues for the purposes of determining the
amount to be transferred to the Rhode Island Capital Plan fund for the purposes
of subsection 35-3-20.1(b).
(e)(f) Whenever a transfer has
been made pursuant to subsection (d), the amount of the transfer shall be returned
transferred to the Rhode Island Capital Plan fund budget
reserve and cash stabilization account from funds payable into the general
revenue fund pursuant to section 35-3-20.1 in the second fiscal year
following the fiscal year in which the transfer was made., and, if
necessary, in subsequent fiscal years.
35-3-20. State budget reserve and cash stabilization account. [Effective July 1, 2008.] -- (a) There is hereby created within the general fund a state budget reserve and cash stabilization account, which shall be administered by the state controller and which shall be used solely for the purpose of providing such sums as may be required to fund any unanticipated general revenue deficit caused by a general revenue shortfall as identified by the state controller at the close of any fiscal year as provided in subsection (d).
(b) In carrying out the provisions of
section 35-3-20.1, the state controller shall initially, at fiscal year
opening, transfer the amount identified as that fiscal year's projected
estimate; the transfer shall be adjusted at the end of the fiscal year in order
to conform to the requirements of section 35-3-20.1.
In carrying out
the provisions of section 35-3-20.1, the state controller shall, based on that
fiscal years estimate, transfer the amounts needed to fund cash requirements
during the fiscal year; the transfer shall be adjusted at the end of the fiscal
year in order to conform to the requirements of section 35-3-20.1. To the
extent that funds so transferred are not needed by the Rhode Island Capital
Plan fund the funds may be loaned back to the general fund.
(c) For the fiscal year ending June 30,
2009, Wwhenever the aggregate of the monies and securities
held for the credit of the state budget reserve and cash stabilization account
exceeds three percent (3%) three and four tenths of one percent
(3.4%) of total fiscal year resources, consisting of the aggregate of (1)
actual revenues from taxes and other departmental general revenue sources; and
(2) the general revenue balance available for appropriations at the beginning
of the fiscal year; the excess shall be transferred to the state's bond
capital Rhode Island Capital Plan fund, to be used solely for the
purposes of reduction of state indebtedness, payment of debt service, and/or
funding of capital projects. Provided further, the applicable percentage
shall increase by four-tenths of one percent (.4%) for the succeeding four (4)
fiscal years as follows:
Fiscal year
ending June 30, 2010 3.8%
Fiscal year
ending June 30, 2011 4.2%
Fiscal year
ending June 30, 2012 4.6%
Fiscal years
ending June 30, 2013 and thereafter 5.0%
(d) (1) At any time prior to June 1 after
the third quarter of a fiscal year, upon notification by the budget
officer that it is indicated that total resources which are defined to be
the aggregate of estimated general revenue, general revenue receivables, other
financing sources and available free surplus in the general fund will be
less than the original estimates upon which current appropriations were based,
the governor may submit to the general assembly a resolution for
proposed may make appropriations from the state budget reserve and
cash stabilization account for the difference between the estimated total
resources and the original estimates upon which enacted appropriations were
based, but only in the amount of the difference. The budget officer's
notification shall be based upon the revenues projected at latest state
revenue estimating conference pursuant to chapter 16 of title 35 as reported by
the chairperson of that conference. The general assembly shall adopt a
resolution stating the amount of the total resources upon which the enacted
appropriations were based in order to authorize the controller to make the
transfer from the state budget reserve and cash stabilization account to
achieve those total resources. The resolution shall be referred in the
manner prescribed in section 35-3-9.
(2) After Once the general assembly
has taken final action by the general assembly defining the total
resources to be achieved through amounts to be withdrawn from the
state budget reserve and cash stabilization account, the state controller shall
transfer to the state's general fund balance available the exact amount necessary
to achieve the total resources specified in the enacted resolution from the
state budget reserve and cash stabilization account based upon the actual
difference between the total resources and the original estimates upon which
enacted appropriations were based.
(e) Whenever a
transfer has been made pursuant to subsection (d), that transfer shall be
considered as estimated general revenues for the purposes of determining the
amount to be transferred to the Rhode Island Capital Plan fund for the purposes
of subsection 35-3-20.1(b).
(e)(f) Whenever a transfer has
been made pursuant to subsection (d), the amount of the transfer shall be returned
transferred to the Rhode Island Capital Plan fund budget
reserve and cash stabilization account from funds payable into the general
revenue fund pursuant to section 35-3-20.1 in the second fiscal year
following the fiscal year in which the transfer was made., and, if
necessary, in subsequent fiscal years.
35-3-20.1. Limitation on state spending. [Effective until July 1, 2007.] (a) No appropriation, supplemental appropriation, or budget act shall cause the aggregate state general revenue appropriations enacted for the fiscal year to exceed ninety-eight percent (98%) of the estimated state general revenues for the fiscal year from all sources, including estimated unencumbered general revenues not continued or reappropriated to the new fiscal year remaining at the end of the previous fiscal year. Estimated unencumbered general revenues are calculated by taking the estimated general revenue cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated general revenue encumbrances, estimated continuing general revenue appropriations, and the amount of the budget reserve and cash stabilization account at the end of the fiscal year. The amount of the general revenue estimate and estimated unencumbered general revenue remaining shall be determined by the state controller and approved by the auditor general in conformance with accounting procedures currently in use. The excess of any unencumbered general revenue shall be determined by subtracting from the actual unencumbered general revenues at the end of any fiscal year an amount which together with the latest estimated general revenues is necessary to fund the ensuing fiscal year's general revenue budget, including the required estimated general revenue supplemental and annual appropriations.
(b) The amount between the applicable percentage in subsection (a) and one hundred percent (100%) of the estimated state general fund revenue for any fiscal year as estimated in accordance with subsection (a) shall be appropriated in any given fiscal year into the budget reserve and cash stabilization account; provided, that no payment will be made which would increase the total of the budget reserve and cash stabilization account to more than three percent (3%) of only the estimated state general fund revenues as set by subsection (a). In the event that the payment to be made into the budget reserve and cash stabilization account would increase the amount in the account to more than three percent (3%) of estimated state general revenues, the amount shall be transferred to the state bond capital fund, to be used solely for the purposes of reduction of state indebtedness, payment of debt service, and/or funding of capital projects. However, there shall be no expenditures of money under this section without passage of a specific appropriation by the general assembly.
(c) Within forty-five (45) days after the close of any fiscal year, all unencumbered general revenue in the year end surplus account from the fiscal year shall be transferred to the general fund.
35-3-20.1. Limitation on state spending. [Effective July 1, 2007; effective until July 1, 2008.] (a) No appropriation, supplemental appropriation, or budget act shall cause the aggregate state general revenue appropriations enacted for the fiscal year to exceed ninety-eight percent (98%) of the estimated state general revenues for the fiscal year from all sources, including estimated unencumbered general revenues not continued or reappropriated to the new fiscal year remaining at the end of the previous fiscal year. Estimated unencumbered general revenues are calculated by taking the estimated general revenue cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated general revenue encumbrances, estimated continuing general revenue appropriations, and the amount of the budget reserve and cash stabilization account at the end of the fiscal year. The amount of the general revenue estimate and estimated unencumbered general revenue remaining shall be determined by the state controller and approved by the auditor general in conformance with accounting procedures currently in use. The excess of any unencumbered general revenue shall be determined by subtracting from the actual unencumbered general revenues at the end of any fiscal year an amount which together with the latest estimated general revenues is necessary to fund the ensuing fiscal year's general revenue budget, including the required estimated general revenue supplemental and annual appropriations.
(b) The amount between the applicable
percentage in subsection (a) and one hundred percent (100%) of the estimated
state general fund revenue for any fiscal year as estimated in accordance with
subsection (a) shall be appropriated in any given fiscal year into the budget
reserve and cash stabilization account; provided, that no payment will be made
which would increase the total of the budget reserve and cash stabilization
account to more than three percent (3%) of only the estimated state general fund
revenues as set by subsection (a). In the event that the payment to be made
into the budget reserve and cash stabilization account would increase the
amount in the account to more than three percent (3%) of estimated state
general revenues, the amount shall be transferred to the state bond capital
Rhode Island Capital Plan fund, to be used solely for the purposes of
reduction of state indebtedness, payment of debt service, and/or funding of
capital projects. However, there shall be no expenditures of money under this
section without passage of a specific appropriation by the general assembly.
(c) Within forty-five (45) days after the close of any fiscal year, all unencumbered general revenue in the year end surplus account from the fiscal year shall be transferred to the general fund.
35-3-20.1. Limitation on state spending. [Effective July 1,
2008.] (a) No For the fiscal year ending June 30,
2009, no appropriation,
supplemental appropriation, or budget act shall cause the aggregate state general
revenue appropriations enacted for the fiscal year to exceed ninety-eight
percent (98%) ninety-seven and eight tenths of one percent (97.8%)
of the estimated state general revenues for the fiscal year from all sources,
including estimated unencumbered general revenues not continued or
reappropriated to the new fiscal year remaining at the end of the previous
fiscal year. Estimated unencumbered general revenues are calculated by taking
the estimated general revenue cash balance at the end of the fiscal year less
estimated revenue anticipation bonds or notes, estimated general revenue
encumbrances, estimated continuing general revenue appropriations, and the
amount of the budget reserve and cash stabilization account at the end of the
fiscal year. The amount of the general revenue estimate and estimated
unencumbered general revenue remaining shall be determined by the state
controller and approved by the auditor general in conformance with accounting
procedures currently in use. The excess of any unencumbered general revenue
shall be determined by subtracting from the actual unencumbered general
revenues at the end of any fiscal year an amount which together with the latest
estimated general revenues is necessary to fund the ensuing fiscal year's
general revenue budget, including the required estimated general revenue
supplemental and annual appropriations. Provided further, the applicable
percentage shall decrease by two-tenths of one percent (.2%) for the succeeding
four (4) fiscal years as follows:
Fiscal year
ending June 30, 2010 97.6%
Fiscal year
ending June 30, 2011 97.4%
Fiscal year
ending June 30, 2012 97.2%
Fiscal years
ending June 30, 2013 and thereafter 97.0%
(b) The amount between the applicable
percentage in subsection (a) and one hundred percent (100%) of the estimated
state general fund revenue for any fiscal year as estimated in accordance with
subsection (a) shall be appropriated in any given fiscal year into the budget
reserve and cash stabilization account; provided, that for the fiscal year
ending June 30, 2009, no payment will be made which would increase the
total of the budget reserve and cash stabilization account to more than three
percent (3%) three and four-tenths of one percent (3.4%) of only the
estimated state general fund revenues as set by subsection (a). In the event
that the payment to be made into the budget reserve and cash stabilization
account would increase the amount in the account to more than three percent
(3%) three and four-tenths of one percent (3.4%) of estimated state
general revenues, the amount shall be transferred to the state bond capital
Rhode Island Capital Plan fund, to be used solely for the purposes of
reduction of state indebtedness, payment of debt service, and/or funding of
capital projects. Provided further the applicable percentage shall increase
by four-tenths of one percent (.4%) for the four (4) succeeding fiscal years as
follows:
Fiscal year
ending June 30, 2010 3.8%
Fiscal year
ending June 30, 2011 4.2%
Fiscal year
ending June 30, 2012 4.6%
Fiscal years
ending June 30, 2013 and thereafter 5.0%
However, there shall be no expenditures of money under this section without passage of a specific appropriation by the general assembly.
(c) Within forty-five (45) days after the close of any fiscal year, all unencumbered general revenue in the year end surplus account from the fiscal year shall be transferred to the general fund.
SECTION 2. Section
35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and
Control" is hereby amended to read as follows:
35-6-1. Controller -- Duties in general. -- (a) Within the department of administration there shall be a controller who shall be appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall be responsible for accounting and expenditure control and shall be required to:
(1) Administer a comprehensive accounting and recording system which will classify the transactions of the state departments and agencies in accordance with the budget plan;
(2) Maintain control accounts for all supplies, materials, and equipment for all departments and agencies except as otherwise provided by law;
(3) Prescribe a financial, accounting, and cost accounting system for state departments and agencies;
(4) Preaudit all state receipts and expenditures;
(5) Prepare financial statements required by the several departments and agencies, by the governor, or by the general assembly;
(6) Approve the orders drawn on the general treasurer; provided, that the preaudit of all expenditures under authority of the legislative department and the judicial department by the state controller shall be purely ministerial, concerned only with the legality of the expenditure and availability of the funds, and in no event shall the state controller interpose his or her judgment regarding the wisdom or expediency of any item or items of expenditure;
(7) Prepare and timely file, on behalf of the state, any and all reports required by the United States, including, but not limited to, the internal revenue service, or required by any department or agency of the state, with respect to the state payroll; and
(8) Prepare a preliminary closing statement for each fiscal year. The controller shall forward the statement to the chairpersons of the house finance committee and the senate finance committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment of the appropriations act, whichever is later. The report shall include but is not limited to:
(i) A report of all revenues received by the state in the completed fiscal year, together with the estimates adopted for that year as contained in the final enacted budget, and together with all deviations between estimated revenues and actual collections. The report shall also include cash collections and accrual adjustments;
(ii) A comparison of actual expenditures with each of the actual appropriations, including supplemental appropriations and other adjustments provided for in the Rhode Island General Laws;
(iii) A statement of the opening and closing surplus in the general revenue account; and
(iv) A statement of the opening surplus, activity, and closing surplus in the state budget reserve and cash stabilization account and the state bond capital fund.
(b) The controller shall provide supporting information on revenues, expenditures, capital projects, and debt service upon request of the house finance committee chairperson, senate finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.
(c) Upon issuance of the audited annual financial statement, the controller shall provide a report of the differences between the preliminary financial report and the final report as contained in the audited annual financial statement.
(d) Upon issuance of the audited financial
statement, the controller shall transfer all general revenues received in the
completed fiscal year net of transfer to the state budget reserve and cash
stabilization account as required by section 35-3-20 in excess of those
estimates adopted for that year as contained in the final enacted budget to the
employees' retirement system of the state of Rhode Island as defined in section
36-8-2.
SECTION 3. This article
shall take effect upon passage.
ARTICLE 9 SUBSTITUTE A
Relating To Education Benefits for
National Guard Members
SECTION 1. Section
30-3-40.3 of the General Laws in Chapter 30-3 entitled National Guard is
hereby amended to read as follows:
30-3-40.3. Educational benefits for National Guard members. (a) Any person who is
an active member in good standing of the Rhode Island National Guard, and who
is eligible to attend at any state college or university in Rhode Island, will
be eligible for a tuition assistance educational benefit amounting to five (5)
courses per semester at any Rhode Island state college or university. Basic
tuition or general fee charges to be waived for said five (5) courses. Each of
the state colleges or universities shall receive an equal share of the
educational account funding for Rhode Island National Guard members, the
account to be administered by the office of the adjutant general. The exact
amount for each institution shall be determined by the board of governors. The total amount of funds in the
education account shall not exceed one hundred thousand dollars ($100,000) in
any fiscal year.
(b)
In order to be eligible for tuition waivers a person must remain a member in
good standing in the Rhode Island National Guard and a student in good standing
at any state college or university. A member in good standing is defined as any
soldier or airperson of the Rhode Island National Guard who is currently
satisfactorily participating in all unit training assemblies and annual
training periods, as so certified by the adjutant general.
(c)
Those guard members wishing to participate in this program must enter into a contractual
enlistment commitment which provides for one year of obligated service in the
Rhode Island National Guard for each twelve (12) course credits or four (4)
three (3) credit courses where the soldiers' or airpersons' tuition will be
waived. Such assistance shall be available for courses creditable to associate,
bachelor's, or master's degrees. Failure to satisfactorily fulfill the service
obligation incurred in return for tuition assistance will require the
participant to repay a pro-rata share of said assistance. This obligation shall
be considered to be a debt owed to the state and may be satisfied by offset
against any state transfer payments or state income tax refunds. The
participating member shall reimburse the Rhode Island National Guard when any
of the following occur: the soldier fails to participate satisfactorily as a
member of the Rhode Island National Guard; the soldier withdraws from or fails
to complete a course for personal reasons; the soldier fails to make up an
incomplete grade within time limits stipulated by the institution or one
hundred twenty (120) days after the completion of the class, whichever occurs
first, or the soldier fails to provide the adjutant general a copy of the grade
report within thirty (30) days of course completion and may be subject to
punishment under the Rhode Island Military Code.
SECTION 2. This article shall take effect as of July 1,
2007.
ARTICLE 10 SUBSTITUTE A AS AMENDED
RELATING
TO RESTRICTED RECEIPT ACCOUNTS
SECTION 1.
Section 42-14-9 of the General Laws in Chapter 42-14 entitled "Department
of Business Regulation" is hereby amended to read as follows:
42-14-9. Payment of expenses -- Fees. (a) The general assembly shall annually appropriate such sum as it may deem necessary for the payment of the salary of the administrator of banking and insurance, for the payment of the salaries of his or her deputies and for the payment of the clerical and other assistance, office and traveling expenses of the administrator of banking and insurance, his or her deputies and assistants, and the state controller is hereby authorized and directed to draw his or her orders for the payment of those sums, or so much of them as may from time to time be required, upon receipt by him or her of proper vouchers, approved by the director of business regulation. All fees, charges for examinations and other collections received by him or her as administrator of banking, insurance, and securities shall be paid to the general treasurer for the use of the state.
(b) Reimbursements. (1) Certain
operational costs of the department of business regulation are eligible for
reimbursement from third parties, including, but not limited to, costs of
licensing, and shall also include the following expenses:
(i) All reasonable technology costs
related to the examination and licensing process. Technology costs shall
include the actual cost of software and hardware utilized in the licensing
process and the cost of training personnel in the proper use of the software or
hardware.
(ii)
All necessary and reasonable education and training costs incurred by the state
to maintain the proficiency and competence of the examining and licensing
personnel. All these costs shall be incurred in accordance with appropriate
state of Rhode Island regulations, guidelines and procedures.
(iii)
All revenues collected pursuant to this section shall be deposited as
restricted receipts.
(2) There is
created within the general fund a restricted receipt account to be known as the
"banking division reimbursement account". All funds in the account
shall be utilized by the department of business regulation to effectuate the
provisions of section 42-14-9(b). All
funds received for the securities division pursuant to section 42-14-9(b) shall
be deposited in the securities division reimbursement account. The general
treasurer is authorized and directed to draw his or her orders on the account
upon receipt of properly authenticated vouchers from the department of business
regulation.
(3) There is
created within the general fund a restricted receipt account to be known as the
"banking division reimbursement account". All funds in the account shall
be utilized by the department of business regulation to effectuate the
provisions of section 42-14-9(b) that relate to reimbursements. All funds
received for the banking division pursuant to section 42-14-9(b) shall be
deposited in the banking division reimbursement account. The general treasurer
is authorized and directed to draw his or her orders on the account upon
receipt of properly authenticated vouchers from the department of business
regulation.
(4) There is
created within the general fund a restricted receipt account to be known as the
"securities division reimbursement account". All funds in the account
shall be utilized by the department of business regulation to effectuate the
provisions of section 42-14-9(b) that relate to reimbursements. All funds
received for the securities division pursuant to section 42-14-9(b) shall be
deposited in the securities division reimbursement account. The general
treasurer is authorized and directed to draw his or her orders on the account
upon receipt of properly authenticated vouchers from the department of business
regulation.
(5) There is
created within the general fund a restricted receipt account to be known as the
"commercial licensing and racing and athletics division reimbursement
account". All funds in the account shall be utilized by the department of
business regulation to effectuate the provisions of section 42-14-9(b) that
relate to reimbursements. All funds received for the commercial licensing and
racing and athletics division pursuant to section 42-14-9(b) shall be deposited
in the commercial licensing and racing and athletics division reimbursement
account. The general treasurer is authorized and directed to draw his or her
orders on the account upon receipt of properly authenticated vouchers from the
department of business regulation.
(6) There is
created within the general fund a restricted receipt account to be known as the
"insurance division reimbursement account". All funds in the account
shall be utilized by the department of business regulation to effectuate the
provisions of section 42-14-9(b) that relate to reimbursements. All funds
received for the insurance division pursuant to section 42-14-9(b) shall be
deposited in the insurance division reimbursement account. The general treasurer
is authorized and directed to draw his or her orders on the account upon
receipt of properly authenticated vouchers from the department of business
regulation.
SECTION
2. Sections 42-14.5-3 and 42-14.5-3 of the General
Laws in Chapter 42-14.5 entitled "The Rhode Island Health Care Reform Act
of 2004 - Health Insurance Oversight" are hereby amended to read as
follows:
42-14.5-3. Powers and duties. [Effective until July 1, 2007.] [Contingent effective date; see notes under section 42-14.5-1.] -- The health insurance commissioner shall have the following powers and duties:
(a) To conduct an annual public meeting or meetings, separate and distinct from rate hearings pursuant to section 42-62-13, regarding the rates, services and operations of insurers licensed to provide health insurance in the state the effects of such rates, services and operations on consumers, medical care providers and patients, and the market environment in which such insurers operate. Notice of not less than ten (10) days of said hearing(s) shall go to the general assembly, the governor, the Rhode Island medical society, the Hospital Association of Rhode Island, the director of health, and the attorney general. Public notice shall be posted on the department's web site and given in the newspaper of general circulation, and to any entity in writing requesting notice.
(b) To make recommendations to the governor and the joint legislative committee on health care oversight regarding health care insurance and the regulations, rates, services, administrative expenses, reserve requirements, and operations of insurers providing health insurance in the state, and to prepare or comment on, upon the request of the co-chairs of the joint committee on health care oversight or upon the request of the governor, draft legislation to improve the regulation of health insurance. In making such recommendations, the commissioner shall recognize that it is the intent of the legislature that the maximum disclosure be provided regarding the reasonableness of individual administrative expenditures as well as total administrative costs. The commissioner shall also make recommendations on the levels of reserves including consideration of: targeted reserve levels; trends in the increase or decrease of reserve levels; and insurer plans for distributing excess reserves.
(c) To establish a consumer/business/labor/medical advisory council to obtain information and present concerns of consumers, business and medical providers affected by health insurance decisions. The council shall be involved in the planning and conduct of the public meeting in accordance with subsection (a) above. The advisory council shall assist in the design of an insurance complaint process to ensure that small businesses whom experience extraordinary rate increases in a given year could request and receive a formal review by the department. The advisory council shall assess views of the health provider community relative to insurance rates of reimbursement, billing and reimbursement procedures, and the insurers' role in promoting efficient and high quality health care. The advisory council shall issue an annual report of findings and recommendations to the governor and the joint legislative committee on health care oversight. The advisory council is to be diverse in interests and shall include representatives of community consumer organizations; small businesses, other than those involved in the sale of insurance products; and hospital, medical, and other health provider organizations. Such representatives shall be nominated by their respective organizations. The advisory council shall be co-chaired by the health insurance commissioner and a community consumer organization or small business member to be elected by the full advisory council.
(d) To establish and provide guidance and assistance to a subcommittee ("The Professional Provider-Health Plan Work Group") of the advisory council created pursuant to subsection (c) above, composed of health care providers and Rhode Island licensed health plans. This subcommittee shall develop a plan to implement the following activities:
(i) By January 1, 2006, a method whereby health plans shall disclose to contracted providers the fee schedules used to provide payment to those providers for services rendered to covered patients;
(ii) By April 1, 2006, a standardized provider application and credentials verification process, for the purpose of verifying professional qualifications of participating health care providers;
(iii) By September 1, 2006, a uniform health plan claim form to be utilized by participating providers;
(iv) By March 15, 2007, a report to the legislature on proposed methods for health maintenance organizations as defined by section 27-41-1, and nonprofit hospital or medical service corporations as defined by chapters 27-19 and 27-20, to make facility-specific data and other medical service-specific data available in reasonably consistent formats to patients regarding quality and costs. This information would help consumers make informed choices regarding the facilities and/or clinicians or physician practices at which to seek care. Among the items considered would be the unique health services and other public goods provided by facilities and/or clinicians or physician practices in establishing the most appropriate cost comparisons.
(v) By December 1, 2006, contractual disclosure to participating providers of the mechanisms for resolving health plan/provider disputes; and
(vi) By February 1, 2007, a uniform process for confirming in real time patient insurance enrollment status, benefits coverage, including co-pays and deductibles.
A report on the work of the subcommittee shall be submitted by the health insurance commissioner to the joint legislative committee on health care oversight on March 1, 2006 and March 1, 2007.
(e) To enforce the provisions of Title 27 and Title 42 as set forth in section 42-14-5(d).
(f) There is hereby established the Rhode Island Affordable Health Plan Reinsurance Fund. The fund shall be used to effectuate the provisions of sections 27-18.5-8 and 27-50-17.
SECTION
3. Sections 23-1-45 and 23-1-46 of the General Laws
in Chapter 23-1 entitled "Department of Health" are hereby amended to
read as follows:
23-1-45. Immunization account. (a) There
is created within the general fund a restricted receipt account to be known as
the "childhood immunization account". All money in the account
shall be utilized by the department of health to effectuate the provisions of
section 23-1-44 that relate to the childhood immunization program. All
money received pursuant to sections 23-1-46 and 23-1-47 for the childhood
immunization program shall be deposited in the childhood immunization
account. There shall be an expenditure in FY 2007 not to exceed one million
dollars ($1,000,000) for pandemic influenza medications and equipment as
directed by the director of health. Funding dedicated exclusively to
effectuate the provisions of section 23-1-44 and this subsection
received by the department of health from sources other than those identified
in sections 23-1-46 and 23-1-47 may also be deposited in the childhood
immunization account. The general treasurer is authorized and directed to draw
his or her orders on the account upon receipt of properly authenticated
vouchers from the department of health.
(b) There is
created within the general fund a restricted receipt account to be known as the
"pandemic medications and equipment account" for the purposes of
funding pandemic medications and equipment. There shall be an expenditure in FY
2007 not to exceed one million dollars ($1,000,000) for pandemic influenza
medications and equipment. Funding dedicated exclusively to effectuate the
provisions of this subsection and received by the department of health from
sources other than those identified in sections 23-1-45, 23-1-46 and 23-1-47
may also be deposited in the pandemic medications and equipment account. The
general treasurer is authorized and directed to draw his or her orders on the
account upon receipt of properly authenticated vouchers from the department of
health.
(c) There is
created within the general fund a restricted receipt account to be known as the
"adult immunization account". All funds in the account shall be
utilized by the department of health to effectuate the provisions of section
23-1-44 that relate to the adult immunization program. All funds received for
adult immunization programs pursuant to sections 23-1-46 and 23-1-47 shall be
deposited in the adult immunization account. Funding dedicated exclusively to effectuate
the provisions of this subsection and received by the department of health from
sources other than those identified in sections 23-1-46 and 23-1-47 may also be
deposited in the adult immunization account. The general treasurer is authorized and directed to draw his or her
orders on the account upon receipt of properly authenticated vouchers from the
department of health.
23-1-46. Insurers. -- (a) Beginning in the fiscal
year 2007, each insurer licensed or regulated pursuant to the provisions of
chapters 18, 19, 20, and 41 of title 27 shall be assessed a child immunization
assessment and an adult immunization assessment for the purposes set forth in
this section. The department of health shall make available to each insurer,
upon its request, information regarding the department of health's immunization
programs and the costs related to the program. Further, the department of
health shall submit to the general assembly an annual report on the
immunization programs and cost related to the programs, on or before February 1
of each year. Annual assessments shall be based on direct premiums written in
the year prior to the assessment and for the child immunization program shall not
include any Medicare Supplement Policy (as defined in section 27-18-2.1(g)),
Medicaid or Medicare premiums. Adult influenza immunization program annual
assessments shall include contributions related to the program costs from
Medicare, Medicaid and Medicare Managed Care. As to accident and sickness
insurance, the direct premium written shall include, but is not limited to,
group, blanket, and individual policies. Those insurers assessed greater than
ten thousand dollars ($10,000) for the year shall be assessed four (4)
quarterly payments of twenty-five percent (25%) of their total assessment.
Beginning July 1, 2001, the annual rate of assessment shall be determined by
the Director of Health in concurrence with the Primary Payors, those being
insurers assessed at greater than ten thousand dollars ($10,000) for the
previous year. This rate shall be calculated by the projected costs for
advisory committee on immunization practices (ACIP) recommended and state
mandated vaccines after the federal share has been determined by the centers
for disease control and prevention. The primary payors shall be informed of any
recommended change in rates at least six (6) months in advance, and rates shall
be adjusted no more frequently than one time annually. For the childhood
vaccine program the The director of the department of health shall
deposit these amounts in the "childhood immunization account".
These assessments shall be used solely for the purposes of the "childhood
immunization programs" and no other. For the adult immunization program
the The director of the department of health shall deposit these
amounts in the "adult immunization account".
(b) Any funds collected in excess of funds
needed to carry-out ACIP recommendations shall be deducted from the subsequent
year's assessments.
SECTION
4. Chapter 42-28 of the General Laws entitled "State Police" is hereby amended
by adding thereto the following section:
42-28-49. Acceptance of gifts and bequests. The
general treasurer is authorized and empowered, with the approval of the
director of administration, to accept on behalf of the state police any gift or
bequest of personal property, funds, securities, or other similar gift or
bequest, given to the state police absolutely by any person or organization;
provided, that no acceptance by the state shall make the state in any manner
legally or equitably liable to any person, or organization relative to the
care, preservation, or use of the gift, bequest, or property; provided further,
that the right shall be reserved by the general treasurer, and/or the director
of administration, to refuse any gift or bequest so offered to the state; and
provided further, that to the extent any such gift or bequest is placed in a
restricted receipt account, the gift
and any identifiable earnings thereon shall remain in that account in the event
that any existing and/or future funds in the account are diverted or otherwise
transferred or withdrawn to the general fund or used for any other use
whatsoever.
SECTION
5. Section 40.1-1-13 of the General Laws in Chapter
40.1-1 entitled "Department of Mental Health, Retardation, and
Hospitals" is hereby amended to read as follows:
40.1-1-13. Powers and duties of the office. -- Notwithstanding any provision of the Rhode Island general laws to the contrary, the department of mental health, retardation, and hospitals shall have the following powers and duties:
(1) To establish and promulgate the overall plans, policies, objectives, and priorities for state substance abuse education, prevention and treatment; provided, however, that the director shall obtain and consider input from all interested state departments and agencies prior to the promulgation of any such plans or policies;
(2) Evaluate and monitor all state grants and contracts to local substance abuse service providers;
(3) Develop, provide for, and coordinate the implementation of a comprehensive state plan for substance abuse education, prevention and treatment;
(4) Ensure the collection, analysis, and dissemination of information for planning and evaluation of substance abuse services;
(5) Provide support, guidance, and technical assistance to individuals, local governments, community service providers, public and private organizations in their substance abuse education, prevention and treatment activities;
(6) Confer with all interested department directors to coordinate the administration of state programs and policies that directly affect substance abuse treatment and prevention;
(7) Seek and receive funds from the federal government and private sources in order to further the purposes of this chapter;
(8) Act in the capacity of "state substance abuse authority" as that term has meaning for coordination of state substance abuse planning and policy and as it relates to requirements set forth in pertinent federal substance abuse laws and regulations;
(9) Propose, review and/or approve, as appropriate, proposals, policies or plans involving insurance and managed care systems for substance abuse services in Rhode Island;
(10) To enter into, in compliance with the provisions of title 37, chapter 2, contractual relationships and memoranda of agreement as necessary for the purposes of this chapter;
(11) To license facilities and programs for the care and treatment of substance abusers, and for the prevention of substance abuse;
(12) To promulgate rules and regulations necessary to carry out the requirements of this chapter;
(13) Perform other acts and exercise any other powers necessary or convenient to carry out the intent and purposes of this chapter; and
(14) To exercise the authority and responsibilities relating to education, prevention and treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter 1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter 21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and section 35-4-18.
(15) To establish
a Medicare Part D restricted receipt account in the Hospitals and Community
Rehabilitation Services program to receive and expend Medicare Part D
reimbursements from pharmacy benefit providers consistent with the purposes of
this chapter.
SECTION
6. 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 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:
Department of Human Services
Veterans' home -- Restricted account
Veterans' home -- Resident benefits
Organ transplant fund
Veteran's Cemetery Memorial Fund
Department of
Health
Pandemic medications and
equipment account
Department of
Mental Health, Retardation and Hospitals
Hospital Medicare Part D
Receipts
Department of Environmental Management
National heritage revolving fund
Environmental response fund II
Underground storage tanks
Rhode Island Council on the Arts
Art for public facilities fund
Rhode Island Historical Preservation and Heritage Commission
Historic preservation revolving loan fund
Historic Preservation loan fund -- Interest revenue
State Police
Forfeited property -- Retained
Forfeitures -- Federal
Forfeited property Gambling
Donation Polygraph and Law
Enforcement Training
Attorney General
Forfeiture of property
Federal forfeitures
Attorney General multi-state account
Department of Administration
Restore and replacement -- Insurance coverage
Convention Center Authority rental payments
Investment Receipts -- TANS
Car Rental Tax/Surcharge-Warwick Share
Legislature
Audit of federal assisted programs
Department of Elderly Affairs
Pharmaceutical Rebates Account
Affordable Energy fund
Department of Children Youth and Families
Children's Trust Accounts -- SSI
Military Staff
RI Military Family Relief Fund
Treasury
Admin. Expenses -- State Retirement System
Retirement -- Treasury Investment Options
Business
Regulation
Banking Division Reimbursement
Account
Securities Division
Reimbursement Account
Commercial Licensing and Racing
and Athletics Division Reimbursement
Account
Insurance Division Reimbursement
Account
SECTION 7 This article shall take effect as of July 1, 2007.
ARTICLE 11 SUBSTITUTE A AS AMENDED
RELATING TO HOSPITAL FACILITIES and other
medical facilities and services
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 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, 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 July 16, 2007 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 June 15, 2007, make a return to the tax administrator containing the
correct computation of net patient services revenue for the hospital fiscal
year ending September 30, 2004, 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) There is imposed a hospital licensing fee at the rate of
three and forty-eight hundredths percent (3.48%) upon the net patient services
revenue of every hospital for the hospital's first fiscal year ending on or
after January 1, 2006. 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 14 shall apply. Every hospital shall pay the
licensing fee to the tax administrator on or before July 14, 2008 and payments
shall be made by electronic transfer of monies to the general treasurer and
deposited to the general fund in accordance with section 44-50-11. Every
hospital shall, on or before June 16, 2008, make a return to the tax
administrator containing the correct computation of net patient services revenue
for the hospital fiscal year ending September 30, 2006, 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)
(c) 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)
(d) 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)
(e) 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. Title 44 of the
General Laws entitled Taxation is hereby amended by adding thereto the
following chapter:
CHAPTER 64
THE OUTPATIENT HEALTH CARE
FACILITY SURCHARGE
44-64-1. Short title. -- This
chapter shall be known as "The Outpatient Health Care Facility Surcharge
Act."
44-64-2. Definitions. -- The
following words and phrases as used in this chapter have the following meaning:
(1) "Administrator"
means the tax administrator within the department of revenue.
(2) "Gross patient
revenue" means the gross amount received on a cash basis by the provider from
all patient care and other gross operating income. However, charitable
contributions, fund raising proceeds, and endowment support shall not be
considered gross patient revenue."
(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.
(4) "Person" means
any individual, corporation, company, association, partnership, joint stock
association, and the legal successor thereof.
(5) "Provider"
means a licensed facility or operator, including a government facility or
operator, subject to a surcharge under this chapter.
(6) "Surcharge"
means the assessment that is imposed upon net patient revenue pursuant to this
chapter.
44-64-3. Imposition of surcharge Outpatient
health care facility. -- (a) For the purposes of this
section, an "outpatient health care facility" means a person or
governmental unit that is licensed to establish, maintain, and operate a
free-standing ambulatory surgery center or a physician ambulatory surgery
center or a podiatry ambulatory surgery center, in accordance with chapter 17
of title 23.
(b) A surcharge at a rate of
two percent (2.0%) shall be imposed upon the net patient services revenue
received each month by every outpatient health care facility. Every provider shall pay the monthly
surcharge no later than the twenty-fifth (25th) day of the month following the
month that the gross patient revenue is received. This surcharge shall be in
addition to any other authorized fees that have been assessed upon outpatient
facilities.
44-64-4. Returns. -- (a)
Every provider shall, on or before the twenty-fifth (25th) day of the month
following the month that the gross patient revenue is received, make a return
to the tax administrator.
(b) The tax administrator is
authorized to adopt rules relative to the form of the return and the data it
must contain for the correct computation of gross patient revenue and the
surcharge. All returns shall be signed by
the provider or its authorized representative, subject to the penalties of perjury. If a return shows an
overpayment of the surcharge due, the tax administrator shall refund or credit
the overpayment to the provider.
(c) The tax administrator,
for good cause shown, may extend the time within which a provider is required
to file a return. If the return is filed during the period of extension, no
penalty or late filing charge may be imposed for failure to file the return at
the time required by this chapter, but the provider shall be liable for any
interest as prescribed in this chapter. Failure to file the return during the
period for the extension shall make the extension null and void.
44-64-5. Set-off for delinquent payment of surcharge. -- If
a provider shall fail to pay a surcharge within thirty (30) days of its due
date, the tax administrator may request any agency of state government to set
off the amount of the delinquency against any payment they might be due the
provider from the agency and to remit any such payment to the tax
administrator. Upon receipt of a request for set-off from the tax
administrator, any agency of state government is authorized and empowered to
set off the amount of any delinquency against any payment that is due the provider.
The amount of set-off shall be credited against the surcharge due from the
provider.
44-64-6. Surcharge on available information. Interest on
delinquencies Penalties Collection powers. -- If
any provider shall fail, within the time required by this chapter, to file a
return, or shall file an insufficient or incorrect return, or shall not pay the
surcharge imposed by this chapter when it is due, the tax administrator shall
make an assessment based upon information that may be available, which assessment
shall be payable upon demand and shall bear interest from the date when the
surcharge should have been paid at the annual rate set forth in section 44-1-7
of the Rhode Island general laws, as amended. If any part of the surcharge is
caused by the negligence or intentional disregard of the provisions of this
chapter, a penalty of ten percent (10%) of the amount of the determination
shall be added to the surcharge. The tax administrator shall collect the
surcharge with interest in the same manner and with the same powers as are
prescribed for collection of taxes in this title.
44-64-7. Claims for refund Hearing upon denial. -- (a)
Any provider, subject to the provisions of this chapter, may file a claim for
refund with the tax administrator at any time within two (2) years after the
surcharge has been paid. If the tax administrator shall determine that the
surcharge has been overpaid, the tax administrator shall make a refund with
interest from the date of overpayment.
(b) Any provider aggrieved by
an action of the tax administrator in
determining the amount of any surcharge or penalty imposed under the provisions
of this chapter may, within thirty (30) days after the notice of the action was
mailed, apply to the tax administrator, for a hearing relative to the surcharge
or penalty. The tax administrator shall fix a time and place for the hearing
and shall so notify the provider.
44-64-8. Hearing by tax administrator on application. -- Following
hearing, if the tax administrator upholds the assessment of the surcharge, the
amount owed shall be assessed together with any penalty or interest thereon.
44-64-9. Appeals. -- Appeals
from administrative orders or decisions made pursuant to any provisions of this
chapter shall be to the sixth division district court pursuant to chapter 8 of
title 8 of the Rhode Island general laws, as amended. The provider's right to
appeal under this section shall be expressly made conditional upon prepayment
of all surcharges, interest, and penalties, unless the provider moves for and
is granted an exemption from the prepayment requirement, pursuant to section 8-8-26 of the Rhode
Island general laws, as amended. Following the appeal, if the court determines
that the provider is entitled to a refund, the provider shall also be paid
interest on the refund at the rate provided in section 44-1-7.1 of the Rhode
Island general laws, as amended.
44-64-10. Provider records. -- Every
provider shall:
(1) keep records as may be
necessary to determine the amount of its liability under this chapter;
(2) preserve those records
for the period of three (3) years following the date of filing of any return
required by this chapter, or until any litigation or prosecution under this
chapter has been completed; and
(3) make those records
available for inspection upon demand by the tax administrator or his authorized
agents at reasonable times during regular business hours.
44-64-11. Method of payment and deposit of surcharge. -- (a)
Payments required by this chapter may be made by electronic transfer of monies
to the general treasurer for deposit in
the general fund.
(b) The general treasurer is
authorized to establish necessary accounts and to take all steps necessary to
facilitate the electronic transfer of monies. The general treasurer shall
provide the tax administrator a record of any such monies transferred and
deposited.
44-64-12. Rules and regulations. -- The tax administrator is authorized
to promulgate all necessary rules, regulations, and procedures, not
inconsistent with state law and fiscal procedures, for the proper administration of this chapter and in order to
carry out the provisions, policy, and purposes of this chapter.
44-64-13. Severability. -- If
any provision of this chapter or the application of this chapter to any person
or circumstances is held invalid, that invalidity shall not affect other
provisions or applications of the chapter that can be given effect without the
invalid provision or application, and to this end the provisions of this
chapter are declared to be severable.
SECTION 3.
Title 44 of the General Laws entitled "TAXATION" is hereby amended by
adding thereto the following chapter:
CHAPTER 65
IMAGING SERVICES SURCHARGE
44-65-1. Short title. -- This chapter shall be known as
"The Imaging Services Surcharge Act."
44-65-2. Definitions. -- The following words and phrases
as used in this chapter have the following meaning:
(1) "Administrator" means
the tax administrator within the department of administration.
(2) "Gross patient
revenue" means the gross amount received on a cash basis by a provider
from all income derived from the provision of imaging services to patients.
Charitable contributions, fundraising proceeds, and endowment support shall not
be considered as "gross patient revenue."
(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.
(4) "Imaging services"
means and includes all the professional and technical components of x-ray,
ultrasound (including echocardiography), computed tomography (CT), magnetic
resonance imaging (MRI), positron emission tomography (PET), positron emission
tomography/computed tomography (PET/CT), general nuclear medicine, and bone
densitometry procedures.
(5) "Person" means any
individual, corporation, company, association, partnership, joint stock
association, and the legal successor thereof.
(6) "Provider" means any
person who furnishes imaging services for the purposes of patient diagnosis,
assessment or treatment, excluding any person licensed as a hospital or a
rehabilitation hospital center or a not-for-profit organization ambulatory care
facility, pursuant to the provisions of chapter 17 of title 23 of the Rhode
Island general laws, as amended or not performing more than two hundred (200)
radiological procedures per month. Further, the term "provider" shall
not apply to any person subject to the provisions of chapter 64 of title 44 or
to any person licensed in the state of Rhode Island as a dentist or a
podiatrist or a veterinarian.
(7) "Surcharge" means the
assessment imposed upon net patient revenue pursuant to this chapter.
44-65-3. Imposition of surcharge. -- A
surcharge shall be imposed upon the net patient revenue received by every
provider in each month at a rate of two percent (2.0%). Every provider shall
pay the monthly surcharge no later than the twenty-fifty (25th) day
of each month following the month of receipt of net patient services revenue.
This surcharge shall be in addition to any other fees or assessments upon the
provider allowable by law.
44-65-4. Returns. -- (a) Every provider shall on or
before the twenty-fifty (25th) day of the month following the month
of receipt of gross patient revenue make a return to the tax administrator.
(b) The tax administrator is
authorized to adopt rules, pursuant to this chapter, relative to the form of the
return and the data that it must contain for the correct computation of gross
patient revenue and the surcharge upon the amount. All returns shall be signed
by the provider or by its authorized representative, subject to the pains and
penalties of perjury. If a return shows an overpayment of the surcharge due,
the tax administrator shall refund or credit the overpayment to the provider.
(c) The tax administrator, for good
cause shown, may extend the time within which a provider is required to file a
return, and if the return is filed during the period of extension no penalty or
late filing charge may be imposed for failure to file the return at the time
required by this chapter, but the provider shall be liable for interest as
prescribed in this chapter. Failure to file the return during the period for
the extension shall void the extension.
44-65-5. Set-off for delinquent payment of surcharge. -- If a
provider shall fail to pay a surcharge within thirty (30) days of its due date,
the tax administrator may request any agency of state government making
payments to the provider to set-off the amount of the delinquency against any
payment due the provider from the agency of state government and remit the sum
to the tax administrator. Upon receipt of the set-off request from the tax
administrator, any agency of state government is authorized and empowered to
set-off the amount of the delinquency against any payment or amounts due the
provider. The amount of set-off shall be credited against the surcharge due from
the provider.
44-65-6. Surcharge on available information -- Interest on
delinquencies -- Penalties -- Collection powers. -- If
any provider shall fail to file a return within the time required by this
chapter, or shall file an insufficient or incorrect return, or shall not pay
the surcharge imposed by this chapter when it is due, the tax administrator
shall assess upon the information as may be available, which shall be payable
upon demand and shall bear interest at the annual rate provided by section
44-1-7 of the Rhode Island general laws, as amended, from the date when the
surcharge should have been paid. If any part of the surcharge made is due to
negligence or intentional disregard of the provisions of this chapter, a
penalty of ten percent (10%) of the amount of the determination shall be added
to the tax. The tax administrator shall collect the surcharge with interest in
the same manner and with the same powers as are prescribed for collection of
taxes in this title.
44-65-7. Claims for refund -- Hearing upon denial. -- (a)
Any provider, subject to the provisions of this chapter, may file a claim for
refund with the tax administrator at any time within two (2) years after the
surcharge has been paid. If the tax administrator shall determine that the
surcharge has been overpaid, he or she shall make a refund with interest from
the date of overpayment.
(b) Any provider whose claim for
refund has been denied may, within thirty (30) days from the date of the
mailing by the administrator of the notice of the decision, request a hearing
and the administrator shall, as soon as practicable, set a time and place for
the hearing and shall notify the provider.
44-65-8. Hearing by tax administrator on application. -- Any
provider aggrieved by the action of the tax administrator in determining the
amount of any surcharge or penalty imposed under the provisions of this chapter
may apply to the tax administrator, within thirty (30) days after the notice of
the action is mailed to it, for a hearing relative to the surcharge or penalty.
The tax administrator shall fix a time and place for the hearing and shall so
notify the provider. Upon the hearing the tax administrator shall correct
manifest errors, if any, disclosed at the hearing and thereupon assess and collect
the amount lawfully due together with any penalty or interest thereon.
44-65-9. Appeals. -- Appeals from administrative
orders or decisions made pursuant to any provisions of this chapter shall be to
the sixth division district court pursuant to chapter 8 of title 8 of the Rhode
Island general laws, as amended. The provider's right to appeal under this
section shall be expressly made conditional upon prepayment of all surcharges,
interest, and penalties unless the provider moves for and is granted an exemption
from the prepayment requirement pursuant to section 8-8-26 of the Rhode Island
general laws, as amended. If the court, after appeal, holds that the provider
is entitled to a refund, the provider shall also be paid interest on the amount
at the rate provided in section 44-1-7.1 of the Rhode Island general laws, as
amended.
44-65-10. Provider records. -- Every provider shall:
(1) Keep records as may be
necessary to determine the amount of its liability under this chapter.
(2) Preserve those records for the
period of three (3) years following the date of filing of any return required
by this chapter, or until any litigation or prosecution under this chapter is
finally determined.
(3) Make those records available
for inspection by the administrator or his/her authorized agents, upon demand,
at reasonable times during regular business hours.
44-65-11. Method of payment and deposit of surcharge. -- (a)
The payments required by this chapter may be made by electronic transfer of
monies to the general treasurer and deposited to the general fund.
(b) The general treasurer is
authorized to establish an account or accounts and to take all steps necessary
to facilitate the electronic transfer of monies. The general treasurer shall
provide the tax administrator a record of any monies transferred and deposited.
44-65-12. Rules and regulations. -- The
tax administrator is authorized to make and promulgate rules, regulations, and
procedures not inconsistent with state law and fiscal procedures as he or she
deems necessary for the proper administration of this chapter and to carry out
the provisions, policies, and purposes of this chapter.
44-65-13. Severability. -- If any provision of this
chapter or the application of this chapter to any person or circumstances is held
invalid, that invalidity shall not affect other provisions or applications of
the chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are declared to be
severable.
SECTION 4. Section 1
shall take effect on July 1, 2007 and shall apply to hospitals, as defined in
Section 1, which are duly licensed on July 1, 2007. The licensing fee imposed
by Section 1 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. The remainder of the article shall
take effect upon passage.
ARTICLE 12 SUBSTITUTE A AS AMENDED
RELATING TO HOSPITAL FACILITIES and other
medical facilities and services
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 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, 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 July 16, 2007 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 June 15, 2007, make a return to the tax administrator containing the
correct computation of net patient services revenue for the hospital fiscal
year ending September 30, 2004, 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) There is imposed a hospital licensing fee at the rate of
three and forty-eight hundredths percent (3.48%) upon the net patient services
revenue of every hospital for the hospital's first fiscal year ending on or
after January 1, 2006. 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 14 shall apply. Every hospital shall pay the
licensing fee to the tax administrator on or before July 14, 2008 and payments
shall be made by electronic transfer of monies to the general treasurer and
deposited to the general fund in accordance with section 44-50-11. Every hospital
shall, on or before June 16, 2008, make a return to the tax administrator
containing the correct computation of net patient services revenue for the
hospital fiscal year ending September 30, 2006, 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)
(c) 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)
(d) 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)
(e) 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. Title 44 of the
General Laws entitled Taxation is hereby amended by adding thereto the
following chapter:
CHAPTER 64
THE OUTPATIENT HEALTH CARE
FACILITY SURCHARGE
44-64-1. Short title. -- This
chapter shall be known as "The Outpatient Health Care Facility Surcharge
Act."
44-64-2. Definitions. -- The
following words and phrases as used in this chapter have the following meaning:
(1) "Administrator"
means the tax administrator within the department of revenue.
(2) "Gross patient
revenue" means the gross amount received on a cash basis by the provider
from all patient care and other gross operating income. However, charitable
contributions, fund raising proceeds, and endowment support shall not be
considered gross patient revenue."
(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.
(4) "Person" means
any individual, corporation, company, association, partnership, joint stock
association, and the legal successor thereof.
(5) "Provider"
means a licensed facility or operator, including a government facility or
operator, subject to a surcharge under this chapter.
(6) "Surcharge"
means the assessment that is imposed upon net patient revenue pursuant to this
chapter.
44-64-3. Imposition of surcharge Outpatient
health care facility. -- (a) For the purposes of this
section, an "outpatient health care facility" means a person or
governmental unit that is licensed to establish, maintain, and operate a
free-standing ambulatory surgery center or a physician ambulatory surgery
center or a podiatry ambulatory surgery center, in accordance with chapter 17
of title 23.
(b) A surcharge at a rate of
two percent (2.0%) shall be imposed upon the net patient services revenue
received each month by every outpatient health care facility. Every provider shall pay the monthly
surcharge no later than the twenty-fifth (25th) day of the month following the
month that the gross patient revenue is received. This surcharge shall be in
addition to any other authorized fees that have been assessed upon outpatient
facilities.
44-64-4. Returns. -- (a)
Every provider shall, on or before the twenty-fifth (25th) day of the month
following the month that the gross patient revenue is received, make a return
to the tax administrator.
(b) The tax administrator is
authorized to adopt rules relative to the form of the return and the data it
must contain for the correct computation of gross patient revenue and the
surcharge. All returns shall be signed
by the provider or its authorized representative, subject to the penalties of perjury. If a return shows an
overpayment of the surcharge due, the tax administrator shall refund or credit
the overpayment to the provider.
(c) The tax administrator,
for good cause shown, may extend the time within which a provider is required
to file a return. If the return is filed during the period of extension, no
penalty or late filing charge may be imposed for failure to file the return at
the time required by this chapter, but the provider shall be liable for any
interest as prescribed in this chapter. Failure to file the return during the
period for the extension shall make the extension null and void.
44-64-5. Set-off for delinquent payment of surcharge. -- If
a provider shall fail to pay a surcharge within thirty (30) days of its due
date, the tax administrator may request any agency of state government to set
off the amount of the delinquency against any payment they might be due the
provider from the agency and to remit any such payment to the tax
administrator. Upon receipt of a request for set-off from the tax
administrator, any agency of state government is authorized and empowered to
set off the amount of any delinquency against any payment that is due the
provider. The amount of set-off shall be credited against the surcharge due
from the provider.
44-64-6. Surcharge on available information. Interest on
delinquencies Penalties Collection powers. -- If
any provider shall fail, within the time required by this chapter, to file a
return, or shall file an insufficient or incorrect return, or shall not pay the
surcharge imposed by this chapter when it is due, the tax administrator shall
make an assessment based upon information that may be available, which
assessment shall be payable upon demand and shall bear interest from the date
when the surcharge should have been paid at the annual rate set forth in
section 44-1-7 of the Rhode Island general laws, as amended. If any part of the
surcharge is caused by the negligence or intentional disregard of the
provisions of this chapter, a penalty of ten percent (10%) of the amount of the
determination shall be added to the surcharge. The tax administrator shall
collect the surcharge with interest in the same manner and with the same powers
as are prescribed for collection of taxes in this title.
44-64-7. Claims for refund Hearing upon denial. -- (a)
Any provider, subject to the provisions of this chapter, may file a claim for
refund with the tax administrator at any time within two (2) years after the
surcharge has been paid. If the tax administrator shall determine that the
surcharge has been overpaid, the tax administrator shall make a refund with interest
from the date of overpayment.
(b) Any provider aggrieved by
an action of the tax administrator in
determining the amount of any surcharge or penalty imposed under the provisions
of this chapter may, within thirty (30) days after the notice of the action was
mailed, apply to the tax administrator, for a hearing relative to the surcharge
or penalty. The tax administrator shall fix a time and place for the hearing
and shall so notify the provider.
44-64-8. Hearing by tax administrator on application. -- Following
hearing, if the tax administrator upholds the assessment of the surcharge, the
amount owed shall be assessed together with any penalty or interest thereon.
44-64-9. Appeals. -- Appeals
from administrative orders or decisions made pursuant to any provisions of this
chapter shall be to the sixth division district court pursuant to chapter 8 of
title 8 of the Rhode Island general laws, as amended. The provider's right to
appeal under this section shall be expressly made conditional upon prepayment
of all surcharges, interest, and penalties, unless the provider moves for and
is granted an exemption from the prepayment requirement, pursuant to section 8-8-26 of the Rhode
Island general laws, as amended. Following the appeal, if the court determines
that the provider is entitled to a refund, the provider shall also be paid
interest on the refund at the rate provided in section 44-1-7.1 of the Rhode
Island general laws, as amended.
44-64-10. Provider records. -- Every
provider shall:
(1) keep records as may be
necessary to determine the amount of its liability under this chapter;
(2) preserve those records
for the period of three (3) years following the date of filing of any return
required by this chapter, or until any litigation or prosecution under this
chapter has been completed; and
(3) make those records
available for inspection upon demand by the tax administrator or his authorized
agents at reasonable times during regular business hours.
44-64-11. Method of payment and deposit of surcharge. -- (a)
Payments required by this chapter may be made by electronic transfer of monies
to the general treasurer for deposit in
the general fund.
(b) The general treasurer is
authorized to establish necessary accounts and to take all steps necessary to
facilitate the electronic transfer of monies. The general treasurer shall
provide the tax administrator a record of any such monies transferred and
deposited.
44-64-12. Rules and regulations. -- The tax administrator is authorized
to promulgate all necessary rules, regulations, and procedures, not
inconsistent with state law and fiscal procedures, for the proper administration of this chapter and in order to
carry out the provisions, policy, and purposes of this chapter.
44-64-13. Severability. -- If
any provision of this chapter or the application of this chapter to any person
or circumstances is held invalid, that invalidity shall not affect other
provisions or applications of the chapter that can be given effect without the
invalid provision or application, and to this end the provisions of this
chapter are declared to be severable.
SECTION 3.
Title 44 of the General Laws entitled "TAXATION" is hereby amended by
adding thereto the following chapter:
CHAPTER 65
IMAGING SERVICES SURCHARGE
44-65-1. Short title. -- This chapter shall be known as
"The Imaging Services Surcharge Act."
44-65-2. Definitions. -- The following words and phrases
as used in this chapter have the following meaning:
(1) "Administrator" means
the tax administrator within the department of administration.
(2) "Gross patient
revenue" means the gross amount received on a cash basis by a provider
from all income derived from the provision of imaging services to patients.
Charitable contributions, fundraising proceeds, and endowment support shall not
be considered as "gross patient revenue."
(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.
(4) "Imaging services"
means and includes all the professional and technical components of x-ray,
ultrasound (including echocardiography), computed tomography (CT), magnetic
resonance imaging (MRI), positron emission tomography (PET), positron emission
tomography/computed tomography (PET/CT), general nuclear medicine, and bone
densitometry procedures.
(5) "Person" means any
individual, corporation, company, association, partnership, joint stock
association, and the legal successor thereof.
(6) "Provider" means any
person who furnishes imaging services for the purposes of patient diagnosis,
assessment or treatment, excluding any person licensed as a hospital or a
rehabilitation hospital center or a not-for-profit organization ambulatory care
facility, pursuant to the provisions of chapter 17 of title 23 of the Rhode
Island general laws, as amended or not performing more than two hundred (200)
radiological procedures per month. Further, the term "provider" shall
not apply to any person subject to the provisions of chapter 64 of title 44 or
to any person licensed in the state of Rhode Island as a dentist or a
podiatrist or a veterinarian.
(7) "Surcharge" means the
assessment imposed upon net patient revenue pursuant to this chapter.
44-65-3. Imposition of surcharge. -- A
surcharge shall be imposed upon the net patient revenue received by every
provider in each month at a rate of two percent (2.0%). Every provider shall
pay the monthly surcharge no later than the twenty-fifty (25th) day
of each month following the month of receipt of net patient services revenue.
This surcharge shall be in addition to any other fees or assessments upon the
provider allowable by law.
44-65-4. Returns. -- (a) Every provider shall on or before
the twenty-fifty (25th) day of the month following the month of
receipt of gross patient revenue make a return to the tax administrator.
(b) The tax administrator is
authorized to adopt rules, pursuant to this chapter, relative to the form of
the return and the data that it must contain for the correct computation of
gross patient revenue and the surcharge upon the amount. All returns shall be
signed by the provider or by its authorized representative, subject to the
pains and penalties of perjury. If a return shows an overpayment of the
surcharge due, the tax administrator shall refund or credit the overpayment to
the provider.
(c) The tax administrator, for good
cause shown, may extend the time within which a provider is required to file a
return, and if the return is filed during the period of extension no penalty or
late filing charge may be imposed for failure to file the return at the time
required by this chapter, but the provider shall be liable for interest as
prescribed in this chapter. Failure to file the return during the period for
the extension shall void the extension.
44-65-5. Set-off for delinquent payment of surcharge. -- If a
provider shall fail to pay a surcharge within thirty (30) days of its due date,
the tax administrator may request any agency of state government making
payments to the provider to set-off the amount of the delinquency against any
payment due the provider from the agency of state government and remit the sum
to the tax administrator. Upon receipt of the set-off request from the tax
administrator, any agency of state government is authorized and empowered to
set-off the amount of the delinquency against any payment or amounts due the
provider. The amount of set-off shall be credited against the surcharge due
from the provider.
44-65-6. Surcharge on available information -- Interest on
delinquencies -- Penalties -- Collection powers. -- If
any provider shall fail to file a return within the time required by this
chapter, or shall file an insufficient or incorrect return, or shall not pay
the surcharge imposed by this chapter when it is due, the tax administrator
shall assess upon the information as may be available, which shall be payable
upon demand and shall bear interest at the annual rate provided by section 44-1-7
of the Rhode Island general laws, as amended, from the date when the surcharge
should have been paid. If any part of the surcharge made is due to negligence
or intentional disregard of the provisions of this chapter, a penalty of ten
percent (10%) of the amount of the determination shall be added to the tax. The
tax administrator shall collect the surcharge with interest in the same manner
and with the same powers as are prescribed for collection of taxes in this
title.
44-65-7. Claims for refund -- Hearing upon denial. -- (a)
Any provider, subject to the provisions of this chapter, may file a claim for
refund with the tax administrator at any time within two (2) years after the
surcharge has been paid. If the tax administrator shall determine that the surcharge
has been overpaid, he or she shall make a refund with interest from the date of
overpayment.
(b) Any provider whose claim for
refund has been denied may, within thirty (30) days from the date of the
mailing by the administrator of the notice of the decision, request a hearing
and the administrator shall, as soon as practicable, set a time and place for
the hearing and shall notify the provider.
44-65-8. Hearing by tax administrator on application. -- Any
provider aggrieved by the action of the tax administrator in determining the
amount of any surcharge or penalty imposed under the provisions of this chapter
may apply to the tax administrator, within thirty (30) days after the notice of
the action is mailed to it, for a hearing relative to the surcharge or penalty.
The tax administrator shall fix a time and place for the hearing and shall so
notify the provider. Upon the hearing the tax administrator shall correct
manifest errors, if any, disclosed at the hearing and thereupon assess and
collect the amount lawfully due together with any penalty or interest thereon.
44-65-9. Appeals. -- Appeals from administrative
orders or decisions made pursuant to any provisions of this chapter shall be to
the sixth division district court pursuant to chapter 8 of title 8 of the Rhode
Island general laws, as amended. The provider's right to appeal under this
section shall be expressly made conditional upon prepayment of all surcharges,
interest, and penalties unless the provider moves for and is granted an exemption
from the prepayment requirement pursuant to section 8-8-26 of the Rhode Island
general laws, as amended. If the court, after appeal, holds that the provider
is entitled to a refund, the provider shall also be paid interest on the amount
at the rate provided in section 44-1-7.1 of the Rhode Island general laws, as
amended.
44-65-10. Provider records. -- Every provider shall:
(1) Keep records as may be
necessary to determine the amount of its liability under this chapter.
(2) Preserve those records for the
period of three (3) years following the date of filing of any return required
by this chapter, or until any litigation or prosecution under this chapter is
finally determined.
(3) Make those records available
for inspection by the administrator or his/her authorized agents, upon demand,
at reasonable times during regular business hours.
44-65-11. Method of payment and deposit of surcharge. -- (a)
The payments required by this chapter may be made by electronic transfer of
monies to the general treasurer and deposited to the general fund.
(b) The general treasurer is
authorized to establish an account or accounts and to take all steps necessary
to facilitate the electronic transfer of monies. The general treasurer shall
provide the tax administrator a record of any monies transferred and deposited.
44-65-12. Rules and regulations. -- The
tax administrator is authorized to make and promulgate rules, regulations, and
procedures not inconsistent with state law and fiscal procedures as he or she
deems necessary for the proper administration of this chapter and to carry out
the provisions, policies, and purposes of this chapter.
44-65-13. Severability. -- If any provision of this
chapter or the application of this chapter to any person or circumstances is
held invalid, that invalidity shall not affect other provisions or applications
of the chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are declared to be
severable.
SECTION 4. Section 1
shall take effect on July 1, 2007 and shall apply to hospitals, as defined in
Section 1, which are duly licensed on July 1, 2007. The licensing fee imposed
by Section 1 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. The remainder of the article shall
take effect upon passage.
RELATING TO NURSING FACILITIES
SECTION 1. Section 40-8-19 and 40-8-20.1 of the General Laws in Chapter 40-8 entitled Medical Assistance are hereby amended to read as follows:
40-8-19. Rates of payment to nursing facilities. (a) Rate reform. The rates to be paid by the
state to nursing facilities licensed pursuant to chapter 17 of title 23, and
certified to participate in the Title XIX Medicaid program for services
rendered to Medicaid-eligible residents, shall be reasonable and adequate to
meet the costs which must be incurred by efficiently and economically operated
facilities in accordance with 42 U.S.C. § 1396a(a)(13). The department of human
services shall promulgate or modify the principles of reimbursement for nursing
facilities currently in effect on July 1, 2003 to be consistent with the
provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq., of the
Social Security Act.
(b) Rate reform. Subject to the phase-in provisions in subsections (c) and
(d), the department shall, on or before October 1, 2005, modify the principles
of reimbursement for nursing facilities to include the following elements:
(1) Annual base years;
(2) Four (4) cost centers: direct labor, property, other
operating, and pass through items;
(3) Re-array of costs of all facilities in the labor and
other operating cost centers every three (3) years beginning with calendar year
2002;
(4) A ceiling maximum for allowable costs in the direct
labor cost center to be established by the department between one hundred ten
percent (110%) and one hundred twenty-five percent (125%) of the median for all
facilities for the most recent array year.
(5) A ceiling maximum for allowable costs in the other
operating cost center to be established by the department between ninety
percent (90%) and one hundred fifteen percent (115%) of the median for all
facilities for the most recent array year;
(6) Adjustment of costs and ceiling maximums by the increase
in the National Nursing Home Price Index ("NNHPI") for the direct
labor cost center and the other operating cost center for year between array years;
such adjustments to be applied on October 1st of each year beginning October 1,
2003 for the direct labor cost center and October 1, 2005 for the other
operating cost center, except for the fiscal year beginning July 1, 2006 for
which the price index shall be applied on February 1, 2007 and for the
fiscal year beginning October 1, 2007 for which the adjustment of costs and
ceiling maximums shall be 1.1 percent.
(7) Application of a fair rental value system to be
developed by the department for calculating allowable reimbursement for the
property cost center;
(8) Such quality of care and cost containment incentives as
may be established by departmental regulations.
(c) Phase I Implementation. The department shall file a
state plan amendment with the U.S. Department of Health and Human Services on
or before August 1, 2003 to modify the principles of reimbursement for nursing
facilities, to be effective on October 1, 2003, or as soon thereafter as is
authorized by an approved state plan amendment, to establish the direct labor
cost center and the pass through items cost center utilizing calendar year 2002
cost data, and to apply the ceiling maximums in subsections (b)(4) and (b)(5).
Nursing facilities whose allowable 2002 direct labor costs are below the median
in the direct labor cost center may make application to the department for a
direct labor cost interim payment adjustment equal to twenty-five percent (25%)
of the amount such allowable 2002 direct labor costs are below the median in
the direct labor cost center, provided that the interim payment adjustment
granted by the department on or after October 1, 2003 must be expended by the
facility on expenses allowable within the direct labor cost center, and any
portion of the interim payment not expended on allowable direct labor cost
center expenses shall be subject to retroactive adjustment and recoupment by
the department upon the department's determination of a final direct labor
payment adjustment after review of the facility's actual direct labor expenditures.
The final direct labor payment adjustment will be included in the facility's
October 1, 2004 rate until the facility's next base year.
(d) Phase II Implementation. The department shall file a
state plan amendment with the U.S. Department of Health and Human Services to
modify the principles of reimbursement for nursing facilities, to be effective
on September 1, 2004, or as soon thereafter as is authorized by an approved
state plan amendment, to establish a fair rental value system for calculating
allowable reimbursement for the property cost center in accordance with
subsection (b)(7); provided, however, that no facility shall receive a payment
as of September 1, 2004 for property-related expenses pursuant to the fair
rental value system that is less than the property-related payment they would
have received for the other property-related ("OPR") cost center
system in effect as of June 30, 2004.
40-8-20.1. Prospective rate increments. --
The department may consider the granting of a prospective rate that reflects
demonstrated cost increases in excess of the rate that has been established by
the application of the percentage increase. In order to qualify for the rate
increment, demonstrated increased costs must be the result of:
(a) Demonstrated errors made during the rate determination
process;
(b) Significant increases in operating costs resulting from the
implementation of new or additional programs, services or staff specifically
mandated by the Rhode Island department of health;
(c) Significant increases in operating costs resulting from
capital renovations, expansion, or replacement required for compliance with
fire safety codes and/or certification requirements of the Rhode Island
department of health, as well as increased energy costs which the facility
can demonstrate are a result of the facility having expended funds for heating,
lighting, hot water, and similar costs associated with the consumption of
energy provided by public utilities;
(d) Significant increases in workers' compensation and/or health
insurance premiums which cannot be accommodated within the nursing facility's
assigned aggregate per diem rate, if cost justified; provided, that assigned
per diem rate in the labor and payroll related expenses cost center does not exceed
two percent (2%) of the cost center ceiling; or
(e) Extraordinary circumstances, including, but not limited to,
acts of God, and inordinate increases in energy costs (e.g. federal BTU tax,
regional or national energy crisis). Inordinate increases in energy costs will
be immediately reflected in increased rates above the energy cost center
ceiling maximum. Provided, however, that such increases will be rescinded
immediately upon cessation of the extraordinary circumstance. All requests for
rate increments shall be limited to one request per nursing facility for the
factors set forth in subsections (b) and (c); provided, additional requests
involving a per diem increase in excess of one percent of the nursing
facility's previously assigned aggregate per diem rate shall also be reviewed.
Before a nursing facility shall be permitted to file for a rate increment,
increases in operating costs set forth in subsections (b) and (c) must have
been incurred for a period of not less than three (3) months in order to
establish proof of the increase. Rate adjustments granted as a result of a
request filed within one hundred twenty (120) days after the costs were first
incurred shall be made effective retroactively to the date the costs were
actually incurred; provided, further, any adjustments granted as a result of
requests filed more than one hundred twenty (120) days after the costs were
first incurred will be effective on the first day of the month following the
filing of the request.
SECTION 2. Chapter 40-8
of the General Laws entitled "Medical Assistance" is hereby amended
by adding thereto the following section:
40-8-20.2. Best energy practices for licensed nursing facilities -
Energy conservation retention credit. (a) In order to reduce overall
energy consumption and to slow the rate of the growth in state Medicaid
expenditures, the state of Rhode Island shall adopt an energy conservation
retention credit for licensed nursing facilities that meet the criteria set
forth herein. Every licensed nursing facility participating in the Medicaid
medical assistance program that: (1) expends funds for energy conservation
measures and the use of renewable fuels, energy sources, and so-called
"green" sources of energy that result in a reduction of energy consumption;
and (2) which methods the facility can demonstrate, to the satisfaction of the
department, result in the facility's "pass through" per diem cost
being reduced in the next base year in comparison to the immediately preceding
base year, shall be permitted to retain the difference in the previous per diem
and the new per diem for a period of up to twenty-four (24) months. Provided,
that such retained funds shall be utilized by the nursing facility solely for
either: (1) costs directly associated with employing labor at the facility; or
(2) to pay down any debt of said nursing facility incurred directly through the
purchases of energy saving, conservation and renewable energy or so-called
"green" devices.
(b) The department of human
services shall convene a working group of interested parties, including, but
not limited to, public utilities, provider trades associations, labor unions
representing nursing home employees, and environmental advocates, to establish
best energy practices for this industry.
SECTION 3. This article shall
take effect upon passage.
ARTICLE 13 SUBSTITUTE A AS AMENDED
RELATING TO HOSPITAL PAYMENTS
SECTION 1. Effective
July 1, 2007, the department of human services is hereby authorized and
directed to amend its regulations and the Rhode Island State Plan for Medical
Assistance pursuant to Title XIX of the Social Security Act for reimbursement
to hospitals for outpatient services as follows:
Hospitals Outpatient adjustment payments. (a)
Each hospital in the state of Rhode Island, as defined in section
23-17-38.1(b)(1), shall receive a quarterly adjustment payment during state
fiscal year 2008 of an amount determined as follows:
(1) Determine the percent of the state's total
Medicaid outpatient and emergency department services (exclusive of physician
services) provided by each hospital during the hospital's fiscal year ending
during 2006;
(2) Determine the sum of all Medicaid payments to
hospitals made for outpatient and emergency department services (exclusive of
physician services) provided during each hospital's fiscal year ending during
2006 not including any recoupments or settlements;
(3) Multiply the sum of all Medicaid payments as
determined in (2) by 30.2 percent and then multiply that result by each
hospital's percentage of the state's total Medicaid outpatient and emergency
department services as determined in (1) to obtain the total outpatient
adjustment for each hospital to be paid in SFY 2008;
(4) Pay each hospital on or about July 20, 2007,
October 20, 2007, January 20, 2008, and April 20, 2008 one-quarter of its total
outpatient adjustment as determined in (3) above.
(b) The amounts determined in subsection (a) are
in addition to Medicaid outpatient payments and emergency services payments
(exclusive of physician services) paid to hospitals in accordance with current
state regulation and the Rhode Island Plan for Medicaid Assistance pursuant to
Title XIX of the Social Security Act and are not subject to recoupment or
settlement.
(c) The payments are expressly conditioned upon approval by the
secretary of the United States Department of Health and Human Services, or his
or her authorized representative, of any Medicaid state plan amendment
necessary to secure for the state the benefit of federal financial
participation in federal fiscal year 2008 for such payments, such amendment to
be filed not later than July 9, 2007.
SECTION 2. Section 40-8-13.2 of the General Laws in Chapter
40-8 entitled Medical Assistance is hereby amended to read as follows:
40-8-13.2. Prospective rate methodology for in-state hospital services.
As
a condition of participation in the established prospective rate methodology
for reimbursement of in-state hospital services, every hospital shall submit
year-end settlement reports to the department within two (2) one (1)
years from the close of a hospital's fiscal year. In the event that a
participating hospital fails to timely submit a year-end settlement report as
required, the department shall withhold financial cycle payments due by any
state agency with respect to this hospital by not more than ten percent (10%)
until the report is received.
SECTION 3. This
article shall take effect upon passage.
ARTICLE 14 SUBSTITUTE A AS AMENDED
Relating To Medical Assistance -- Long-Term
Care Service and Finance Reform
SECTION 1. Sections
40-8.9-3, 40-8.9-4 and 40-8.9-5 of the
General Laws in Chapter 40-8.9 entitled "Medical Assistance - Long-Term
Care Service and Finance Reform" are hereby amended to read as follows:
40-8.9-3. Least restrictive setting requirement. --
Beginning on July 1, 2006 2007, the department of human services
is directed and authorized to recommend the allocate allocation
of existing Medicaid resources as needed to ensure that those in need of long-term
care and support services receive them in the least restrictive setting
appropriate to their needs and preferences. The department is hereby authorized
to utilize screening criteria, to avoid unnecessary institutionalization of
persons during the full eligibility determination process for Medicaid
community based care.
40-8.9-4. Unified long-term care budget. --
Beginning on July 1, 2007, a unified long-term care budget shall combine in a
single line-item appropriation within the department of human services
budget, annual department of human services Medicaid appropriations for nursing
facility and community-based long-term care services for elderly sixty-five
(65) and older (including adult day care, home health, and personal care in
assisted living settings). Beginning on July 1, 2007, the total system savings
attributable to the value of the reduction in nursing home days including
hospice care paid for by Medicaid shall be allocated in the budget
enacted by the general assembly for the ensuing fiscal year for the express
purpose of promoting and strengthening community-based alternatives.
The caseload estimating
conference pursuant to section 35-17-1 shall determine the amount of general
revenues to be added to the current service estimate of community based
long-term care services for elderly sixty-five (65) and older for the ensuing
budget year by multiplying the combined cost per day of nursing home and
hospice days estimated at the caseload conference for that year by the
reduction in nursing home and hospice days from those in the second fiscal year
prior to the current fiscal year to those in the first fiscal year prior to the
current fiscal year.
40-8.9-5. Administration and regulations. -- As
the The single state agency designated to administer the Rhode
Island Medicaid program, the department is hereby directed and
authorized to develop and submit any requests for waivers, demonstration
projects, grants and state plan amendments or regulations that may be
considered necessary and appropriate to support the general purposes of this
statute. Such requests shall be made in consultation with any affected
departments and, to the extent feasible, any consumer group, advisory body, or
other entity designated for such purposes.
SECTION 2. This article shall take effect upon passage.
ARTICLE 15 SUBSTITUTE A
RELATING TO CHILD CARE -- STATE SUBSIDIES
SECTION 1. Section 40-6.2-1.1
of the General Laws in Chapter 40-6.2 entitled Child Care State Subsidies
is hereby amended to read as follows:
40-6.2-1.1. Rates Established. (a) 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
subsection (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 2006 market rate survey
beginning July 1, 20078.
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) (d)
In order to expand the accessibility and availability of quality child care,
the department of human services is authorized to establish by regulation
alternative or incentive rates of reimbursement for quality enhancements,
innovative or specialized child care and alternative methodologies of child
care delivery, including non-traditional delivery systems and collaborations.
(f)(e) On
or before January 1, 2007, all child care providers have the option to be paid
every two (2) weeks and have the option of automatic direct deposit and/or
electronic funds transfer of reimbursement payments.
(g)(f)
Beginning on September 1, 2006, the department of human services shall report
monthly to the chairpersons of the house and senate finance committees on the
implementation of this subsection.
SECTION 2. This article shall
take effect as of July 1, 2007
ARTICLE 16 SUBSTITUTE A
RELATING TO FINANCIAL INSTITUTIONS -
LICENSED ACTIVITIES
SECTION 1. Sections
19-14-1, 19-14-2, 19-14-3, 19-14-4, 19-14-6, 19-14-7, 19-14-9, 19-14-23 and
19-14-30 of the General Laws in Chapter 19-14 entitled "Licensed
Activities" are hereby amended to read as follows:
19-14-1. Definitions. [Effective March 31, 2007.] --
For purposes of this chapter and chapters 14.1, 14.2, 14.3, 14.4, 14.6 and 14.7
of this title:
(1) "Check" means any check, draft, money order,
personal money order, or other instrument for the transmission or payment of
money. For the purposes of check cashing, travelers checks or foreign
denomination instruments shall not be considered checks. "Check
cashing" means providing currency for checks;
(2) "Deliver" means to deliver a check to the first
person who in payment for the check makes or purports to make a remittance of
or against the face amount of the check, whether or not the deliverer also
charges a fee in addition to the face amount, and whether or not the deliverer
signs the check;
(3) "Electronic money transfer" means receiving money
for transmission within the United States or to locations abroad by any means
including, but not limited to, wire, facsimile or other electronic transfer
system;
(4) (i) "Lender" means any person who makes or funds a
loan within this state with the person's own funds, regardless of whether the
person is the nominal mortgagee or creditor on the instrument evidencing the
loan;
(ii) A loan is made or funded within this state if any of the
following conditions exist:
(A) The loan is secured by real property located in this state;
(B) An application for a loan is taken by an employee, agent, or
representative of the lender within this state;
(C) The loan closes within this state; or
(D) The loan solicitation is done by an individual with a physical
presence in this state.; or
(E) The lender maintains an
office in this state.
(iii) The term "lender" shall also include any person
engaged in a transaction whereby the person makes or funds a loan within this
state using the proceeds of an advance under a line of credit over which
proceeds the person has dominion and control and for the repayment of which the
person is unconditionally liable. This transaction is not a table funding
transaction. A person is deemed to have dominion and control over the proceeds
of an advance under a line of credit used to fund a loan regardless of whether:
(A) The person may, contemporaneously with or shortly following
the funding of the loan, assign or deliver to the line of credit lender one or
more loans funded by the proceeds of an advance to the person under the line of
credit;
(B) The proceeds of an advance are delivered directly to the
settlement agent by the line of credit lender, unless the settlement agent is
the agent of the line of credit lender;
(C) One or more loans funded by the proceeds of an advance under
the line of credit is purchased by the line of credit lender; or
(D) Under the circumstances as set forth in regulations adopted by
the director or the director's designee pursuant to this chapter;
(5) "Licensee" means an entity licensed under this
chapter;
(6) "Loan" means any advance of money or credit
including, but not limited to:
(i) Loans secured by mortgages;
(ii) Insurance premium finance agreements;
(iii) The purchase or acquisition of retail installment contracts
or advances to the holders of those contracts;
(iv) Educational loans;
(v) Any other advance of money; or
(vi) Any transaction such as those commonly known as "pay day
loans," "pay day advances," or "deferred presentment
loans," in which a cash advance is made to a customer in exchange for the
customer's personal check, or in exchange for the customer's authorization to
debit the customer's deposit account, and where the parties agree either that
the check will not be cashed or deposited, or that customer's deposit account
will not be debited, until a designated future date.
(7) "Loan broker" means any person who, for compensation
or gain, or in the expectation of compensation or gain, either directly or
indirectly, solicits, processes, negotiates, places or sells a loan within this
state for others in the primary market, or offers to do so. A loan broker shall
also mean any person who is the nominal mortgagee or creditor in a table
funding transaction. A loan is brokered within this state if any of the
following conditions exist:
(i) The loan is secured by real property located in this state;
(ii) An application for a loan is taken or received by an
employee, agent or representative of the loan broker within this state;
(iii) The loan closes within this state; or
(iv) The loan solicitation is done by an individual with a
physical presence in this state.; or
(v) The loan broker maintains
an office in this state.
(8) "Personal money order" means any instrument for the
transmission or payment of money in relation to which the purchaser or remitter
appoints or purports to appoint the seller as his or her agent for the receipt,
transmission, or handling of money, whether the instrument is signed by the
seller or by the purchaser or remitter or some other person;
(9) "Primary market" means the market in which loans are
made to borrowers by lenders, whether or not through a loan broker or other
conduit;
(10) "Principal owner" means any person who owns,
controls, votes or has a beneficial interest in, directly or indirectly, ten
percent (10%) or more of the outstanding capital stock and/or equity
interest of a licensee;
(11) "Sell" means to sell, to issue, or to deliver a check;
(12) "Small loan" means a loan of less than five
thousand dollars ($5,000), not secured by real estate, made pursuant to the
provisions of chapter 14.2 of this title;
(13) "Small loan lender" means a lender engaged in the
business of making small loans within this state;
(14) "Table funding transaction" means a transaction in
which there is a contemporaneous advance of funds by a lender and an assignment
by the mortgagee or creditor of the loan to the lender;
(15) "Check casher" means a person or entity that, for
compensation, engages, in whole or in part, in the business of cashing checks;
(16) "Deferred deposit transaction" means any
transaction such as those commonly known as "pay-day loans,"
"pay-day advances," or "deferred presentment loans" in
which a cash advance is made to a customer in exchange for the customer's
personal check or in exchange for the customer's authorization to debit the
customer's deposit account and where the parties agree either that the check
will not be cashed or deposited, or that the customer's deposit account will
not be debited until a designated future date;
(17) "Insurance premium finance agreement" means an
agreement by which an insured, or prospective insured, promises to pay to an
insurance premium finance company the amount advanced or to be advanced, under
the agreement to an insurer or to an insurance producer, in payment of a
premium or premiums on an insurance contract or contracts, together with
interest and a service charge, as authorized and limited by this title;
(18) "Insurance premium finance company" means a person
engaged in the business of making insurance premium finance agreements or
acquiring insurance premium finance agreements from other insurance premium
finance companies;
(19) "Simple interest" means interest computed on the
principal balance outstanding immediately prior to a payment for the actual
number of days between payments made on a loan over the life of a loan;
(20) "Nonprofit organization" means a corporation
qualifying as a 26 U.S.C. section 501(c)(3) nonprofit organization, in the
operation of which no member, director, officer, partner, employee, agent, or
other affiliated person profits financially other than receiving reasonable
salaries if applicable.;
(21) "Mortgage loan originator"
means a natural person employee of a lender or loan broker that is required to
be licensed under Rhode Island general laws section 19-14-1 et seq., or a
provisional employee as defined herein, and who for or with the
expectation of a fee, commission or other valuable consideration (i) advises an
applicant about different loan products and their terms and conditions in order
to permit the applicant to select and apply for a particular loan product, or
(ii) advises persons in completing loan applications by informing the applicant
regarding the benefits, terms and/or conditions of a loan product or service,
or (iii) negotiates or offers to negotiate the making of a loan with an
applicant. A person whose activities are ministerial and clerical is not acting
as a mortgage loan originator;
(22) "Mortgage loan" means a loan secured in whole or in
part by real property located in this state;
(23) "Loan
solicitation" shall mean an
effectuation, procurement, delivery and offer, and advertisement of a loan.
Loan solicitation also includes providing or accepting loan applications and
assisting persons in completing loan applications and/or advising, conferring,
or informing anyone regarding the benefits, terms and/or conditions of a loan
product or service. Loan solicitation does not include loan processing or loan
underwriting as defined in this section. Loan solicitation does not include
telemarketing which is defined for purposes of this section to mean contacting
a person by telephone with the intention of collecting such person's name,
address and telephone number for the sole purpose of allowing a mortgage loan
originator to fulfill a loan inquiry;
(24) "Loan
processing" shall mean any of a series of acts or functions including the
preparation of a loan application and supporting documents performed by a
person which leads to or results in the acceptance, approval, denial, and/or
withdrawal of a loan application, including, without limitation, the rendering
of services including loan underwriting, taking or receiving loan applications,
obtaining verifications, credit reports or appraisals, communicating with the
applicant and/or the lender or loan broker, and/or other loan processing and
origination services for consideration by a lender or loan broker. Loan
processing does not include the following:
(A) The providing of title
services, including title searches, title examinations, abstract preparation,
insurability determinations, and the issuance of title commitments and title
insurance policies, loan closings, preparation of loan closing documents when
performed by or under the supervision of a licensed attorney, licensed title
agency or licensed title insurance company;
(B) Rendering of credit
reports by an authorized credit reporting agency; and
(C) Rendering of appraisal
services.
(25) "Loan
underwriting" shall mean a loan process that involves the analysis of risk
with respect to the decision whether to make a loan to a loan applicant based
on credit, employment, assets, and other factors including evaluating a loan
applicant against a lender's various lending criteria for creditworthiness,
making a determination for the lender as to whether the applicant meets the
lender's pre-established credit standards and/or making a recommendation
regarding loan approval;
(26) "Negotiate a
loan" shall mean to confer directly with or offer advice directly to a
loan applicant or prospective loan applicant for a loan product or service
concerning any of the substantive benefits, terms, or conditions of the loan
product or service;
(27) "Natural person
employee" shall mean any natural person performing services as a bona-fide
employee for a person licensed under the provisions of Rhode Island general
laws section 19-14-1, et. seq., in return for a salary, wage, or other
consideration, where such salary, wage, or consideration is reported by the
licensee on a federal form W-2 payroll record. The term does not include any
natural person or business entity performing services for a person licensed
under the provisions of Rhode Island general laws in return for a salary, wage,
or other consideration, where such salary, wage, or consideration is reported
by the licensee on a federal form 1099;
(28) "Bona-fide
employee" shall mean an employee of a licensee who works under the
oversight and supervision of the licensee;
(29) "Oversight and
supervision of the licensee" shall mean that the licensee provides
training to the employee, sets the employee's hours of work, and provides the
employee with the equipment and physical premises required to perform the
employee's duties;
(30) "Operating
subsidiary" shall mean a majority-owned subsidiary of a financial
institution or banking institution that engages only in activities permitted by
the parent financial institution or banking institution;
(31) "Provisional Employee" means a natural person who,
pursuant to a written agreement between the natural person and a wholly owned
subsidiary of a financial holding company, as defined in The Bank Holding
Company Act of 1956, as amended, a bank holding company, savings bank holding
company, or thrift holding company, is an exclusive agent for the subsidiary
with respect to mortgage loan originations, and the subsidiary: (a) holds a
valid loan broker's license and (b) enters into a written agreement with the
director or the director's designee to include:
(i) an "undertaking of accountability" in a form
prescribed by the director or the director's designee, for all of the
subsidiary's exclusive agents to include full and direct financial and
regulatory responsibility for the mortgage loan originator activities of each
exclusive agent as if said exclusive agent was an employee of the subsidiary;
(ii) a business plan to be approved by the director or the
director's designee, for the education of the exclusive agents, the handling of
consumer complaints related to the exclusive agents, and the supervision of the
mortgage loan origination activities of the exclusive agents; and
(iii) a restriction of the exclusive agents' mortgage loan
originators' activities to loans to be made only by the subsidiary's affiliated
bank.
19-14-2. Licenses required. [Effective March 31, 2007.] (a)
No person shall engage within this state in the business of: (1) making or
funding loans or acting as a lender or small loan lender; (2) brokering loans
or acting as a loan broker; (3) selling checks for a fee or other
consideration; (4) cashing checks for a fee or other consideration which
includes any premium charged for the sale of goods in excess of the cash price of
the goods; (5) providing electronic money transfers for a fee or other
consideration; or (6) providing debt-management services; or (7)
performing the duties of a mortgage loan originator without first obtaining
a license or registration from the director or the director's designee. The
licensing requirement for any person providing debt management plans shall
apply to all persons, without regard for state of incorporation or a physical
presence in this state, who initiate or service debt management plans for
residents of this state. Special exemptions from licensing for each activity
are contained in other chapters in this title.
(b) No lender or loan broker
licensee shall permit an employee to act as a mortgage loan originator without
first verifying that such originator is licensed under this chapter. No
individual may act as a mortgage loan originator without being licensed, or act
as a mortgage loan originator for more than one person. The license of a
mortgage loan originator is not effective during any period when such mortgage
loan originator is not associated with a lender or loan broker licensee.
(c) Each loan negotiated,
solicited, placed, found or made without a license as required in subsection
(a) of this section shall constitute a separate violation for purposes of this
chapter.
(d) No person engaged in the
business of making or brokering loans in this state, whether licensed in
accordance with the provisions of this chapter, or exempt from licensing, shall
accept applications or referral of applicants from, or pay a fee to, any
lender, loan broker or mortgage loan originator who is required to be licensed
or registered under said sections but is not licensed to act as such by the
director or the director's designee.
19-14-3. Application for license. [Effective March
31, 2007.] -- (a) Application for a license shall be made in writing
under oath in a form to be provided by the director or the director's designee.
The applicant at the time of making application shall pay to the director or
the director's designee the sum of one half (1/2) of the annual license fee as
a fee for investigating the application. If the application for license is
approved, the applicant shall pay a fee equal to the annual license fee as
provided in this chapter. The license shall be continuous and the license fee
shall cover the period through March 31 of each year. Any application approved
after January 1 of any given year shall pay one half (1/2) of the annual
license fee for the period ending March 31 of that year.
(b) [Reserved].
(c) [Reserved].
(d) Any license issued under the provisions of former section
5-66-2 shall remain in full force and effect until its expiration and shall be
subject to the provisions of this chapter.
(e) An applicant for issuance of a mortgage loan originator license
shall file with the director or the director's designee evidence acceptable to
the director or the director's designee that said applicant has:
(1) Successfully completed,
during the two (2) years immediately preceding the date of application, an
entry level training course relative to state and federal statutes, rules and
regulations applicable to loans, mortgages, real property, deeds and contracts
consisting of a minimum of twenty-four (24) hours with an approved nationally
recognized training facility or other facility including in-house programs, as
determined by the director or the director's designee; or
(2) If the applicant has been
employed as a mortgage loan originator for five (5) or more years as of January
1, 2009 in this state, the applicant must file with the director or the
director's designee that applicant has completed a minimum of twelve (12) hours
of education relative to state and federal statutes, rules and regulations
applicable to loans, mortgages, real property, deeds and contracts during the
two (2) years immediately preceding January 1, 2009, by an approved nationally
recognized training facility or other facility including in-house programs, as
determined by the director or the director's designee; or
(3) If the applicant has been
employed as a loan officer of a financial institution, credit union, bank
organized under the laws of another state or bank organized under the laws of
the United States for between one and five (5) years immediately preceding
applicant's employment as a mortgage loan originator, applicant shall file an
application for a mortgage loan originator license on or before his or her date
of employment as a mortgage loan originator and shall file evidence acceptable
to the director or the director's designee that applicant has completed a
minimum of twenty-four (24) hours of education relative to state and federal
statutes, rules and regulations applicable to loans, mortgages, real property,
deeds and contracts within one hundred twenty (120) days of his or her
employment as a mortgage loan originator by an approved nationally recognized
training facility or other facility including in-house programs, as determined
by the director or the director's designee; or
(4) If the applicant has been
employed as a loan officer of a financial institution, credit union, bank
organized under the laws of another state or bank organized under the laws of
the United States for five (5) years immediately preceding applicant's
employment as a mortgage loan originator, applicant shall file an application
for a mortgage loan originator license on or before his or her date of
employment as a mortgage loan originator and shall file evidence acceptable to
the director or the director's designee that applicant has completed a minimum
of twelve (12) hours of education relative to state and federal statues, rules
and regulations applicable to loans, mortgages, real property, deeds and
contracts within twelve (12) months of
his or her employment as a mortgage loan originator by an approved nationally
recognized training facility or other
facility including in-house programs, as determined by the director or the
director's designee; or
(5) The requirements that mortgage loan originators obtain licenses
as set forth by section 19-14-2 shall be effective January 1, 2009 however, all mortgage loan
originators shall register with the department by March 31, 2008 on a form to
be prescribed by the director or the director's designee along with a
registration fee of the same amount as provided for in section 19-14-4 (8).
(f) The application for a lender, or loan broker license shall
include an application for a license for each mortgage loan originator of the
applicant.
19-14-4. Annual fee. [Effective March 31, 2007.] --
(a) Each licensee shall pay an annual license fee as follows:
(1) Each small loan lender license and each branch certificate,
the sum of five hundred fifty dollars ($550);
(2) Each loan broker license and each branch certificate, the sum
of five hundred fifty dollars ($550);
(3) Each lender license and each branch certificate, the sum of
one thousand one hundred dollars ($1,100);
(4) Each sale of checks license, the sum of three hundred dollars
($300);
(5) Each check cashing license, the sum of three hundred dollars
($300);
(6) Each electronic money transfer license, the sum of three
hundred dollars ($300); and
(7) Each registration to provide debt-management services, the sum
of two hundred dollars ($200).; and
(8) Each mortgage loan originator license, the sum of one
hundred dollars ($100).
(b) Any licensee who shall not pay the annual fee by March 31 of
each year shall be subject to a daily penalty of twenty-five dollars ($25) per
day, subject to a maximum of seven hundred fifty dollars ($750). The penalty
shall be paid to the director to and for the use of the state. The penalty may
be waived for good cause by the director or the director's designee, upon
written request.
19-14-6. Bond of applicant. [Effective March 31, 2007.] --
(a) An applicant for any license shall file with the director or the director's
designee a bond to be approved by him or her in which the applicant shall be
the obligor.
(b) The amount of the bond shall be as follows:
(1) Small loan lenders, the sum of ten thousand dollars ($10,000);
(2) Loan brokers, the sum of ten thousand dollars ($10,000) twenty thousand dollars ($20,000);
(3) Lenders, the sum of twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000);
(4) Sale of checks and electronic money transfer licensees, the
sum of fifty thousand dollars ($50,000) subject to a maximum of one hundred and
fifty thousand dollars ($150,000) when aggregated with agent locations;
(5) Check cashing licensees who accept checks for collection with
deferred payment, the sum of fifty thousand dollars ($50,000) subject to a
maximum of one hundred and fifty thousand dollars ($150,000) when aggregated
with agent locations;
(6) Foreign exchange licensees, the sum of ten thousand dollars
($10,000);
(7) Each branch or agent location of a licensee, the sum of five
thousand dollars ($5,000); or
(8) Each debt-management services registrant, the amount provided
in section 19-14.8-13.
(c) The bond shall run to the state for the use of the state and
of any person who may have cause of action against the obligor of the bond
under the provisions of this title. The bond shall be conditioned upon the
obligor faithfully conforming to and abiding by the provisions of this title
and of all rules and regulations lawfully made, and the obligor will pay to the
state and to any person any and all money that may become due or owing to the
state or to the person from the obligor under and by virtue of the provisions
of this title.
(d) The provisions of subsection (b)(6) of this section shall not
apply to any foreign exchange business holding a valid electronic money
transfer license issued pursuant to section 19-14-1 et seq., that has filed
with the division of banking the bond required by subsections (b)(4) and (b)(7)
of this section.
(e) The bond shall remain in force and effect until the surety is
released from liability by the director or the director's designee or until the
bond is cancelled by the surety. The surety may cancel the bond and be released
from further liability under the bond upon receipt by the director or the
director's designee of written notice of the cancellation of the bond at least
thirty (30) days in advance of the cancellation of the bond. The cancellation
shall not affect any liability incurred or accrued under the bond before the
termination of the thirty (30) day period. Upon receipt of any notice of
cancellation, the director shall provide written notice to the licensee.
19-14-7. Issuance or denial of license. -- (a)
Upon the filing of a completed application, the payment of fees and the
approval of the bond, the director or the director's designee shall commence an
investigation of the applicant. The director or the director's designee shall
issue and deliver the license applied for in accordance with the provisions of
this chapter at the location specified in the application if he or she shall
find:
(1) That the financial responsibility, experience, character, and
general fitness of the applicant, and of the applicant's members and of the
applicant's officers, including the designated manager of record of a licensed
location, if the applicant is a partnership, limited liability company or
association, or of the officers including the designated manager of record of
a licensed location, and directors and the principal owner or owners of the
issued and outstanding capital stock, if the applicant is a corporation, are
such as to command the confidence of the community and to warrant belief that
the business will be operated honestly, fairly, and efficiently within the
purposes of this title; and
(2) That allowing the applicant to engage in business will promote
the convenience and advantage of the community in which the business of the
applicant is to be conducted.
(b) A license provided pursuant to this title shall remain in full
force and effect until it is surrendered by the licensee or revoked or
suspended as provided by law.
(c) If the director or the director's designee rejects an
application for a license, he or she shall notify the applicant, by certified
mail, of the denial, the reason(s) supporting the denial and shall afford the
applicant the opportunity for a hearing within a reasonable time period to show
cause why the license should not be denied. When an application for a license
is denied, the director or the director's designee shall return to the
applicant the bond, but shall retain the investigation fee to cover the costs
of investigating the application. The director or the director's designee shall
approve or deny every application for license under this section within sixty
(60) days from the date the application is deemed by the director or the
director's designee to be completed.
(d) Any applicant or licensee aggrieved by the action of the director
or the director's designee in denying a completed application for a license
shall have the right to appeal the action, order, or decision pursuant to
chapter 35 of title 42.
19-14-9. Contents of license -- Posting. --
The license or branch certificate shall contain any information that the
director or the director's designee shall require, including the type of
activity authorized. The license or branch certificate shall be kept
conspicuously posted in the place of business of the licensee. The mortgage
loan originator license must be carried by each mortgage loan originator and
presented, upon request to each applicant or potential applicant with whom the
mortgage loan originator transacts business in an in-person meeting. When
dealing with an applicant or potential applicant other than in an in-person
meeting, the mortgage loan originator shall disclose the mortgage loan
originator's license number, upon request to the applicant and the fact that
the loan originator is licensed by this state. Any licensee who shall lose,
misplace or mutilate the license or branch certificate shall pay a replacement
fee of one hundred dollars ($100) to the director for the use of the state.
19-14-22. Reporting requirements. --
(a) Each licensee shall annually on or before March 31 file a report with the
director or the director's designee giving any relevant information that the
director or the director's designee may reasonably require concerning the
business and operations during the preceding calendar year of each licensed
place of business conducted by the licensee within the state. The report shall
be made under oath and shall be in a form prescribed by the director or the
director's designee. At the time of filing each report, the sum of fifty-five
dollars ($55.00) per license and fifty-five dollars ($55.00) per branch
certificate shall be paid by the licensee to the director for the use of the
state. Any licensee who shall delay transmission of any report required by the
provisions of this title beyond the limit, unless additional time is granted,
in writing, for good cause, by the director or the director's designee, shall
pay a penalty of twenty-five dollars ($25) for each day of the delay.
(b) Any licensee shall, within twenty-four (24) hours after actual
knowledge, notify the director or the director's designee, in writing, of the
occurrence of any of the following events: the institution of bankruptcy,
receivership, reorganization or insolvency proceedings regarding a licensee,
the institution of any adverse government action against a licensee, or any
felony indictment or conviction of any licensee or any officers, directors,
owners, employees, members or partners thereof, as the case may be.
(c) Each mortgage loan
originator licensee shall, on or before March 31, 2010 and every March 31st
thereafter, file with the director or the director's designee evidence
acceptable to the director or the director's designee that said loan originator
licensee has successfully completed, during the twelve (12) months immediately
preceding March 31, a minimum of eight (8) hours of continuing education
relative to state and federal statutes, rules and regulations applicable to
loans, mortgages, real property, deeds and contracts provided by an approved
nationally recognized training facility or other facility including in-house
programs, as determined by the director or the director's designee.
(d) Both the mortgage loan
originator and the licensee shall promptly notify the director or the
director's designee, in writing, within fifteen (15) business days of the
termination of employment or services of a mortgage loan originator.
19-14-23. Examinations and investigations. --
(a) For the purpose of discovering violations of this title or securing information
lawfully required, the director or the director's designee(s) may at any time
investigate the loans and business and examine the books, accounts, records and
files used therein, of every licensee and person who shall be engaged in the
business, whether the person shall act or claim to act as principal or agent,
or under or without the authority of this title. For that purpose the director
or the director's designee(s) shall have free access to the offices and places
of business, books, accounts, paper, records, files, and safes, of all such
persons. The director or the director's designee(s) shall have authority to
require the attendance of and to examine under oath any person whose testimony
may be required relative to the loans or the business or to the subject matter
of any examination, investigation, or hearing.
(b) The director or the director's designee shall make an
examination of the affairs, business, office, and records of each licensee and
branch location at least once every eighteen (18) months. The total cost of an
examination made pursuant to this section shall be paid by the licensee or
person being examined, and shall include the following expenses:
(1) One hundred fifty percent (150%) of the total salaries and
benefits plus one hundred percent (100%) for the travel and transportation
expenses for the examining personnel engaged in the examinations. The fees
shall be paid to the director to and for the use of the state. The examination
fees shall be in addition to any taxes and fees otherwise payable to the state;
(2) All reasonable technology costs related to the examination
process. Technology costs shall include the actual cost of software and
hardware utilized in the examination process and the cost of training examination
personnel in the proper use of the software or hardware; and
(3) All necessary and reasonable education and training costs
incurred by the state to maintain the proficiency and competence of the
examination personnel. All such costs shall be incurred in accordance with
appropriate state of Rhode Island regulations, guidelines and procedures.
(c) All expenses incurred pursuant to subsections (b)(2) and
(b)(3) of this section shall be allocated equally to each licensee no more
frequently than annually and shall not exceed an annual average assessment of
fifty dollars ($50.00) per company for an any given three (3)
calendar year period. All revenues collected pursuant to this section shall be
deposited as general revenues. That assessment shall be in addition to any
taxes and fees otherwise payable to the state.
(d) The provisions of section 19-4-3 shall apply to records of
examinations or investigations of licensees; however, the director or the
director's designee is authorized to make public the number of valid consumer
complaints as determined by the director or the director's designee filed
against the licensee for a twelve (12) month period immediately preceding the
request for the information.
(e) If the director or his or her designee has reason to believe
that any person required to be licensed under this chapter is conducting a
business without having first obtained a license under this chapter, or who
after the denial, suspension, or revocation of a license is conducting that
business, the director or his or her designee may issue an order to that person
commanding him or her to cease and desist from conducting that business. The
order shall provide an opportunity to request a hearing to be held not sooner
than three (3) days after issuance of that order to show cause why the order
should not become final. Any order issued pursuant to this section shall become
final if no request for a hearing is received by the director or his or her
designee within thirty (30) days of the issuance of the order. The order may be
served on any person by mailing a copy of the order, certified mail, return
receipt requested, and first class mail to that person at any address at which
that person has done business or at which that person lives. Any hearing held
pursuant to this section shall be governed in accordance with chapter 35 of
title 42. If that person fails to comply with an order of the director or his
or her designee after being afforded an opportunity for a hearing, the superior
court for Providence County has jurisdiction upon complaint of the department
to restrain and enjoin that person from violating this chapter.
(f) The director may impose an administrative assessment, as well
as the penalties provided for under section 19-14-26, against any person named
in an order issued under subsection (e) or, in accordance with the rules and
regulations promulgated pursuant to section 19-14-30, against any person who violates or participates in the violation
of any of the applicable provisions of this title, or any regulation
promulgated pursuant to any provisions of this title. The amount of the
administrative assessment may not exceed one thousand dollars ($1,000) for each
violation of this chapter or each act or omission that constitutes a basis for
issuing the order. Any person aggrieved by an administrative assessment
shall have the opportunity to request a hearing to be held in accordance with
chapter 35 of title 42 within thirty (30) days of the imposition of such
administrative assessment.
19-14-30. Rules and regulations. --
The director or the director's designee may adopt reasonable rules and
regulations for the implementation and administration of the provisions of this
chapter. The director or the director's designee shall adopt and amend
reasonable rules and regulations, not later than March 31, 2008, as may be
necessary to effectuate and implement the provisions of sections 19-14-1,
19-14-2, 19-14-3, 19-14-4, 19-14-6, 19-14-7, 19-14-9, 19-14-22, 19-14-23 and
19-14-33 pertaining to mortgage loan originators in order that those provisions
pertaining to mortgage loan originators are in effect and force on January 1,
2009.
SECTION 2. Chapter
19-14 of the General Laws entitled
"Licensed Activities" is hereby amended by adding thereto the
following section:
19-14-33. Compliance with federal law governing licensed activities. (a)
Each licensee shall comply with all applicable federal laws, rules and
regulations, as amended governing activities conducted under its license.
(b) Each licensee shall exercise
due diligence in accordance with the rules and regulations promulgated pursuant
to section 19-14-30 in confirming its compliance with applicable state/federal
statutes and/or regulations at all phases of activities conducted under the
license.
SECTION 3. Section
19-14.1-10 of the General Laws in Chapter 19-14.1 entitled "Lenders and
Loan Brokers" is hereby amended to read as follows:
19-14.1-10. Special exemptions. -- (a) The licensing provisions
of chapter 14 of this title shall not apply to:
(1) Nonprofit charitable, educational, or religious corporations
or associations;
(2) Any person who makes less than six (6) loans in this state in
any consecutive twelve (12) month period; there is no similar exemption from
licensing for loan brokers for brokering loans or acting as a loan broker;
(3) Person(s) acting as an agent for a licensee for the purpose of
conducting closings at a location other than that stipulated in the license;
(4) Regulated institutions and banks or credit unions organized
under the laws of the United States, or subject to written notice with a
designated Rhode Island agent for service of process in the form prescribed by
the director or the director's designee, of any other state within the United
States if the laws of the other state in which such bank or credit union is
organized authorizes under conditions not substantially more restrictive than
those imposed by the laws of this state, as determined by the director or the
director's designee, a financial institution or credit union to engage in the
business of originating or brokering loans in the other state; no bank or
credit union duly organized under the laws of any other state within the United
States may receive deposits, pay checks or lend money from any location within
this state unless such bank or credit union has received approval from the
director or the director's designee for the establishment of an interstate
branch office pursuant to chapter 7 of title 19 of the general laws; or
(5) Any natural person employee who is employed by a licensee when
acting on the licensee's behalf; provided that this exemption shall not
apply to a mortgage loan originator required to be licensed under section
19-14-2.
(6) A loan originator
employed by an operating subsidiary of a financial institution or banking
institution organized under the laws of this state or any state within the
United States; provided, however, that any such operating subsidiary shall
provide an educational program or course that is relevant to the products and
services offered by its employees who solicit loans on behalf of such operating
subsidiary.
(b) The provisions of this chapter and chapter 14 of this title
shall not apply to:
(1) Loans to corporations, joint ventures, partnerships, limited
liability companies or other business entities;
(2) Loans over twenty-five thousand dollars ($25,000) in amount to
individuals for business or commercial, as opposed to personal, family or
household purposes;
(3) Loans principally secured by accounts receivable and/or business
inventory;
(4) Loans made by a life insurance company wholly secured by the
cash surrender value of a life insurance policy;
(5) Education-purpose loans made by the Rhode Island health and
educational building corporation as vested in chapter 38.1 of title 45 of the
Rhode Island student loan authority as vested in chapter 62 of title 16;
(6) The acquisition of retail or loan installment contracts by an
entity whose sole business in this state is acquiring them from federal banks
receivers or liquidators;
(7) Notes evidencing the indebtedness of a retail buyer to a
retail seller of goods, services or insurance for a part or all of the purchase
price; or
(8) Any state or federal agency which makes, brokers, or funds
loans or acts as a lender or a loan broker. This exemption includes exclusive
agents or exclusive contractors of the agency specifically designated by the
agency to perform those functions on behalf of the agency and which has
notified the director, in writing, of the exclusive agency or contract.
(c) No license to make or fund loans, or to act as a lender or
small loan lender shall be required of any person who engages in deferred
deposit transactions (commonly known as "pay-day advance") while holding
a valid license to cash checks pursuant to chapter 14 of this title.
SECTION 4. This article
shall take effect upon passage.
ARTICLE 17 SUBSTITUTE A
RELATING TO HUMAN SERVICES
PHARMACEUTICALS
SECTION 1. Section 40-8-4
of the General Laws in Chapter 40-8 entitled Medical Assistance is hereby
amended to read as follows:
40-8-4. Direct vendor payment plan. (a) The department shall
furnish medical care benefits to eligible beneficiaries through a direct vendor
payment plan. The plan shall include, but need not be limited to, any or all of
the following benefits, which benefits shall be contracted for by the director:
(1) Inpatient hospital services, other
than services in a hospital, institution, or facility for tuberculosis or
mental diseases;
(2) Nursing services for such period of time as
the director shall authorize;
(3) Visiting nurse service;
(4) Drugs for consumption either by inpatients
or by other persons for whom they are prescribed by a licensed physician;
(5) Dental services; and
(6) Hospice care up to a maximum of 210 days as
a lifetime benefit.
(b) For purposes of this chapter, the payment of
federal Medicare premiums or other health insurance premiums by the department
on behalf of eligible beneficiaries in accordance with the provisions of title
XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., shall be
deemed to be a direct vendor payment.
(c) With respect to medical care benefits
furnished to eligible individuals under this chapter or Title XIX of the
federal Social Security Act, the department is authorized and directed to impose:
(i)
nominal co-payments or similar charges upon eligible individuals for
non-emergency services provided in a hospital emergency room; and
(ii) co-payments for
prescription drugs in the amount of $1.00 for generic drug prescriptions and
$3.00 for brand name drug prescriptions in accordance with the provisions of 42 U.S.C. 1396, et.
seq. , and the
(d) The
department is authorized and directed to promulgate rules and
regulations to impose such co-payments or charges and to provide that, with
respect to (ii) above, those regulations shall be effective upon filing.
SECTION 2. This article shall take effect upon passage.
ARTICLE 18 SUBSTITUTE A AS AMENDED
RELATING TO PROGRAM INTEGRITY
SECTION 1. Title 9 of the
Rhode Island general laws entitled Courts and Civil Procedure Procedure
Generally is hereby amended by adding thereto the following chapter:
CHAPTER
1.1
THE
STATE FALSE CLAIM ACT
9-1.1-1.
Name of act. -- This
chapter may be cited as the state false claims act.
9-1.1-2.
Definitions. -- As
used in this chapter:
(a) State means the state
of Rhode Island; any agency of state government; and any political subdivision
meaning any city, town, county or other governmental entity authorized or
created by state law, including public corporations and authorities.
(b) Guard means the Rhode
Island National Guard.
(c) Investigation means any
inquiry conducted by any investigator for the purpose of ascertaining whether
any person is or has been engaged in any violation of this chapter.
(d) Investigator means a
person who is charged by the Rhode Island attorney general, or his or her
designee with the duty of conducting any investigation under this act, or any
officer or employee of the state acting under the direction and supervision of
the department of attorney General.
(e) Documentary material
includes the original or any copy of any book, record, report, memorandum,
paper, communication, tabulation, chart, or other document, or data
compilations stored in or accessible through computer or other information
retrieval systems, together with instructions and all other materials necessary
to use or interpret such data compilations, and any product of discovery.
(f) Custodian means the
custodian, or any deputy custodian, designated by the attorney general under
section 9-1.1-6 of the Rhode Island general laws.
(g) Product of discovery
includes:
(1) the original or duplicate
of any deposition, interrogatory, document, thing, result of the inspection of
land or other property, examination, or admission, which is obtained by any
method of discovery in any judicial or administrative proceeding of an
adversarial nature;
(2) any digest, analysis,
selection, compilation, or derivation of any item listed in paragraph (1);
and
(3) any index or other manner
of access to any item listed in paragraph (1).
9-1.1-3. Liability for certain acts. -- (a)
Any person who:
(1) knowingly presents, or
causes to be presented, to an officer or employee of the state or a member of
the guard a false or fraudulent claim for payment or approval;
(2) knowingly makes, uses, or
causes to be made or used, a false record or statement to get a false or
fraudulent claim paid or approved by the state;
(3) conspires to defraud the
state by getting a false or fraudulent claim allowed or paid; (4) has possession, custody, or control of property or
money used, or to be used, by the state
and, intending to defraud the state or willfully to conceal the property,
delivers, or causes to be delivered, less property than the amount for which
the person receives a certificate or receipt;
(5) authorized to make or deliver a document certifying receipt
of property used, or to be used, by the State and, intending to defraud the
State, makes or delivers the receipt without completely knowing that the
information on the receipt is true;
(6) knowingly buys, or
receives as a pledge of an obligation or debt, public property from an officer
or employee of the state, or a member of the guard, who lawfully may not sell
or pledge the property; or
(7) knowingly makes, uses, or
causes to be made or used, a false record or statement to conceal, avoid or
decrease an obligation to pay or transmit money or property to the state, is
liable to the state for a civil penalty of not less than five thousand dollars
($5,000) and not more than ten thousand dollars ($10,000), unless such a penalty has been or will be imposed for that
claim or violation under the federal false claims act (31 U.S.C. section 3729
et seq.) in the same or prior action, plus three (3) times the
amount of damages which the state sustains because of the act of that person except that if the court finds that:
(a) The person committing the
violation of this subsection furnished officials of the state responsible for
investigating false claims violations with all information known to such person
about the violation within thirty (30) days after the date on which the
defendant first obtained the information;
(b) Such person fully
cooperated with any state investigation of such violation; and
(c) At the time such person
furnished the state with the information about the violation, no criminal
prosecution, civil action, or administrative action had commenced under this
title with respect to such violation, and the person did not have actual
knowledge of the existence of an investigation into such violation; the court
may assess not less than two (2) times the amount of damages which the state
sustains because of the act of the person. A person violating this subsection
(a) shall also be liable to the state for the costs of a civil action brought
to recover any such penalty or damages.
(b) Knowing and knowingly
defined. As used in this section, the terms knowing and knowingly mean that
a person, with respect to information:
(1) has actual knowledge of
the information;
(2) acts in deliberate ignorance
of the truth or falsity of the information; or
(3) acts in reckless
disregard of the truth or falsity of the information, and no proof of specific
intent to defraud is required.
(c) Claim defined. As used in
this Section, claim includes any request or demand, whether under a contract
or otherwise, for money or property which is made to a contractor, grantee, or
other recipient if the State provides any portion of the money or property
which is requested or demanded, or if the State will reimburse such contractor,
grantee, or other recipient for any portion of the money or property which is
requested or demanded.
(d) Exclusion. This section
does not apply to claims, records, or statements made under the Rhode Island
Personal Income Tax Law contained in RIGL Chapter 44-30.
9-1.1-4. Civil actions for false claims. --
(a) Responsibilities of the Attorney General. The Attorney General
diligently shall investigate a violation under section 9-1.1-3 of this section.
If under this section the Attorney General finds that a person has violated or
is violating section 9-1.1-3 the Attorney General may bring a civil action
under this section against the person.
(b) Actions by private
persons. (1) A person may bring a civil action for a violation of section 9-1.1-3
for the person and for the State. The action shall be brought in the name of
the state. The action may be dismissed only if the court and the Attorney
General give written consent to the dismissal and their reasons for consenting.
(2) A copy of the complaint
and written disclosure of substantially all material evidence and information
the person possesses shall be served on the state upon the Attorney General.
The complaint shall be filed in camera, shall remain under seal for at least
sixty (60) days, and shall not be served on the defendant until the court so
orders. The state may elect to intervene and proceed with the action within
sixty (60) days after it receives both the complaint and the material evidence
and information.
(3) The state may, for good
cause shown, move the court for extensions of the time during which the
complaint remains under seal under paragraph (2). Any such motions may be
supported by affidavits or other submissions in camera. The defendant shall not
be required to respond to any complaint filed under this section until twenty
(20) days after the complaint is unsealed and served upon the defendant.
(4) Before the expiration of the sixty (60) day period or any
extensions obtained under paragraph (3), the state shall:
(A) proceed with the action,
in which case the action shall be conducted by the state; or
(B) notify the court that it
declines to take over the action, in which case the person bringing the action
shall have the right to conduct the action.
(5) When a person brings an
action under this subsection (b), no person other than the state may intervene
or bring a related action based on the facts underlying the pending action.
(c) Rights of the parties to
Qui Tam actions.
(1) If the state proceeds
with the action, it shall have the primary responsibility for prosecuting the
action, and shall not be bound by an act of the person bringing the action.
Such person shall have the right to continue as a party to the action, subject
to the limitations set forth in paragraph (2).
(2)(A) The state may dismiss
the action notwithstanding the objections of the person initiating the action
if the person has been notified by the state of the filing of the motion and
the court has provided the person with an opportunity for a hearing on the
motion.
(B) The state may settle the
action with the defendant notwithstanding the objections of the person
initiating the action if the court determines, after a hearing, that the
proposed settlement is fair, adequate, and reasonable under all the circumstances.
Upon a showing of good cause, such hearing may be held in camera.
(C) Upon a showing by the
state that unrestricted participation during the course of the litigation by
the person initiating the action would interfere with or unduly delay the states
prosecution of the case, or would be repetitious, irrelevant, or for purposes
of harassment, the court may, in its discretion, impose limitations on the
persons participation, such as:
(i) limiting the number of
witnesses the person may call:
(ii) limiting the length of
the testimony of such witnesses;
(iii) limiting the persons
cross-examination of witnesses; or
(iv) otherwise limiting the
participation by the person in the litigation.
(D) Upon a showing by the defendant
that unrestricted participation during the course of the litigation by the
person initiating the action would be for purposes of harassment or would cause
the defendant undue burden or unnecessary expense, the court may limit the
participation by the person in the litigation.
(3) If the state elects not
to proceed with the action, the person who initiated the action shall have the
right to conduct the action. If the state so requests, it shall be served with
copies of all pleadings filed in the action and shall be supplied with copies
of all deposition transcripts (at the states expense). When a person proceeds
with the action, the court, without limiting the status and rights of the
person initiating the action, may nevertheless permit the State to intervene at
a later date upon a showing of good cause.
(4) Whether or not the state
proceeds with the action, upon a showing by the state that certain actions of
discovery by the person initiating the action would interfere with the states
investigation or prosecution of a criminal or civil matter arising out of the
same facts, the court may stay such discovery for a period of not more than
sixty (60) days. Such a showing shall be conducted in camera. The court may
extend the sixty (60) day period upon a further showing in camera that the
state has pursued the criminal or civil investigation or proceedings with
reasonable diligence and any proposed discovery in the civil action will
interfere with the ongoing criminal or civil investigation or proceedings.
(5) Notwithstanding
subsection (b), the state may elect to pursue its claim through any alternate
remedy available to the state, including any administrative proceeding to
determine a civil money penalty. If any such alternate remedy is pursued in
another proceeding, the person initiating the action shall have the same rights
in such proceeding as such person would have had if the action had continued
under this section. Any finding of fact or conclusion of law made in such other
proceeding that has become final shall be conclusive on all parties to an
action under this section. For purposes of the preceding sentence, a finding or
conclusion is final if it has been finally determined on appeal to the
appropriate court, if all time for filing such an appeal with respect to the
finding or conclusion has expired, or if the finding or conclusion is not
subject to judicial review.
(d) Award to Qui Tam
plaintiff.
(1) If the State proceeds
with an action brought by a person under subsection 9-1.1-4(b), such person
shall, subject to the second sentence of this paragraph, receive at least
fifteen percent (15%) but not more than twenty-five (25%) of the proceeds of
the action or settlement of the claim, depending upon the extent to which the
person substantially contributed to the prosecution of the action. Where the
action is one which the court finds to be based primarily on disclosures of
specific information (other than information provided by the person bringing
the action) relating to allegations or transactions in a criminal, civil, or
administrative hearing, in a legislative, administrative, or Auditor Generals
report, hearing, audit, or investigation, or from the news media, the court may
award such sums as it considers appropriate, but in no case more than ten
percent (10%) of the proceeds, taking into account the significance of the
information and the role of the person bringing the action in advancing the
case to litigation. Any payment to a person under the first or second sentence
of this paragraph (1) shall be made from the proceeds. Any such person shall
also receive an amount for reasonable expenses which the court finds to have
been necessarily incurred, plus reasonable attorneys fees and costs. All such
expenses, fees, and costs shall be awarded against the defendant.
(2) If the state does not
proceed with an action under this section, the person bringing the action or
settling the claim shall receive an amount which the court decides is
reasonable for collecting the civil penalty and damages. The amount shall be
not less than twenty-five percent (25%) and not more than thirty percent (30%)
of the proceeds of the action or settlement and shall be paid out of such
proceeds. Such person shall also receive an amount for reasonable expenses
which the court finds to have been necessarily incurred, plus reasonable
attorneys fees and costs. All such expenses, fees, and costs shall be awarded
against the defendant.
(3) Whether or not the state
proceeds with the action, if the court finds that the action was brought by a
person who planned, initiated, or participated in the violation of section
9-1.1-3 upon which the action was brought, then the court may, to the extent
the court considers appropriate, reduce the share of the proceeds of the action
which the person would otherwise receive under paragraph (1) or (2) of this
subsection (d) to no more than ten percent (10%), taking into account the role
of that person in advancing the case to litigation and any relevant
circumstances pertaining to the violation. If the person bringing the action is
convicted of criminal conduct arising from his or her role in the violation of
section 9-1.1-3, that person shall be dismissed from the civil action and shall
not receive any share of the proceeds of the action. Such dismissal shall not
prejudice the right of the state to continue the action.
(4) If the state does not
proceed with the action and the person bringing the action conducts the action,
the court may award to the defendant its reasonable attorneys fees and
expenses if the defendant prevails in the action and the court finds that the
claim of the person bringing the action was clearly frivolous, clearly
vexatious, or brought primarily for purposes of harassment.
(e) Certain actions
barred.
(1) No court shall have
jurisdiction over an action brought by a former or present member of the Guard
under section 9-1.1-4(b) (Actions by private persons) against a member of the
Guard arising out of such persons service in the Guard.
(2) No court shall have
jurisdiction over an action brought pursuant to subsection 9-1.1-4(b).
(Actions by private persons)
against the Governor, Lieutenant Governor, the Attorney General, members of the
General Assembly, a member of the Judiciary, the Treasurer, Secretary of State,
the Auditor General, any director of a state agency, and any other individual
appointed to office by the Governor if the action is based on evidence or
information known to the state when the action was brought.
(3) In no event may a person
bring an action under subsection 9-1.1-4(b) which is based upon allegations or
transactions which are the subject of a civil suit or an administrative civil
money penalty proceeding in which the State is already a party.
(4)(A) No court shall have
jurisdiction over an action under this Section based upon the public disclosure
of allegations or transactions in a criminal, civil, or administrative hearing,
in a legislative, administrative, or Auditor Generals report, hearing, audit,
or investigation, or from the news media, unless the action is brought by the
Attorney General or the person bringing the action is an original source of the
information.
(B) For purposes of this
exclusion, original source means an individual who has direct and independent
knowledge of the information on which the allegations are based and has
voluntarily provided the information to the state before filing an action under
this section which is based on the information.
(5) In no event may a person
bring an action under subsection 9-1.1-4(b) that is based on allegations or
transactions that the person knew or had reason to know were known to the
attorney general or the state's other law enforcement officials prior to that
person filing the action or serving the disclosure of material evidence.
(6) If: (a) an action brought
under subsection 9-1.1-4(b) is based upon allegations or transactions of which
the person bringing the action became aware while employed by, or under
contract to, or serving as an agent for a defendant; and (b) the person
bringing the action failed to make an effective disclosure of those allegations
or transactions under that defendant's corporate compliance plan, the court
shall reduce the share of the proceeds of the action which the person would
otherwise receive to no more than ten percent (10%) of the proceeds of the
action.
(f) State not liable for
certain expenses. The state is not liable for expenses which a person incurs in
bringing an action under this section.
(g) Any employee who is
discharged, demoted, suspended, threatened, harassed, or in any other manner
discriminated against in the terms and conditions of employment by his or her
employer because of lawful acts done by the employee on behalf of the employee
or others in furtherance of an action under this section, including
investigation for, initiation of, testimony for, or assistance in an action
filed or to be filed under this section, shall be entitled to all relief
necessary to make the employee whole. Such relief shall include reinstatement
with the seniority status such employee would have had but for the
discrimination, two (2) times the amount of back pay, interest on the back pay,
and compensation for any special damages sustained as a result of the
discrimination, including litigation costs and reasonable attorneys fees. An
employee may bring an action in the appropriate Superior Court for the relief
provided in this § 9-1.1-4(g).
9-1.1-5. False claims procedure. -- (a)
A subpoena requiring the attendance of a witness at a trial or hearing
conducted under section 9-1.1-4, may be served at any place in the State.
(b) A civil action under
section 9-1.1-4 may not be brought:
(1) more than 6 years after
the date on which the violation of section 9-1.1-3 is committed, or
(2) more than three (3) years
after the date when facts material to the right of action are known or
reasonably should have been known by the official of the state charged with
responsibility to act in the circumstances, but in no event more than ten (10)
years after the date on which the violation is committed, whichever occurs
last.
(c) In any action brought
under section 9-1.1-4, the state shall be required to prove all essential
elements of the cause of action, including damages, by a preponderance of the
evidence.
(d) Notwithstanding any other
provision of law, a final judgment rendered in favor of the state in any
criminal proceeding charging fraud or false statements, whether upon a verdict
after trial or upon a plea of guilty, shall estop the defendant from denying
the essential elements of the offense in any action which involves the same
transaction as in the criminal proceeding and which is brought under
subsections 9-1.1-4(a) or 9-1.1-4(b).
9-1.1-6. Subpoenas. -- (a) In general.
(1) Issuance and service.
Whenever the attorney general has reason to believe that any person may be in
possession, custody, or control of any documentary material or information
relevant to an investigation, the attorney general may, before commencing a
civil proceeding under this act, issue in writing and cause to be served upon
such person, a subpoena requiring such person:
(A) to produce such
documentary material for inspection and copying.
(B) to answer, in writing,
written interrogatories with respect to such documentary material or
information.
(C) to give oral testimony
concerning such documentary material or information; or (D) to furnish any combination of such material, answers, or
testimony.
The attorney general may delegate
the authority to issue subpoenas under this subsection (a) to the state police
subject to conditions as the attorney general deems appropriate. Whenever a
subpoena is an express demand for any product of discovery, the attorney
general or his or her delegate shall cause to be served, in any manner
authorized by this section, a copy of such demand upon the person from whom the
discovery was obtained and shall notify the person to whom such demand is
issued of the date on which such copy was served.
(2) Where a subpoena requires
the production of documentary material, the respondent shall produce the
original of the documentary material, provided, however, that the attorney
general may agree that copies may be substituted for the originals. All
documentary material kept or stored in electronic form, including electronic
mail, shall be produced in hard copy, unless the attorney general agrees that
electronic versions may be substituted for the hard copy. The production of
documentary material shall be made at the respondents expense.
(3) Contents and deadlines.
Each subpoena issued under paragraph (1):
(A) Shall state the nature of
the conduct constituting an alleged violation that is under investigation and
the applicable provision of law alleged to be violated.
(B) Shall identify the
individual causing the subpoena to be served and to whom communications
regarding the subpoena should be directed.
(C) Shall state the date,
place, and time at which the person is required to appear, produce written
answers to interrogatories, produce documentary material or give oral
testimony. The date shall not be less than ten (10) days from the date of
service of the subpoena. Compliance with the subpoena shall be at the office of
the attorney general.
(D) If the subpoena is for
documentary material or interrogatories, shall describe the documents or
information requested with specificity.
(E) Shall notify the person
of the right to be assisted by counsel.
(F) Shall advise that the
person has twenty (20) days from the date of service or up until the return
date specified in the demand, whichever date is earlier, to move, modify, or
set aside the subpoena pursuant to subparagraph (j)(2)(A) of this section.
(b) Protected material or
information.
(1) In general. A subpoena
issued under subsection (a) may not require the production of any documentary
material, the submission of any answers to written interrogatories, or the
giving of any oral testimony if such material, answers, or testimony would be
protected from disclosure under:
(A) the standards applicable
to subpoenas or subpoenas duces tecum issued by a court of this state to aid in
a grand jury investigation; or
(B) the standards applicable
to discovery requests under the Rhode Island superior court rules of civil
procedure, to the extent that the application of such standards to any such
subpoena is appropriate and consistent with the provisions and purposes of this
section.
(2) Effect on other orders,
rules, and laws. Any such subpoena which is an express demand for any product
of discovery supersedes any inconsistent order, rule, or provision of law
(other than this section) preventing or restraining disclosure of such product
of discovery to any person. Disclosure of any product of discovery pursuant to
any such subpoena does not constitute a waiver of any right or privilege which
the person making such disclosure may be entitled to invoke to resist discovery
of trial preparation materials.
(c) Service in general. Any
subpoena issued under subsection (a) may be served by any person so authorized
by the Attorney General or by any person authorized to serve process on
individuals within Rhode Island, through any method prescribed in the Rhode
Island superior curt rules of civil procedure or as otherwise set forth in this
chapter.
(d) Service upon legal
entities and natural persons.
(1) Legal entities. Service
of any subpoena issued under subsection (a) or of any petition filed under
subsection (j) may be made upon a partnership, corporation, association, or
other legal entity by:
(A) delivering an executed
copy of such subpoena or petition to any partner, executive officer, managing
agent, general agent, or registered agent of the partnership, corporation,
association or entity;
(B) delivering an executed
copy of such subpoena or petition to the principal office or place of business
of the partnership, corporation, association, or entity; or
(C) depositing an executed
copy of such subpoena or petition in the United States mails by registered or
certified mail, with a return receipt requested, addressed to such partnership,
corporation, association, or entity as its principal office or place of business.
(2) Natural person. Service
of any such subpoena or petition may be made upon any natural person by:
(A) delivering an executed
copy of such subpoena or petition to the person; or
(B) depositing an executed copy
of such subpoena or petition in the United States mails by registered or
certified mail, with a return receipt requested, addressed to the person at the
persons residence or principal office or place of business.
(e) Proof of service. A
verified return by the individual serving any subpoena issued under subsection
(a) or any petition filed under subsection (j) setting forth the manner of such
service shall be proof of such service. In the case of service by registered or
certified mail, such return shall be accompanied by the return post office
receipt of delivery of such subpoena.
(f) Documentary
material.
(1) Sworn certificates. The
production of documentary material in response to a subpoena served under this
Section shall be made under a sworn certificate, in such form as the subpoena
designates, by:
(A) in the case of a natural
person, the person to whom the subpoena is directed, or
(B) in the case of a person
other than a natural person, a person having knowledge of the facts and
circumstances relating to such production and authorized to act on behalf of
such person. The certificate shall state that all of the documentary material
required by the demand and in the possession, custody, or control of the person
to whom the subpoena is directed has been produced and made available to the
attorney general.
(2) Production of materials.
Any person upon whom any subpoena for the production of documentary material
has been served under this section shall make such material available for
inspection and copying to the attorney general at the place designated in the
subpoena, or at such other place as the attorney general and the person
thereafter may agree and prescribe in writing, or as the court may direct under
subsection (j)(1). Such material shall be made so available on the return date
specified in such subpoena, or on such later date as the attorney general may
prescribe in writing. Such person may, upon written agreement between the
person and the attorney general, substitute copies for originals of all or any
part of such material.
(g) Interrogatories. Each
interrogatory in a subpoena served under this section shall be answered
separately and fully in writing under oath and shall be submitted under a sworn
certificate, in such form as the subpoena designates by:
(1) in the case of a natural
person, the person to whom the subpoena is directed, or
(2) in the case of a person
other than a natural person, the person or persons responsible for answering
each interrogatory. If any interrogatory is objected to, the reasons for the
objection shall be stated in the certificate instead of an answer. The
certificate shall state that all information required by the subpoena and in
the possession, custody, control, or knowledge of the person to whom the demand
is directed has been submitted. To the extent that any information is not
furnished, the information shall be identified and reasons set forth with
particularity regarding the reasons why the information was not furnished.
(h) Oral examinations.
(1) Procedures. The
examination of any person pursuant to a subpoena for oral testimony served
under this section shall be taken before an officer authorized to administer
oaths and affirmations by the laws of this state or of the place where the
examination is held. The officer before whom the testimony is to be taken shall
put the witness on oath or affirmation and shall, personally or by someone
acting under the direction of the officer and in the officers presence, record
the testimony of the witness. The testimony shall be taken stenographically and
shall be transcribed. When the testimony is fully transcribed, the officer
before whom the testimony is taken shall promptly transmit a certified copy of
the transcript of the testimony in accordance with the instructions of the
attorney general. This subsection shall not preclude the taking of testimony by
any means authorized by, and in a manner consistent with, the Rhode Island
superior court rules of civil procedure.
(2) Persons present. The
investigator conducting the examination shall exclude from the place where the
examination is held all persons except the person giving the testimony, the
attorney for and any other representative of the person giving the testimony,
the attorney for the state, any person who may be agreed upon by the attorney
for the state and the person giving the testimony, the officer before whom the
testimony is to be taken, and any stenographer taking such testimony.
(3) Where testimony taken.
The oral testimony of any person taken pursuant to a subpoena served under this
section shall be taken in the county within which such person resides, is
found, or transacts business, or in such other place as may be agreed upon by
the attorney general and such person.
(4) Transcript of testimony.
When the testimony is fully transcribed, the attorney general or the officer
before whom the testimony is taken shall afford the witness, who may be
accompanied by counsel, a reasonable opportunity to review and correct the
transcript, in accordance with the rules applicable to deposition witnesses in
civil cases. Upon payment of reasonable charges, the attorney general shall
furnish a copy of the transcript to the witness, except that the attorney
general may, for good cause, limit the witness to inspection of the official
transcript of the witness testimony.
(5) Conduct of oral
testimony.
(A) Any person compelled to
appear for oral testimony under a subpoena issued under subsection (a) may be
accompanied, represented, and advised by counsel, who may raise objections
based on matters of privilege in accordance with the rules applicable to
depositions in civil cases. If such person refuses to answer any question, a
petition may be filed in superior court under subsection (j)(1) for an order
compelling such person to answer such question.
(B) If such person refuses
any question on the grounds of the privilege against self-incrimination, the
testimony of such person may be compelled in accordance with rules of criminal
procedure.
(6) Witness fees and
allowances. Any person appearing for oral testimony under a subpoena issued
under subsection 9-1.1-6(a) shall be entitled to the same fees and allowances
which are paid to witnesses in the superior court.
(7) Custodians of documents,
answers, and transcripts.
(A) Designation. The attorney
general or his or her delegate shall serve as custodian of documentary
material, answers to interrogatories, and transcripts of oral testimony received
under this section.
(B) Except as otherwise
provided in this section, no documentary material, answers to interrogatories,
or transcripts of oral testimony, or copies thereof, while in the possession of
the custodian, shall be available for examination by any individual, except as
determined necessary by the attorney general and subject to the conditions
imposed by him or her for effective enforcement of the laws of this state, or
as otherwise provided by court order.
(C) Conditions for return of
material. If any documentary material has been produced by any person in the
course of any investigation pursuant to a subpoena under this section and:
(i) any case or proceeding
before the court or grand jury arising out of such investigation, or any
proceeding before any state agency involving such material, has been completed,
or
(ii) no case or proceeding in which such material may be used has
been commenced within a reasonable time after completion of the examination and
analysis of all documentary material and other information assembled in the
course of such investigation, the custodian shall, upon written request of the
person who produced such material, return to such person any such material
which has not passed into the control of any court, grand jury, or agency
through introduction into the record of such case or proceeding.
(j) Judicial proceedings.
(1) Petition for enforcement.
Whenever any person fails to comply with any subpoena issued under subsection (a),
or whenever satisfactory copying or reproduction of any material requested in
such demand cannot be done and such person refuses to surrender such material,
the attorney general may file, in the superior court of the county in which
such person resides, is found, or transacts business, or the superior court in
the he county in which an action filed pursuant to section 9-1.1-4 is pending
if the action relates to the subject matter of the subpoena and serve upon such
person a petition for an order of such court for the enforcement of the
subpoena.
(2) Petition to modify or set
aside subpoena.(A) Any person who has received a subpoena issued under
subsection (a) may file, in the superior court of any county within which such
person resides, is found, or transacts business, and serve upon the attorney
general a petition for an order of the court to modify or set aside such
subpoena. In the case of a petition addressed to an express demand for any
product of discovery, a petition to modify or set aside such demand may be
brought only in the superior court of the county in which the proceeding in
which such discovery was obtained is or was last pending. Any petition under
this subparagraph (A) must be filed:
(i) within twenty (20) days
after the date of service of the subpoena, or at any time before the return
date specified in the subpoena, whichever date is earlier, or
(ii) within such longer
period as may be prescribed in writing by the attorney general. (B) The petition shall specify each ground upon which the
petitioner relies in seeking relief under subparagraph (A), and may be based
upon any failure of the subpoena to comply with the provisions of this section
or upon any constitutional or other legal right or privilege of such person.
During the pendency of the petition in the court, the court may stay, as it
deems proper, the running of the time allowed for compliance with the subpoena,
in whole or in part, except that the person filing the petition shall comply
with any portion of the subpoena not sought to be modified or set aside.
(3) Petition to modify or set
aside demand for product of discovery. In the case of any subpoena issued under
subsection (a) which is an express demand for any product of discovery, the
person from whom such discovery was obtained may file, in the superior court of
the county in which the proceeding in which such discovery was obtained is or
was last pending, a petition for an order of such court to modify or set aside
those portions of the subpoena requiring production of any such product of
discovery, subject to the same terms, conditions, and limitations set forth in
subparagraph (j)(2) of this section.
(4) Petition to require performance by
custodian of duties. At any time during which any custodian is in custody or
control of any documentary material or answers to interrogatories produced, or
transcripts of oral testimony given, by any person in compliance with any civil
investigative demand issued under subsection (a), such person, and in the case
of an express demand for any product of discovery, the person from whom such
discovery was obtained, may file in the superior court of the county in which
the office of such custodian is situated, and serve upon such custodian, a
petition for an order of such court to require the performance by the custodian
of any duty imposed upon the custodian by this section.
(5) Jurisdiction. Whenever
any petition is filed in any superior court under this subsection (j), such
court shall have jurisdiction to hear and determine the matter so presented,
and to enter such orders as may be required to carry out the provisions of this
section. Any final order so entered shall be subject to appeal in the same
manner as appeals of other final orders in civil matters. Any disobedience of
any final order entered under this section by any court shall be punished as a
contempt of the court.
(k) Disclosure exemption. Any
documentary material, answers to written interrogatories, or oral testimony
provided under any subpoena issued under subsection (a) shall be exempt from
disclosure under the Rhode Island access to public records law, section 38-2-2.
9-1.1-7.
Procedure. -- The
Rhode Island superior court rules of civil procedure shall apply to all
proceedings under this chapter, except when those rules are inconsistent with
this chapter.
9-1.1-8. Funds. -- There is
hereby created a separate fund entitled the false claims Act Fund. All proceeds
of an action or settlement of a claim brought under this chapter shall be deposited
in the Fund.
SECTION 2. Title 9 of the Rhode Island General Laws
entitled Courts and Civil Procedure Procedure Generally is hereby amended
by adding thereto the following chapter:
CHAPTER 1.1
THE STATE FALSE CLAIM ACT
9-1.1-1. Name of act. -- This chapter may be cited as
the state false claims act.
9-1.1-2. Definitions. -- As used in this
chapter:
(a) "State" means the state of Rhode Island; any
agency of state government; and any political subdivision meaning any city,
town, county or other governmental entity authorized or created by state law,
including public corporations and authorities.
(b) "Guard" means the Rhode Island National Guard.
(c) "Investigation" means any inquiry conducted by
any investigator for the purpose of ascertaining whether any person is or has
been engaged in any violation of this chapter.
(d) "Investigator" means a person who is charged
by the Rhode Island attorney general, or his or her designee with the duty of
conducting any investigation under this act, or any officer or employee of the
State acting under the direction and supervision of the department of attorney
general.
(e) "Documentary material" includes the original
or any copy of any book, record, report, memorandum, paper, communication,
tabulation, chart, or other document, or data compilations stored in or
accessible through computer or other information retrieval systems, together
with instructions and all other materials necessary to use or interpret such
data compilations, and any product of discovery.
(f) "Custodian" means the custodian, or any deputy
custodian, designated by the attorney general under section 9-1.1-6 of the
Rhode Island general laws.
(g) "Product of discovery" includes:
(1) the original or duplicate of any deposition, interrogatory,
document, thing, result of the inspection of land or other property,
examination, or admission, which is obtained by any method of discovery in any
judicial or administrative proceeding of an adversarial nature;
(2) any digest, analysis, selection, compilation, or
derivation of any item listed in paragraph (1); and
(3) any index or other manner of access to any item listed
in paragraph (1).
9-1.1-3. Liability for certain acts. -- (a) Any person who:
(1) knowingly presents, or causes to be presented, to an
officer or employee of the state or a member of the guard a false or fraudulent
claim for payment or approval;
(2) knowingly makes, uses, or causes to be made or used, a
false record or statement to get a false or fraudulent claim paid or approved
by the state;
(3) conspires to defraud the state by getting a false or
fraudulent claim allowed or paid;
(4) has possession, custody, or control of property or money
used, or to be used, by the state and, intending to defraud the state or
willfully to conceal the property, delivers, or causes to be delivered, less
property than the amount for which the person receives a certificate or
receipt;
(5) authorized to make or deliver a document certifying
receipt of property used, or to be used, by the state and, intending to defraud
the state, makes or delivers the receipt without completely knowing that the
information on the receipt is true;
(6) knowingly buys, or receives as a pledge of an obligation
or debt, public property from an officer or employee of the state, or a member
of the guard, who lawfully may not sell or pledge the property; or
(7) knowingly makes, uses, or causes to be made or used, a
false record or statement to conceal, avoid or decrease an obligation to pay or
transmit money or property to the state, is liable to the state for a civil
penalty of not less than five thousand dollars ($5,000) and not more than ten
thousand dollars ($10,000), plus three (3) times the amount of damages which
the state sustains because of the act of that person. A person violating this
subsection (a) shall also be liable to the state for the costs of a civil
action brought to recover any such penalty or damages.
(b) Knowing and knowingly defined. As used in this section,
the terms "knowing" and "knowingly" mean that a person,
with respect to information:
(1) has actual knowledge of the information;
(2) acts in deliberate ignorance of the truth or falsity of
the information; or
(3) acts in reckless disregard of the truth or falsity of
the information, and no proof of specific intent to defraud is required.
(c) Claim defined. As used in this section,
"claim" includes any request or demand, whether under a contract or
otherwise, for money or property which is made to a contractor, grantee, or
other recipient if the state provides any portion of the money or property
which is requested or demanded, or if the state will reimburse such contractor,
grantee, or other recipient for any portion of the money or property which is requested
or demanded.
(d) Exclusion. This section does not apply to claims,
records, or statements made under the Rhode Island personal income tax law
contained in Rhode Island general laws chapter 44-30.
9-1.1-4. Civil actions for false claims. -- (a) Responsibilities of the
attorney general. The attorney general diligently shall investigate a violation
under section 9-1.1-3 of this section. If under this section the attorney
general finds that a person has violated or is violating section 9-1.1-3 the
attorney general may bring a civil action under this section against the
person.
(b) Actions by private persons. (1) A person may bring a
civil action for a violation of section 9-1.1-3 for the person and for the
state. The action shall be brought in the name of the state. The action may be
dismissed only if the court and the attorney general give written consent to
the dismissal and their reasons for consenting.
(2) A copy of the complaint and written disclosure of
substantially all material evidence and information the person possesses shall
be served on the state upon the attorney general. The complaint shall be filed
in camera, shall remain under seal for at least sixty (60) days, and shall not
be served on the defendant until the court so orders. The state may elect to
intervene and proceed with the action within sixty (60) days after it receives
both the complaint and the material evidence and information.
(3) The state may, for good cause shown, move the court for
extensions of the time during which the complaint remains under seal under
paragraph (2). Any such motions may be supported by affidavits or other
submissions in camera. The defendant shall not be required to respond to any
complaint filed under this section until twenty (20) days after the complaint
is unsealed and served upon the defendant.
(4) Before the expiration of the sixty (60) day period or
any extensions obtained under paragraph (3), the state shall:
(A) proceed with the action, in which case the action shall
be conducted by the state; or
(B) notify the court that it declines to take over the
action, in which case the person bringing the action shall have the right to
conduct the action.
(5) When a person brings an action under this subsection (b),
no person other than the state may intervene or bring a related action based on
the facts underlying the pending action.
(c) Rights of the parties to Qui
Tam actions.
(1) If the state proceeds with the action, it shall have the
primary responsibility for prosecuting the action, and shall not be bound by an
act of the person bringing the action. Such person shall have the right to
continue as a party to the action, subject to the limitations set forth in
paragraph (2).
(2)(A) The state may dismiss the action notwithstanding the
objections of the person initiating the action if the person has been notified
by the state of the filing of the motion and the court has provided the person
with an opportunity for a hearing on the motion.
(B) The state may settle the action with the defendant
notwithstanding the objections of the person initiating the action if the court
determines, after a hearing, that the proposed settlement is fair, adequate,
and reasonable under all the circumstances. Upon a showing of good cause, such
hearing may be held in camera.
(C) Upon a showing by the state that unrestricted
participation during the course of the litigation by the person initiating the
action would interfere with or unduly delay the state's prosecution of the
case, or would be repetitious, irrelevant, or for purposes of harassment, the
court may, in its discretion, impose limitations on the person's participation,
such as:
(i) limiting the number of witnesses the person may call:
(ii) limiting the length of the testimony of such witnesses;
(iii) limiting the person's cross-examination of witnesses;
or
(iv) otherwise limiting the participation by the person in
the litigation.
(D) Upon a showing by the defendant that unrestricted
participation during the course of the litigation by the person initiating the
action would be for purposes of harassment or would cause the defendant undue
burden or unnecessary expense, the court may limit the participation by the
person in the litigation.
(3) If the state elects not to proceed with the action, the
person who initiated the action shall have the right to conduct the action. If
the state so requests, it shall be served with copies of all pleadings filed in
the action and shall be supplied with copies of all deposition transcripts (at
the state's expense). When a person proceeds with the action, the court,
without limiting the status and rights of the person initiating the action, may
nevertheless permit the State to intervene at a later date upon a showing of
good cause.
(4) Whether or not the state proceeds with the action, upon
a showing by the state that certain actions of discovery by the person
initiating the action would interfere with the state's investigation or
prosecution of a criminal or civil matter arising out of the same facts, the
court may stay such discovery for a period of not more than sixty (60) days.
Such a showing shall be conducted in camera. The court may extend the sixty
(60) day period upon a further showing in camera that the state has pursued the
criminal or civil investigation or proceedings with reasonable diligence and
any proposed discovery in the civil action will interfere with the ongoing
criminal or civil investigation or proceedings.
(5) Notwithstanding subsection (b), the state may elect to
pursue its claim through any alternate remedy available to the state, including
any administrative proceeding to determine a civil money penalty. If any such
alternate remedy is pursued in another proceeding, the person initiating the
action shall have the same rights in such proceeding as such person would have
had if the action had continued under this section. Any finding of fact or
conclusion of law made in such other proceeding that has become final shall be
conclusive on all parties to an action under this section. For purposes of the
preceding sentence, a finding or conclusion is final if it has been finally
determined on appeal to the appropriate court, if all time for filing such an
appeal with respect to the finding or conclusion has expired, or if the finding
or conclusion is not subject to judicial review.
(d) Award to Qui Tam plaintiff.
(1) If the State proceeds with an action brought by a person
under subsection 9-1.1-4(b), such person shall, subject to the second sentence
of this paragraph, receive at least fifteen percent (15%) but not more than
twenty-five percent (25%) of the proceeds of the action or settlement of the
claim, depending upon the extent to which the person substantially contributed
to the prosecution of the action. Where the action is one which the court finds
to be based primarily on disclosures of specific information (other than
information provided by the person bringing the action) relating to allegations
or transactions in a criminal, civil, or administrative hearing, in a legislative,
administrative, or Auditor General's report, hearing, audit, or investigation,
or from the news media, the court may award such sums as it considers
appropriate, but in no case more than ten percent (10%) of the proceeds, taking
into account the significance of the information and the role of the person
bringing the action in advancing the case to litigation. Any payment to a
person under the first or second sentence of this paragraph (1) shall be made
from the proceeds. Any such person shall also receive an amount for reasonable
expenses which the court finds to have been necessarily incurred, plus
reasonable attorneys' fees and costs. The state shall also receive an amount
for reasonable expenses which the court finds to have been necessarily incurred
by the attorney general, including reasonable attorneys' fees and costs, and
the amount received shall be deposited in the false claims act fund created
under this chapter. All such expenses, fees, and costs shall be awarded against
the defendant.
(2) If the state does not proceed with an action under this
section, the person bringing the action or settling the claim shall receive an
amount which the court decides is reasonable for collecting the civil penalty
and damages. The amount shall be not less than twenty-five percent (25%) and
not more than thirty percent (30%) of the proceeds of the action or settlement
and shall be paid out of such proceeds. Such person shall also receive an
amount for reasonable expenses which the court finds to have been necessarily
incurred, plus reasonable attorneys' fees and costs. All such expenses, fees,
and costs shall be awarded against the defendant.
(3) Whether or not the state proceeds with the action, if
the court finds that the action was brought by a person who planned and
initiated the violation of section 9-1.1-3 upon which the action was brought,
then the court may, to the extent the court considers appropriate, reduce the
share of the proceeds of the action which the person would otherwise receive
under paragraph (1) or (2) of this subsection (d), taking into account the role
of that person in advancing the case to litigation and any relevant
circumstances pertaining to the violation. If the person bringing the action is
convicted of criminal conduct arising from his or her role in the violation of
section 9-1.1-3, that person shall be dismissed from the civil action and shall
not receive any share of the proceeds of the action. Such dismissal shall not
prejudice the right of the state to continue the action.
(4) If the state does not proceed with the action and the
person bringing the action conducts the action, the court may award to the
defendant its reasonable attorneys' fees and expenses if the defendant prevails
in the action and the court finds that the claim of the person bringing the
action was clearly frivolous, clearly vexatious, or brought primarily for
purposes of harassment.
(e) Certain actions barred.
(1) No court shall have jurisdiction over an action brought
by a former or present member of the guard under subsection 9-1.1-4(b) (actions by private persons) against a member of the guard arising
out of such person's service in the guard.
(2) No court shall have jurisdiction over an action
brought pursuant to subsection 9-1.1-4(b) (actions by private persons) against
the governor, lieutenant governor, the attorney general, members of the general
assembly, a member of the judiciary, the treasurer, secretary of state, the
auditor general, any director of a state agency, and any other individual
appointed to office by the governor if the action is based on evidence or
information known to the state when the action was brought.
(3) In no event may a person bring an action under
subsection 9-1.1-4(b) which is based upon allegations or transactions which are
the subject of a civil suit or an administrative civil money penalty proceeding
in which the state is already a party.
(4)(A) No court shall have jurisdiction over an action under
this section based upon the public disclosure of allegations or transactions in
a criminal, civil, or administrative hearing, in a legislative, administrative,
or auditor general's report, hearing, audit, or investigation, or from the news
media, unless the action is brought by the attorney general or the person
bringing the action is an original source of the information.
(B) For purposes of this exclusion, "original
source" means an individual who has direct and independent knowledge of
the information on which the allegations are based and has voluntarily provided
the information to the state before filing an action under this section which
is based on the information.
(f) State not liable for certain
expenses.
The state is not liable for expenses which a person incurs in bringing an
action under this section.
(g) Any employee who is
discharged, demoted, suspended, threatened, harassed, or in any other manner
discriminated against in the terms and conditions of employment by his or her
employer because of lawful acts done by the employee on behalf of the employee
or others in furtherance of an action under this section, including
investigation for, initiation of, testimony for, or assistance in an action
filed or to be filed under this section, shall be entitled to all relief
necessary to make the employee whole. Such relief shall include reinstatement
with the seniority status such employee would have had but for the
discrimination, two (2) times the amount of back pay, interest on the back pay,
and compensation for any special damages sustained as a result of the
discrimination, including litigation costs and reasonable attorneys' fees. An
employee may bring an action in the appropriate superior court for the relief
provided in this subsection 9-1.1-4(g).
9-1.1-5. False claims procedure. --
(a)
A subpoena requiring the attendance of a witness at a trial or hearing
conducted under section 9-1.1-4, may be served at any place in the state.
(b) A civil action under section 9-1.1-4 may not be brought:
(1) more than 6 years after the date on which the violation
of section 9-1.1-3 is committed, or
(2) more than three (3) years after the date when facts
material to the right of action are known or reasonably should have been known
by the official of the state charged with responsibility to act in the circumstances,
but in no event more than ten (10) years after the date on which the violation
is committed, whichever occurs last.
(c) In any action brought under section 9-1.1-4, the state
shall be required to prove all essential elements of the cause of action,
including damages, by a preponderance of the evidence.
(d) Notwithstanding any other provision of law, a final
judgment rendered in favor of the state in any criminal proceeding charging
fraud or false statements, whether upon a verdict after trial or upon a plea of
guilty, shall estop the defendant from denying the essential elements of the
offense in any action which involves the same transaction as in the criminal
proceeding and which is brought under subsections 9-1.1-4(a) or 9-1.1-4(b).
9-1.1-6. Subpoenas. -- (a) In general:
(1) Issuance and service. Whenever the attorney general has
reason to believe that any person may be in possession, custody, or control of
any documentary material or information relevant to an investigation, the
attorney general may, before commencing a civil proceeding under this act,
issue in writing and cause to be served upon such person, a subpoena requiring
such person:
(A) to produce such documentary material for inspection and
copying,
(B) to answer, in writing, written interrogatories with
respect to such documentary material or information,
(C) to give oral testimony concerning such documentary
material or information, or
(D) to furnish any combination of such material, answers, or
testimony.
The attorney general may delegate the authority to issue
subpoenas under this subsection (a) to the sate police subject to conditions as
the attorney general deems appropriate. Whenever a subpoena is an express
demand for any product of discovery, the attorney general or his or her
delegate shall cause to be served, in any manner authorized by this section, a
copy of such demand upon the person from whom the discovery was obtained and
shall notify the person to whom such demand is issued of the date on which such
copy was served.
(2) Where a subpoena requires the production of documentary
material, the respondent shall produce the original of the documentary
material, provided, however, that the attorney general may agree that copies
may be substituted for the originals. All documentary material kept or stored
in electronic form, including electronic mail, shall be produced in hard copy,
unless the attorney general agrees that electronic versions may be substituted
for the hard copy. The production of documentary material shall be made at the
respondent's expense.
(3) Contents and deadlines. Each subpoena issued under
paragraph (1):
(A) Shall state the nature of the conduct constituting an
alleged violation that is under investigation and the applicable provision of
law alleged to be violated.
(B) Shall identify the individual causing the subpoena to be
served and to whom communications regarding the subpoena should be directed.
(C) Shall state the date, place, and time at which the
person is required to appear, produce written answers to interrogatories,
produce documentary material or give oral testimony. The date shall not be less
than ten (10) days from the date of service of the subpoena. Compliance with
the subpoena shall be at the office of the attorney general.
(D) If the subpoena is for documentary material or
interrogatories, shall describe the documents or information requested with
specificity.
(E) Shall notify the person of the right to be assisted by
counsel.
(F) Shall advise that the person has twenty (20) days from
the date of service or up until the return date specified in the demand,
whichever date is earlier, to move, modify, or set aside the subpoena pursuant
to subparagraph (j)(2)(A) of this section.
(b) Protected material or information.
(1) In general. A subpoena issued under subsection (a) may
not require the production of any documentary material, the submission of any
answers to written interrogatories, or the giving of any oral testimony if such
material, answers, or testimony would be protected from disclosure under:
(A) the standards applicable to subpoenas or subpoenas duces
tecum issued by a court of this state to aid in a grand jury investigation; or
(B) the standards applicable to discovery requests under the
Rhode Island superior court rules of civil procedure, to the extent that the
application of such standards to any such subpoena is appropriate and
consistent with the provisions and purposes of this section.
(2) Effect on other orders, rules, and laws. Any such
subpoena which is an express demand for any product of discovery supersedes any
inconsistent order, rule, or provision of law (other than this section)
preventing or restraining disclosure of such product of discovery to any
person. Disclosure of any product of discovery pursuant to any such subpoena
does not constitute a waiver of any right or privilege which the person making
such disclosure may be entitled to invoke to resist discovery of trial
preparation materials.
(c) Service in general. Any subpoena issued under subsection
(a) may be served by any person so authorized by the attorney general or by any
person authorized to serve process on individuals within Rhode Island, through
any method prescribed in the Rhode Island superior court rules of civil
procedure or as otherwise set forth in this chapter.
(d) Service upon legal entities and natural persons.
(1) Legal entities. Service of any subpoena issued under
subsection (a) or of any petition filed under subsection (j) may be made upon a
partnership, corporation, association, or other legal entity by:
(A) delivering an executed copy of such subpoena or petition
to any partner, executive officer, managing agent, general agent, or registered
agent of the partnership, corporation, association or entity;
(B) delivering an executed copy of such subpoena or petition
to the principal office or place of business of the partnership, corporation,
association, or entity; or
(C) depositing an executed copy of such subpoena or petition
in the United States mails by registered or certified mail, with a return
receipt requested, addressed to such partnership, corporation, association, or
entity as its principal office or place of business.
(2) Natural person. Service of any such subpoena or petition
may be made upon any natural person by:
(A) delivering an executed copy of such subpoena or petition
to the person; or
(B) depositing an executed copy of such subpoena or petition
in the United States mails by registered or certified mail, with a return
receipt requested, addressed to the person at the person's residence or
principal office or place of business.
(e) Proof of service. A verified return by the individual
serving any subpoena issued under subsection (a) or any petition filed under
subsection (j) setting forth the manner of such service shall be proof of such
service. In the case of service by registered or certified mail, such return
shall be accompanied by the return post office receipt of delivery of such
subpoena.
(f) Documentary material.
(1) Sworn certificates. The production of documentary
material in response to a subpoena served under this Section shall be made
under a sworn certificate, in such form as the subpoena designates, by:
(A) in the case of a natural person, the person to whom the
subpoena is directed, or
(B) in the case of a person other than a natural person, a
person having knowledge of the facts and circumstances relating to such
production and authorized to act on behalf of such person. The certificate shall state that all of the
documentary material required by the demand and in the possession, custody, or
control of the person to whom the subpoena is directed has been produced and
made available to the attorney general.
(2) Production of materials. Any person upon whom any subpoena
for the production of documentary material has been served under this section
shall make such material available for inspection and copying to the attorney
general at the place designated in the subpoena, or at such other place as the
attorney general and the person thereafter may agree and prescribe in writing,
or as the court may direct under subsection (j)(1). Such material shall be made
so available on the return date specified in such subpoena, or on such later
date as the attorney general may prescribe in writing. Such person may, upon
written agreement between the person and the attorney general, substitute
copies for originals of all or any part of such material.
(g) Interrogatories. Each interrogatory in a subpoena served
under this section shall be answered separately and fully in writing under oath
and shall be submitted under a sworn certificate, in such form as the subpoena
designates by:
(1) in the case of a natural person, the person to whom the
subpoena is directed, or
(2) in the case of a person other than a natural person, the
person or persons responsible for answering each interrogatory. If any
interrogatory is objected to, the reasons for the objection shall be stated in
the certificate instead of an answer. The certificate shall state that all
information required by the subpoena and in the possession, custody, control,
or knowledge of the person to whom the demand is directed has been submitted.
To the extent that any information is not furnished, the information shall be
identified and reasons set forth with particularity regarding the reasons why
the information was not furnished.
(h) Oral examinations.
(1) Procedures. The examination of any person pursuant to a
subpoena for oral testimony served under this section shall be taken before an
officer authorized to administer oaths and affirmations by the laws of this
state or of the place where the examination is held. The officer before whom
the testimony is to be taken shall put the witness on oath or affirmation and
shall, personally or by someone acting under the direction of the officer and
in the officer's presence, record the testimony of the witness. The testimony
shall be taken stenographically and shall be transcribed. When the testimony is
fully transcribed, the officer before whom the testimony is taken shall
promptly transmit a certified copy of the transcript of the testimony in
accordance with the instructions of the attorney general. This subsection shall
not preclude the taking of testimony by any means authorized by, and in a
manner consistent with, the Rhode Island superior court rules of civil
procedure.
(2) Persons present. The investigator conducting the
examination shall exclude from the place where the examination is held all
persons except the person giving the testimony, the attorney for and any other
representative of the person giving the testimony, the attorney for the state,
any person who may be agreed upon by the attorney for the state and the person
giving the testimony, the officer before whom the testimony is to be taken, and
any stenographer taking such testimony.
(3) Where testimony taken. The oral testimony of any person
taken pursuant to a subpoena served under this section shall be taken in the
county within which such person resides, is found, or transacts business, or in
such other place as may be agreed upon by the attorney general and such person.
(4) Transcript of testimony. When the testimony is fully
transcribed, the attorney general or the officer before whom the testimony is
taken shall afford the witness, who may be accompanied by counsel, a reasonable
opportunity to review and correct the transcript, in accordance with the rules
applicable to deposition witnesses in civil cases. Upon payment of reasonable
charges, the attorney general shall furnish a copy of the transcript to the
witness, except that the attorney general may, for good cause, limit the
witness to inspection of the official transcript of the witness' testimony.
(5) Conduct of oral testimony.
(A) Any person compelled to appear for oral testimony under
a subpoena issued under subsection (a) may be accompanied, represented, and
advised by counsel, who may raise objections based on matters of privilege in
accordance with the rules applicable to depositions in civil cases. If such person
refuses to answer any question, a petition may be filed in superior court under
subsection (j)(1) for an order compelling such person to answer such question.
(B) If such person refuses any question on the grounds of
the privilege against self-incrimination, the testimony of such person may be
compelled in accordance with rules of criminal procedure.
(6) Witness fees and allowances. Any person appearing for
oral testimony under a subpoena issued under subsection 9-1.1-6(a) shall be
entitled to the same fees and allowances which are paid to witnesses in the
superior court.
(7) Custodians of documents, answers, and transcripts.
(A) Designation. The attorney general or his or her delegate
shall serve as custodian of documentary material, answers to interrogatories,
and transcripts of oral testimony received under this section.
(B) Except as otherwise provided in this section, no
documentary material, answers to interrogatories, or transcripts of oral testimony,
or copies thereof, while in the possession of the custodian, shall be available
for examination by any individual, except as determined necessary by the
attorney general and subject to the conditions imposed by him or her for
effective enforcement of the laws of this state, or as otherwise provided by
court order.
(C) Conditions for return of material. If any documentary
material has been produced by any person in the course of any investigation
pursuant to a subpoena under this section and:
(i) any case or proceeding before the court or grand jury
arising out of such investigation, or any proceeding before any state agency
involving such material, has been completed, or
(ii) no case or proceeding in which such material may be
used has been commenced within a reasonable time after completion of the
examination and analysis of all documentary material and other information
assembled in the course of such investigation,
the custodian shall, upon written request of the person who produced
such material, return to such person any such material which has not passed
into the control of any court, grand jury, or agency through introduction into
the record of such case or proceeding.
(j) Judicial proceedings.
(1) Petition for enforcement. Whenever any person fails to
comply with any subpoena issued under subsection (a), or whenever satisfactory
copying or reproduction of any material requested in such demand cannot be done
and such person refuses to surrender such material, the attorney general may
file, in the superior court of the county in which such person resides, is
found, or transacts business, or the superior court in the he county in which
an action filed pursuant to section 9-1.1-4 is pending if the action relates to
the subject matter of the subpoena and serve upon such person a petition for an
order of such court for the enforcement of the subpoena.
(2) Petition to modify or set aside subpoena.(A) Any person
who has received a subpoena issued under subsection (a) may file, in the
superior court of any county within which such person resides, is found, or
transacts business, and serve upon the attorney general a petition for an order
of the court to modify or set aside such subpoena. In the case of a petition
addressed to an express demand for any product of discovery, a petition to
modify or set aside such demand may be brought only in the superior court of
the county in which the proceeding in which such discovery was obtained is or
was last pending. Any petition under this subparagraph (a) must be filed:
(i) within twenty (20) days after the date of service of the
subpoena, or at any time before the return date specified in the subpoena,
whichever date is earlier, or
(ii) within such longer period as may be prescribed in
writing by the attorney general.
(B) The petition shall specify each ground upon which the
petitioner relies in seeking relief under subparagraph (a), and may be based
upon any failure of the subpoena to comply with the provisions of this section
or upon any constitutional or other legal right or privilege of such person.
During the pendency of the petition in the court, the court may stay, as it
deems proper, the running of the time allowed for compliance with the subpoena,
in whole or in part, except that the person filing the petition shall comply
with any portion of the subpoena not sought to be modified or set aside.
(3) Petition to modify or set aside demand for product of
discovery. In the case of any subpoena issued under subsection (a) which is an
express demand for any product of discovery, the person from whom such
discovery was obtained may file, in the superior court of the county in which
the proceeding in which such discovery was obtained is or was last pending, a
petition for an order of such court to modify or set aside those portions of
the subpoena requiring production of any such product of discovery, subject to
the same terms, conditions, and limitations set forth in subparagraph (j)(2) of
this section.
(4) Jurisdiction. Whenever any petition is filed in any
superior court under this subsection (j), such court shall have jurisdiction to
hear and determine the matter so presented, and to enter such orders as may be
required to carry out the provisions of this section. Any final order so
entered shall be subject to appeal in the same manner as appeals of other final
orders in civil matters. Any disobedience of any final order entered under this
section by any court shall be punished as a contempt of the court.
(k) Disclosure exemption.
Any documentary material, answers to written interrogatories, or oral
testimony provided under any subpoena issued under subsection (a) shall be
exempt from disclosure under the Rhode Island access to public records law,
section 38-2-2.
9-1.1-7. Procedure. -- The Rhode Island superior court
rules of civil procedure shall apply to all proceedings under this chapter,
except when those rules are inconsistent with this Chapter.
9-1.1-8. Funds. -- There is hereby created a
separate fund entitled the false claims act fund. All proceeds of an action or
settlement of a claim brought under this chapter shall be deposited in the
Fund.
SECTION 3. Section 38-2-2 of the General Laws in
Chapter 38-2 entitled Access to Public Records is hereby amended to read as
follows:
38-2-2. Definitions. -- As used in this chapter:
(1) "Agency" or "public body" shall mean
any executive, legislative, judicial, regulatory, or administrative body of the
state, or any political subdivision thereof; including, but not limited to, any
department, division, agency, commission, board, office, bureau, authority, any
school, fire, or water district, or other agency of Rhode Island state or local
government which exercises governmental functions, any authority as defined in
§ 42-35-1(b), or any other public or private agency, person, partnership,
corporation, or business entity acting on behalf of and/or in place of any
public agency.
(2) "Chief administrative officer" means the
highest authority of the public body as defined in subsection (a) of this
section.
(3) "Public business" means any matter over which
the public body has supervision, control, jurisdiction, or advisory power.
(4) "Public record" or "public records"
shall mean all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, magnetic or other tapes, electronic data processing
records, computer stored data (including electronic mail messages, except
specifically for any electronic mail messages of or to elected officials with
or relating to those they represent and correspondence of or to elected
officials in their official capacities) or other material regardless of
physical form or characteristics made or received pursuant to law or ordinance
or in connection with the transaction of official business by any agency. For
the purposes of this chapter, the following records shall not be deemed public:
(A) All records which are identifiable to an individual
applicant for benefits, client, patient, student, or employee, including, but
not limited to, personnel, medical treatment, welfare, employment security,
pupil records, all records relating to a client/attorney relationship and to a
doctor/patient relationship, and all personal or medical information relating
to an individual in any files, including information relating to medical or
psychological facts, personal finances, welfare, employment security, student
performance, or information in personnel files maintained to hire, evaluate,
promote, or discipline any employee of a public body; provided, however, with
respect to employees, the name, gross salary, salary range, total cost of paid
fringe benefits, gross amount received in overtime, and other remuneration in
addition to salary, job title, job description, dates of employment and
positions held with the state or municipality, work location, business
telephone number, the city or town of residence, and date of termination shall
be public.
(II) Notwithstanding the provisions of this section, or any
other provision of the general laws to the contrary, the pension records of all
persons who are either current or retired members of the retirement systems
established by the general laws as well as all persons who become members of
those retirement systems after June 17, 1991 shall be open for public
inspection. "Pension records" as used in this section shall include
all records containing information concerning pension and retirement benefits
of current and retired members of the retirement systems established in title
8, title 36, title 42, and title 45 and future members of said systems,
including all records concerning retirement credits purchased and the ability
of any member of the retirement system to purchase retirement credits, but
excluding all information regarding the medical condition of any person and all
information identifying the member's designated beneficiary or beneficiaries.
(B) Trade secrets and commercial or financial information
obtained from a person, firm, or corporation which is of a privileged or
confidential nature.
(C) Child custody and adoption records, records of
illegitimate births, and records of juvenile proceedings before the family
court.
(D) All records maintained by law enforcement agencies for
criminal law enforcement and all records relating to the detection and
investigation of crime, including those maintained on any individual or
compiled in the course of a criminal investigation by any law enforcement
agency. Provided, however, such records shall not be deemed public only to the
extent that the disclosure of the records or information (a) could reasonably
be expected to interfere with investigations of criminal activity or with
enforcement proceedings, (b) would deprive a person of a right to a fair trial
or an impartial adjudication, (c) could reasonably be expected to constitute an
unwarranted invasion of personal privacy, (d) could reasonably be expected to
disclose the identity of a confidential source, including a state, local, or
foreign agency or authority, or any private institution which furnished
information on a confidential basis, or the information furnished by a
confidential source, (e) would disclose techniques and procedures for law
enforcement investigations or prosecutions, or would disclose guidelines for
law enforcement investigations or prosecutions or (f) could reasonably be
expected to endanger the life or physical safety of any individual. Records
relating to management and direction of a law enforcement agency and records or
reports reflecting the initial arrest of an adult and the charge or charges
brought against an adult shall be public.
(E) Any records which would not be available by law or rule
of court to an opposing party in litigation.
(F) Scientific and technological secrets and the security
plans of military and law enforcement agencies, the disclosure of which would
endanger the public welfare and security.
(G) Any records which disclose the identity of the
contributor of a bona fide and lawful charitable contribution to the public
body whenever public anonymity has been requested of the public body with
respect to the contribution by the contributor.
(H) Reports and statements of strategy or negotiation
involving labor negotiations or collective bargaining.
(I) Reports and statements of strategy or negotiation with
respect to the investment or borrowing of public funds, until such time as
those transactions are entered into.
(J) Any minutes of a meeting of a public body which are not
required to be disclosed pursuant to chapter 46 of title 42.
(K) Preliminary drafts, notes, impressions, memoranda,
working papers, and work products; provided, however, any documents submitted
at a public meeting of a public body shall be deemed public.
(L) Test questions, scoring keys, and other examination data
used to administer a licensing examination, examination for employment or
promotion, or academic examinations; provided, however, that a person shall
have the right to review the results of his or her examination.
(M) Correspondence of or to elected officials with or
relating to those they represent and correspondence of or to elected officials
in their official capacities.
(N) The contents of real estate appraisals, engineering, or
feasibility estimates and evaluations made for or by an agency relative to the
acquisition of property or to prospective public supply and construction
contracts, until such time as all of the property has been acquired or all
proceedings or transactions have been terminated or abandoned; provided the law
of eminent domain shall not be affected by this provision.
(O) All tax returns.
(P) All investigatory records of public bodies, with the
exception of law enforcement agencies, pertaining to possible violations of
statute, rule, or regulation other than records of final actions taken provided
that all records prior to formal notification of violations or noncompliance
shall not be deemed to be public.
(Q) Records of individual test scores on professional
certification and licensing examinations; provided, however, that a person
shall have the right to review the results of his or her examination.
(R) Requests for advisory opinions until such time as the
public body issues its opinion.
(S) Records, reports, opinions, information, and statements
required to be kept confidential by federal law or regulation or state law, or
rule of court.
(T) Judicial bodies are included in the definition only in
respect to their administrative function provided that records kept pursuant to
the provisions of chapter 16 of title 8 are exempt from the operation of this
chapter.
(U) Library records which by themselves or when examined
with other public records, would reveal the identity of the library user
requesting, checking out, or using any library materials.
(V) Printouts from TELE TEXT devices used by people who
are deaf or hard of hearing or speech impaired.
(W) All records received by the insurance division of the
department of business regulation from other states, either directly or through
the National Association of Insurance Commissioners, if those records are
accorded confidential treatment in that state. Nothing contained in this title
or any other provision of law shall prevent or be construed as prohibiting the
commissioner of insurance from disclosing otherwise confidential information to
the insurance department of this or any other state or country, at any time, so
long as the agency or office receiving the records agrees in writing to hold it
confidential in a manner consistent with the laws of this state.
(X) Credit card account numbers in the possession of state
or local government are confidential and shall not be deemed public records.
(Y) Any documentary material, answers to written
interrogatories, or oral testimony provided under any subpoena issued under
Rhode Island general law section 9-1.1-6.
(ii) However, any reasonably segregable portion of a public
record excluded by this section shall be available for public inspections after
the deletion of the information which is the basis of the exclusion, if
disclosure of the segregable portion does not violate the intent of this
section.
(5) "Supervisor of the regulatory body" means the
chief or head of a section having enforcement responsibility for a particular
statute or set of rules and regulations within a regulatory agency.
(6) "Prevailing plaintiff" means and shall include
those persons and entities deemed prevailing parties pursuant to 42 U.S.C. §
1988.
SECTION 4. Section 40-6-9.1 of the
General Laws in Chapter 40-6
entitled Public Assistance Act is hereby amended to read as follows:
40-6-9.1. Data matching -- Health care coverages. -- (a) For purposes of
this section, the term "medical assistance program" shall mean
medical assistance provided in whole or in part by the department of human services
pursuant to chapters 5.1, 8, 8.4 of title 40, 12.3 of title 42 and/or title XIX
or XXI of the federal Social Security Act, as amended, 42 U.S.C. § 1396 et seq. and 42 U.S.C. § 1397aa et seq.,
respectively. Any references to the
department shall be to the department of human services.
(b) In furtherance of the assignment of rights to
medical support to the department of human services under § 40-6-9 (b), (c),
(d), and (e) and in order to determine the availability of other sources of
health care insurance or coverage for beneficiaries of the medical assistance
program, and to determine potential third party liability for medical
assistance paid out by the department, all health insurers, health
maintenance organizations, including managed care organizations,
and third party administrators, self insured plans, pharmacy benefit
managers (PBM), and other parties that are by statute, contract, or agreement,
legally responsible for payment of a claim for a health care item of service
doing business in the state of Rhode Island shall permit and participate in
data matching with the department of human services, as provided in this
section, to assist the Department to identify medical assistance program
applicants, beneficiaries and/or persons responsible for providing medical
support for such applicants and beneficiaries who may also have health care
insurance or coverage in addition to that provided or to be provided by the
medical assistance program and to determine any third party liability in
accordance with this section.
The department shall
take all reasonable measures to determine the legal liability of all third
parties (including health insurers, self-insured plans, group health plans (as
defined in section 607(1) of the Employee Retirement Income Security Act of
1974 [29 USCS section 1167(1)]), service benefit
plans, health maintenance organizations, managed care organizations, pharmacy
benefit managers, or other parties that are, by statute, contract, or
agreement, legally responsible for payment of a claim for a health care item or
service), to pay for care and services on behalf of a medical assistance
recipient, including collecting sufficient information to enable the department
to pursue claims against such third parties.
In any case
where such a legal liability is found to exist and medical assistance has been
made available on behalf of the individual (beneficiary), the department shall
seek reimbursement for such assistance to the extent of such legal liability
and in accordance with the assignment described in section 40-6-9.
To the extent
that payment has been made by the department for medical assistance to a
beneficiary in any case where a third
party has a legal liability to make payment for such assistance, and to the extent that payment has been made by
the department for medical assistance for health care items or services
furnished to an individual, the department (state) is considered to have
acquired the rights of such individual to payment by any other party for such
health care items or services in accordance with section 40-6-9.
Any health insurer (including a group health plan, as
defined in section 607(1) of the employee retirement income security act of
1974 [29 USCS section 1167(1)], a self-insured
plan, a service benefit plan, a managed care organization, a pharmacy benefit
manager, or other party that is, by statute, contract, or agreement, legally
responsible for payment of a claim for a health care item or service), in
enrolling an individual or in making any payments for benefits to the
individual or on the individual's behalf, is prohibited from taking into
account that the individual is eligible for or is provided medical assistance
under a plan under 42 USCS section 1396 et seq. for such
state, or any other state.
(c) Notwithstanding the provisions of any general,
public or special law, or rule or regulation to the contrary, aAll
health insurers, including, but not limited to, health maintenance
organizations, third party administrators, nonprofit medical service
corporations ,nonprofit hospital service corporations, subject to the
provisions of chapters 18, 19, 20 and 41 of title 27, as well as, self-insured plans, group health plans (as
defined in section 607(1) of the Employee Retirement Income Security Act of
1974 [29 USCS section 1167(1)]), service benefit
plans, managed care organizations, pharmacy benefit managers, or other parties
that are, by statute, contract, or agreement, legally responsible for payment
of a claim for a health care item or service) doing business in this state
shall:
(i) provide or shall make other arrangements to provide,
information to the department to enable the medical assistance program,
mutually satisfactory to both parties,: (1) to identify medical assistance
program recipients, applicants and/or persons
responsible for providing medical support for those recipients and
applicants who are or could be enrollees or beneficiaries under any individual or
group health insurance contract, plan or policy available or in force and
effect in the state; and (2) to determine the scope and terms of this
insurance.
(ii) with respect to
individuals who are eligible for, or are provided, medical assistance by the
department, upon the request of the department, provide information to
determine during what period the individual or their spouses or their
dependents may be (or may have been) covered by a health insurer and the nature
of the coverage that is or was provided by the health insurer (including the
name, address, and identifying number of the plan);
(iii) accept the state's right of recovery and the
assignment to the state of any right of an individual or other entity to
payment from the party for an item or service for which payment has been made
by the department;
(iv) respond to any inquiry by the department regarding a
claim for payment for any health care item or service that is submitted not
later than three (3) years after the date of the provision of such health care
item or service; and
(v) agree not to deny a claim submitted by the state based
solely on procedural reasons such as on the basis of the date of submission of
the claim, the type or format of the claim form, or a failure to present proper
documentation at the point-of-sale that is the basis of the claim, if--
(I) the claim is submitted by the state within the three (3)
year period beginning on the date on which the item or service was furnished;
and
(II) any action by the state to enforce its rights with
respect to such claim is commenced within six (6) years of the state's
submission of such claim.
(d) This information shall be made available by these
insurers and health maintenance organizations and used by the department of
human services only for the purposes of and to the extent necessary for
identifying these persons and determining the scope and terms of
coverage, and ascertaining third party liability. The department of human services shall
provide information to the health plan insurers as defined in § 27-18.4-1,
only to the extent sufficient to clarify discrepancies resulting from the data
matching process in the identification of an individual health insurers,
including health insurers, self-insured plans, group health plans (as defined
in section 607(1) of the employee retirement income security act of 1974 [29 USCS section 1167(1)]), service benefit
plans, managed care organizations, pharmacy benefit managers, or other parties
that are, by statute, contract, or agreement, legally responsible for payment
of a claim for a health care item or service) only for the purposes described
herein.
(e) No health insurer, health maintenance organization,
or third party administrator which provides or makes arrangements to provide
information pursuant to this section shall be liable in any civil or criminal
action or proceeding brought by beneficiaries or members on account of this
action for the purposes of violating confidentiality obligations under the
law.
(f) Upon completion of data matching, the department of
human services shall reimburse such health insurers for the reasonable
documented costs of conducting the matches
(f) The department shall submit any appropriate and necessary state plan provisions.
(g) The department of human services is authorized and
directed to promulgate regulations necessary to ensure the effectiveness of
this section.
SECTION 5. Section
27-18.4-1 of the General Laws in Chapter 27-18.4 entitled Health
Insurance-Coordination with Federal Medicaid Program is hereby amended to read
as follows:
27-18.4-1. Definitions. (a) "Insurer" means any health insurer (including
a group health plan, as defined in § 607(1) of the Employee Retirement Income
Security Act of 1974, 29 U.S.C. § 1167(1)), a health maintenance organization
as defined in § 27-41-2, a qualified health maintenance organization as
referred to in § 42-62-9, a non-profit hospital service corporation as defined
in § 27-19-1, a non-profit medical service corporation as defined in § 27-20-1,
a non-profit dental service corporation as defined in § 27-20.1-1, a non-profit
optometric service corporation as defined in § 27-20.2-1, self insured
plans, pharmacy benefit managers (PBM), and other parties that are by statute,
contract, or agreement, legally responsible for payment of a claim for a health
care item of service doing business in the state, a domestic insurance company subject to chapter 1 of this title,
and a foreign insurance company subject to chapter 2 of this title.
(b)
"Medical assistance" and "Medicaid" mean medical assistance
provided in whole or in part by the department of human services pursuant to
chapter 40-5.1, 40-8, 40-8.4 or 42-12.3 of the general laws and/or title XIX or
XXI of the federal Social Security Act, as amended, 42 U.S.C. § 1396 et seq.
and 42 U.S.C. § 1397aa et seq., respectively.
SECTION 6. Section
40-5.1-19 of the General Laws in Chapter 40-5.1 entitled Family Independence
Act is hereby amended to read as follows:
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, subject to the provisions
of § 40-8-1(d) and provided, further, that such medical assistance, must
qualify for federal financial participation pursuant to the provisions of Title
XIX of the federal social security act, 42 U.S.C. section 1396 et seq.
(b) If a family
becomes ineligible for cash assistance payments under this chapter 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 twelve (12) months or until employer paid family health care coverage begins
subject to the provisions of section 40-8-1(d) and provided, further, that
medical assistance, must qualify for federal financial participation pursuant
to the provisions of title XIX of the federal social security Act, 42 U.S.C.
section 1396 et seq.
(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 7. Section
40-8-1 of the General Laws in Chapter 40-8 entitled Medical Assistance is
hereby amended to read as follows:
40-8-1. Declaration of policy. -- (a) Whereas, in
the state of Rhode Island there are many persons who do not have sufficient
income and resources to meet the cost of medical care and who, except for
income and resource requirements, would be eligible for aid or assistance under
§ 40-5.1-9 or § 40-6-27; and
(b) Whereas, it is in the best interest of all the
citizens of this state to promote the welfare of persons with the
characteristics of persons eligible to receive public assistance and ensure
that they will receive adequate medical care and treatment in time of need;
(c) Now, therefore, it is declared to be the policy of
this state to provide medical assistance for those persons in this state who
possess the characteristics of persons receiving public assistance under the
provisions of § 40-5.1-9 or § 40-6-27, and who do not have the income and
resources to provide it for themselves or who can do so only at great financial
sacrifice. Provided, further, that such medical assistance, except as
provided in subsection (d), must qualify for federal financial
participation pursuant to the provisions of Title XIX of the federal Social
Security Act, 42 U.S.C. § 1396 et seq. as such provisions apply to medically
needy only applicants and recipients.
(d) Medical assistance shall be provided under this
chapter without regard to the availability of federal financial participation:
(1) to a person who does not meet the citizenship or alienage criteria under
Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and who was
lawfully residing in the United states before August 22, 1996 and who was a
resident of this state prior to July 1, 1997; and (2) to a non-citizen child
who was lawfully admitted for permanent residence on or after August 22, 1996
or who first becomes otherwise entitled to reside in the United States on or
after August 22, 1996 and is receiving medical assistance in Rhode Island
on or before December 31, 2006; and provided, however, that such person meets
all other eligibility requirements under this chapter or under Title XIX of the
Social Security Act.
SECTION 8. Section 1
shall take effect upon passage and shall remain in effect until either
rejection of the State False Claims Act by the Office of Inspector General or
February 15, 2008 in the event of non-acceptance by the Office of Inspector
General by February 15, 2008, whichever occurs first. Section 2 shall become
effective upon the rejection of the State False Claims Act by the Office of
Inspector General or February 15, 2008 in the event of non-acceptance by the
Office of Inspector General by February 15, 2008, whichever occurs first. The
remainder of the article shall take effect upon passage.
ARTICLE 19 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, 2005, the period from
October 1, 2003 through September 30, 2004 and for any fiscal year ending
after September 30, 2007, the period from October 1, 2005 through September 30,
2006.
(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, 2005 shall be deemed to be 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%), and that the uncompensated care index for the
payment year ending September 30, 2007 shall be deemed to be five and
forty-seven hundredths percent (5.47%), and that the uncompensated care
index for the payment year ending September 30, 2008 shall be deemed to be five
and forty seven hundredths percent (5.47%).
40-8.3-3. Implementation. (a)
For the fiscal year commencing on October 1, 2006 and ending September 30,
2007, 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 $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 July 16, 2007 and are expressly conditioned upon approval on or
before July 9, 2007 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 2007 8 for the
disproportionate share payments.
(b) For the fiscal year
commencing on October 1, 2007 and ending September 30, 2008, 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 $99.5 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 July 14, 2008 and are expressly conditioned upon approval on or
before July 7, 2008 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 2008 for the disproportionate share
payments.
(b) (c) 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 20 SUBSTITUTE A
RELATING TO CHILD CARE ELIGIBILITY
SECTION 1. Section 40-5.1-17 of the General Laws in Chapter
40-5.1 entitled Family Independence Act is hereby amended to read as follows:
40-5.1-17. Families eligible for child care assistance. (a)(1) The department
shall provide appropriate childcare to every parent who requires childcare in
order to meet the work requirements in § 40-5.1-9 and to all other families
with incomes at or below one hundred eighty-five percent (185%) one
hundred eighty percent (180%) of the federal poverty line, if and to the
extent such other families require childcare in order to work at paid
employment; provided, however, that effective January 1, 1999, the
department shall provide appropriate childcare to such other families whose
incomes are at or below two hundred percent (200%) of the federal poverty line;
effective July 1, 1999, the department shall provide appropriate childcare to
such other families whose incomes are at or below two hundred twenty-five
percent (225%) of the federal poverty line.
(2) No family shall be eligible for child
care assistance under this chapter if the combined value of its liquid
resources exceeds ten thousand dollars ($10,000). Liquid resources are defined
as any interest(s) in property in the form of cash or other financial instruments
or accounts which are readily convertible to cash or cash equivalents. These
include, but are not limited to, cash, bank, credit union, or other financial
institution savings, checking and money market accounts, certificates of
deposit or other time deposits, stocks, bonds, mutual funds, and other similar
financial instruments or accounts. These do not include educational savings
accounts, plans, or programs; retirement accounts, plans, or programs; or
accounts held jointly with another adult, not including a spouse, living
outside the same household but only to the extent the applicant/recipient
family documents the funds are from sources owned by the other adult living
outside the household, plus the proportionate share of any interest, dividend
or capital gains thereon. The department is authorized to promulgate rules and
regulations to determine the ownership and source of the funds in the joint
account.
(3) As a condition of eligibility for
child care assistance under this chapter, the parent or caretaker relative of
the family must consent to and must cooperate with the department in
establishing paternity, and in establishing and/or enforcing child support and
medical support orders for all children in the family in accordance with title
15 of the general laws, as amended, unless the parent or caretaker relative is
found to have good cause for refusing to comply with the requirements of this
subsection.
(b) For purposes of this section "appropriate
childcare" means childcare, including infant/toddler, pre-school, nursery
school, school-age, and youth care, which is provided by a person or
organization qualified, approved, and authorized to provide such care by the
department of children, youth, and families, or by the department of elementary
and secondary education, or such other lawful providers as determined by the
department of human services, in cooperation with the department of children,
youth and families and the department of elementary and secondary education for
a child below the age of sixteen (16) thirteen (13).
(c) The department of human services shall determine
rates of reimbursement for childcare services for children over the age of
twelve (12) in accordance with the provisions of § 40-6.2-1.1(d).
For purposes of this section
"appropriate childcare" is defined in § 40-5.1-9(d).
(d) Families with incomes below one hundred percent
(100%) of the applicable federal poverty guidelines shall be provided with free
childcare. Families with incomes equal to or greater than one hundred percent
(100%) of the applicable federal poverty guideline shall be required to pay for
some portion of the childcare they receive, according to a sliding fee scale
adopted by the department.
(e) In determining the type of childcare to be
provided to a family, the department shall take into account the cost of
available childcare options and the suitability of the type of care available
for the child and the parent's preference as to the type of childcare.
(f) For purposes of this section
"income" for families receiving cash assistance under § 40-5.1-9
means gross earned income and unearned income, subject to the income exclusions
in § 40-5.1-10(b) and § 40-5.1-10(c); and income for other families shall mean
gross earned and unearned income as determined by departmental regulations.
(g) The entitlement provided for in subsection (a)
shall be an entitlement to payment of a subsidy for childcare to an appropriate
childcare provider as defined in subsection (b). The caseload estimating conference
established by chapter 17 of title 35 shall forecast the expenditures for
childcare in accordance with the provisions of § 35-17-1.
(h) In determining eligibility for child care
assistance program for children of members of reserve components called to
active duty during a time of conflict, the department shall freeze the family
composition and the family income of the reserve component member as it was in
the month prior to the month of leaving for active duty. This shall continue
until the individual is officially discharged from active duty.
SECTION 2. This
article shall take effect as of July 1, 2007.
ARTICLE 21 SUBSTITUTE A AS AMENDED
EDUCATION
AID
SECTION 1. Sections 16-7-23 and 16-7-29 of the General
Laws in Chapter 16-7 entitled Foundation Level School Support are hereby
amended to read as follows:
16-7-23. Community requirements Adequate minimum budget provision.
(a) The school committee's budget provisions of each community for current
expenditures in each budget year shall provide for an amount from all sources
sufficient to support the basic program and all other approved programs shared
by the state. Each community shall contribute local funds to its school
committee in an amount not less than its local contribution for schools in the
previous fiscal year. Calculation of the annual local contribution shall not
include Medicaid revenues received by the municipality or district pursuant to
chapter 8 of title 40. A community which has a decrease in enrollment may
compute maintenance of effort on a per pupil rather than on an aggregate basis
when determining its local contribution; furthermore, a community which
experiences a nonrecurring expenditure for its schools may deduct the
nonrecurring expenditure in computing its maintenance of effort. The deduction
of nonrecurring expenditures shall be with the approval of the commissioner.
The courts of this state shall enforce this section by writ of mandamus.
(b) Whenever any state funds
are appropriated for educational purposes, the funds shall be used for
educational purposes only and all state funds appropriated for educational
purposes must be used to supplement any and all money allocated by a city or
town for educational purposes and, in no event, shall state funds be used to
supplant, directly or indirectly, any money allocated by a city or town for
educational purposes. All state funds shall be appropriated by the municipality
to the school committee for educational purposes in the same fiscal year in
which they are appropriated at the state level even if the municipality has
already adopted a school budget. All state and local funds unexpended by the
end of the fiscal year of appropriation shall remain a surplus of the school
committee and shall not revert to the municipality. Any surplus of state or
local funds appropriated for educational purposes shall not in any respect
affect the requirement that each community contribute local funds in an amount
not less than its local contribution for schools in the previous fiscal year,
subject to subsection (a) of this section, and shall not in any event be
deducted from the amount of the local appropriation required to meet the
maintenance of effort provision in any given year.
16-7-29. Minimum salary schedule established by community. (a) Every community shall establish
and put into full effect by appropriate action of its school committee a salary
schedule recognizing years of service, experience, and training for all
certified personnel regularly employed in the public schools and having no more
than twelve (12) annual steps. provided, however, that any salary supplement
required under § 16-25.3-2 shall not be considered a step for the purposes of
this section. The term "school year" as applied to the salary schedule
means the ten (10) calendar months beginning in September and ending the
following June.
(b) Nothing in this section
shall prohibit a freeze or reduction of the monetary value of the steps in the
salary schedule through the collective bargaining process.
SECTION 2. Section 16-17.1-16 of the General Laws in
Chapter 16-7.1 entitled The Rhode Island Student Investment Initiative is
hereby amended to read as follows:
16-7.1-15. The Rhode Island student investment initiative.
(a) Each locally or regionally operated school district shall receive as a base
the same amount of school aid as each district received in fiscal year
1997-1998, adjusted to reflect the increases or decreases in aid enacted to
meet the minimum and maximum funding levels established for FY 2000 through FY
2006 FY 2007. Each school district shall also receive school aid
through each investment fund for which that district qualifies pursuant to §§
16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12, 16-7.1-16 and 16-7.1-19.
These sums shall be in addition to the base amount described in this
section. For FY 2007 FY 2008,
the reference year for the data used in the calculation of aid pursuant to
§16-7.1-8, §16-7.1-9, §16-7.1-10, §16-7.1-11, section 16-7.1-11.1,
§16-7.1-12, and §16-7.1-16, sections 16-7.1-19 and 16-77.1-2(b) shall
be FY 2004. 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 2007
FY 2008 under this section and §§ 16-7.1-11.1, 16-64-1.1 and
16-77.1-2(b) shall be as follows:
Barrington 2,599,526 2,599,526
Burrillville 13,779,743 13,854,743
Charlestown 2,002,838 2,002,832
Coventry 20,075,081 20,075,081
Cranston 35,580,911 35,580,911
Cumberland 13,257,009 13,257,009
East
Greenwich 1,949,761 1,949,761
East
Providence 26,762,254 26,888,254
Foster
1,416,463 1,416,463
Glocester
3,213,847 3,213,847
Hopkinton
6,241,352 6,241,352
Jamestown
531,908 531,908
Johnston
10,915,364 10,915,364
Lincoln
7,403,268 7,403,268
Little
Compton 368,810 368,810
Middletown 10,497,116 10,497,116
Narragansett 1,897,159 1,897,159
Newport
11,796,080 11,871,080
New
Shoreham 106,345 106,345
North
Kingstown 11,986,005 11,986,005
North
Providence 13,232,872 13,262,872
North
Smithfield 4,834,237 4,834,237
Pawtucket
66,858,559 67,023,559
Portsmouth
6,250,042 6,700,042
Providence
193,974,756 194,109,756
Richmond
6,188,615 6,188,615
Scituate
3,407,183 3,407,183
Smithfield
5,668,568 5,743,568
South
Kingstown 10,428,698 10,548,698
Tiverton
5,932,058 5,932,058
Warwick
37,626,000 37,626,000
Westerly
6,843,077 6,843,077
West
Warwick 20,440,547 20,440,547
Woonsocket
47,616,613 47,616,613
Bristol-Warren
20,498,190 20,498,190
Exeter-West
Greenwich 7,661,019 7,661,019
Chariho
398,334 398,334
Foster-Glocester
5,729,861 5,729,861
Central
Falls 43,313,036 43,873,873
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 3. Section 16-25.3-2 of the General Laws in
Chapter 16-25.3 entitled School Speech and Language Pathologists is hereby
amended to read as follows:
16-25.3-2. Employment of speech language pathologists. (a)
Each school district is encouraged by the general assembly to employ one full
time certified speech language pathologist for every forty (40) students who
receive speech language services within the age range of three (3) to
twenty-one (21). In cases where the number of students receiving speech
language services is above forty (40), the school district is encouraged to
employ a speech language pathologist on a part time pro-rata basis.
(b) When a
speech and language evaluation or the provision of speech language services are
being considered or are part of the student's program the speech language
pathologist shall be a member of the multidisciplinary team.
(c) In the
event an individual seeks emergency certification from the department of
elementary and secondary education in the area of speech language pathology,
the individual must meet the following minimum requirements before the granting
of emergency certification by the department of elementary and secondary
education:
(1) Hold a
bachelor's degree in communicative disorders from an accredited college or
university;
(2) Have
successfully completed no less than eighteen (18) hours of graduate credit in the
area of speech language pathology.
(d)
Individuals under emergency certification to conduct the business of a speech
language pathologist shall be under the direct supervision of a certified
speech language pathologist. At no time shall a certified speech language
pathologist supervise more than one emergency certified speech language
pathologist.
(e) Any licensed
speech language pathologist who has met the requirements and acquired a
Certificate of Clinical Competence from the American Speech-Language-Hearing
Association, and who is employed full-time as a speech language pathologist
by a school district, shall be entitled to receive an annual salary supplement
of one thousand seven hundred fifty dollars ($1,750) for school year 2007
only, in addition to any other compensation to which the employee may be
entitled.
Any licensed speech language
pathologist who has met the requirements and acquired a Certificate of Clinical
Competence from the American Speech-Language-Hearing Association and is employed
full-time by a school district shall submit documentation to the department
of elementary and secondary education, and to the local school district by
December 1, in order to be eligible to receive the salary supplement in the
next immediate school year, except for the school year 2007, in which
documentation shall be submitted to the department of elementary and secondary
education and the local school district by October 1 in order to be eligible to
receive the salary supplement in that school year. The department of elementary
and secondary education shall, within thirty (30) days, notify the school
district if the documentation provided by the employee is inadequate to show
proof of certification, thereby rendering the employee ineligible for the salary
supplement in the next immediate school year; provided, however, that if the
employee provides additional information, with fifteen (15) days of
notification of ineligibility, verifying certification, that employee shall be
entitled to receive the salary supplement in the next immediate school year.
(f) Local school districts
shall be reimbursed by the state for costs attributable to the salary
supplements provided for in this act.
SECTION
4. Section 16-25.3-2 of the General Laws in Chapter 16-25.3
entitled "School Speech and Language Pathologists" is hereby amended
to read as follows:
16-25.3-2. Employment of speech language pathologists. --
(a) Each school district is encouraged by the general assembly to employ one
full time certified speech language pathologist for every forty (40) students
who receive speech language services within the age range of three (3) to
twenty-one (21). In cases where the number of students receiving speech
language services is above forty (40), the school district is encouraged to
employ a speech language pathologist on a part time pro-rata basis.
(b) When a speech and language evaluation or the provision of
speech language services are being considered or are part of the student's
program the speech language pathologist shall be a member of the
multidisciplinary team.
(c) In the event an individual seeks emergency certification from
the department of elementary and secondary education in the area of speech
language pathology, the individual must meet the following minimum requirements
before the granting of emergency certification by the department of elementary
and secondary education:
(1) Hold a bachelor's degree in communicative disorders from an
accredited college or university;
(2) Have successfully completed no less than eighteen (18) hours
of graduate credit in the area of speech language pathology.
(d) Individuals under emergency certification to conduct the
business of a speech language pathologist shall be under the direct supervision
of a certified speech language pathologist. At no time shall a certified speech
language pathologist supervise more than one emergency certified speech
language pathologist.
(e) Any licensed speech language pathologist who has met the requirements
and acquired a Certificate of Clinical Competence from the American
Speech-Language-Hearing Association, and who is employed by a school district,
shall be entitled to receive an annual salary supplement of one thousand seven
hundred fifty dollars ($1,750), in addition to any other compensation to which
the employee may be entitled.
Any licensed speech language pathologist who has met the
requirements and acquired a Certificate of Clinical Competence from the
American Speech-Language-Hearing Association shall submit documentation to the
department of elementary and secondary education, and to the local school
district by December 1, in order to be eligible to receive the salary
supplement in the next immediate school year, except for the school year 2007,
in which documentation shall be submitted to the department of elementary and
secondary education and the local school district by October 1 in order to be
eligible to receive the salary supplement in that school year. The department of elementary and secondary
education shall, within thirty (30) days, notify the school district if the
documentation provided by the employee is inadequate to show proof of
certification, thereby rendering the employee ineligible for the salary
supplement in the next immediate school year; provided, however, that if the
employee provides additional information, with fifteen (15) days of
notification of ineligibility, verifying certification, that employee shall be
entitled to receive the salary supplement in the next immediate school year.
(f) Local school districts shall be reimbursed by the state for
costs attributable to the salary supplements provided for in this act.
SECTION 5. Chapter 16-47 of the General Laws entitled
Compact for Education is hereby repealed in its entirety:
16-47-1. Compact. The
interstate compact for education is enacted into law and entered into by this
state with all states legally joining in the compact in the form substantially
as follows:
ARTICLE
I
Purpose
and Policy
A. It is the purpose of this
compact to:
1. Establish and maintain
close cooperation and understanding among executive, legislative, professional
educational and lay leadership on a nationwide basis at the state and local
levels.
2. Provide a forum for the
discussion, development, crystalization and recommendation of public policy
alternatives in the field of education.
3. Provide a clearing house
of information on matters relating to educational problems and how they are
being met in different places throughout the nation, so that the executive and
legislative branches of state government and of local communities may have
ready access to the experience and record of the entire country, and so that
both lay and professional groups in the field of education may have additional
avenues for the sharing of experience and the interchange of ideas in the
formation of public policy in education.
4. Facilitate the improvement
of state and local educational systems so that all of them will be able to meet
adequate and desirable goals in a society which requires continuous qualitative
and quantitative advance in educational opportunities, methods and facilities.
B. It is the policy of this
compact to encourage and promote local and state initiative in the development,
maintenance, improvement and administration of educational systems and
institutions in a manner which will accord with the needs and advantages of
diversity among localities and states.
C. The party states recognize
that each of them has an interest in the quality and quantity of education
furnished in each of the other states, as well as in the excellence of its own
educational systems and institutions, because of the highly mobile character of
individuals within the nation, and because the products and services
contributing to the health, welfare and economic advancement of each state are
supplied in significant part by persons educated in other states.
ARTICLE
II
State
Defined
As used in the compact,
"State" means state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.
ARTICLE
III
The
Commission
A. The educational commission
of the states, hereinafter called "The commission", is hereby
established. The commission shall consist of seven (7) members representing
each party state. One of such members shall be the governor; two (2) shall be
members of the state legislature selected by its respective houses and serving
in such manner as the legislature may determine; and four (4) shall be
appointed by and serve at the pleasure of the governor, unless the laws of the
state otherwise provide. If the laws of a state prevent legislators from
serving on the commission, six (6) members shall be appointed by and serve at
the pleasure of the governor, unless the laws of the state otherwise provide.
In addition to any other principles or requirements which a state may establish
for the appointment and service of its members of the commission, the guiding
principle for the composition of the membership on the commission from each
party state shall be that the members representing such state shall, by virtue
of their training, experience, knowledge or affiliations be in a position
collectively to reflect broadly the interests of the state government, higher
education, the state education system, local education, lay and professional,
public and non-public educational leadership. Of those appointees, one shall be
the head of a state agency or institution, designated by the governor, having
responsibility for one or more programs of public education. In addition to the
members of the commission representing the party states, there may be not to
exceed ten (10) non-voting commissioners selected by the steering committee for
terms of one year. Such commissioners shall represent leading national
organizations of professional educators or persons concerned with educational
administration.
B. The members of the
commission shall be entitled to one vote each on the commission. No action of
the commission shall be binding unless taken at a meeting at which a majority
of the total number of votes on the commission are cast in favor thereof.
Action of the commission shall be only at a meeting at which a majority of the
commissioners are present. The commission shall meet at least once a year. In
its by-laws, and subject to such directions and limitations as may be contained
therein, the commission may delegate the exercise of any of its powers to the
steering committee or the executive director, except for the power to approve
budgets or requests for appropriations, the power to make policy
recommendations pursuant to article IV and adoption of the annual report
pursuant to article III (J).
C. The commission shall have
a seal.
D. The commission shall elect
annually, from among its members, a chairperson, who shall be a governor, a
vice chairperson and a treasurer. The commission shall provide for the
appointment of an executive director. Such executive director shall serve at
the pleasure of the commission, and together with the treasurer and such other
personnel as the commission may deem appropriate shall be bonded in such amount
as the commission shall determine. The executive director shall be secretary.
E. Irrespective of the civil
service, personnel or other merit system laws of any of the party states, the
executive director subject to the approval of the steering committee shall
appoint, remove or discharge such personnel as may be necessary for the
performance of the functions of the commission, and shall fix the duties and
compensation of such personnel. The commission in its bylaws shall provide for
the personnel policies and programs of the commission.
F. The commission may borrow,
accept or contract for the services of personnel from any party jurisdiction,
the United States, or any subdivision or agency of the aforementioned
governments, or from any agency of two (2) or more of the party jurisdictions
or their subdivisions.
G. The commission may accept
for any of its purposes and functions under this compact any and all donations,
and grants of money, equipment, supplies, materials and services, conditional
or otherwise, from any state, the United States, or any other governmental
agency, or from any person, firm, association, foundation, or corporation, and
may receive, utilize and dispose of the same. Any donation or grant accepted by
the commission pursuant to this paragraph or services borrowed pursuant to
paragraph (F) of this article shall be reported in the annual report of the
commission. Such report shall include the nature, amount and conditions, if
any, of the donation, grant, or services borrowed, and the identity of the
donor or lender.
H. The commission may
establish and maintain such facilities as may be necessary for the transacting
of its business. The commission may acquire, hold, and convey real and personal
property and any interest therein.
I. The commission shall adopt
bylaws for the conduct of its business and shall have the power to amend and
rescind these bylaws. The commission shall publish its bylaws in convenient
form and shall file a copy thereof and a copy of any amendments thereto, with
the appropriate agency or officer in each of the party states.
J. The commission annually
shall make to the governor and legislature of each party state a report
covering the activities of the commission for the preceding year. The
commission may make such additional reports as it may deem desirable.
ARTICLE
IV
Powers
In addition to authority conferred
on the commission by other provisions of the compact, the commission shall have
authority to:
1. Collect, correlate,
analyze and interpret information and data concerning educational needs and
resources.
2. Encourage and foster
research in all aspects of education, but with special reference to the
desirable scope of instruction, organization, administration, and instructional
methods and standards employed or suitable for employment in public educational
systems.
3. Develop proposals for
adequate financing of education as a whole and at each of its many levels.
4. Conduct or participate in
research of the types referred to in this article in any instance where the
commission finds that such research is necessary for the advancement of the
purposes and policies of this compact, utilizing fully the resources of
national associations, regional compact organizations for higher education, and
other agencies and institutions, both public and private.
5. Formulate suggested
policies and plans for the improvement of public education as a whole, or for
any segment thereof, and make recommendations with respect thereto available to
the appropriate governmental units, agencies and public officials.
6. Do such other things as
may be necessary or incidental to the administration of any of its authority or
functions pursuant to this compact.
ARTICLE
V
Cooperation
with Federal Government
A. If the laws of the United
States specifically so provide, or if administrative provision is made
therefore within the federal government, the United States may be represented
on the commission by not to exceed ten (10) representatives. Any such
representative or representatives of the United States shall be appointed and
serve in such manner as may be provided by or pursuant to federal law, and may
be drawn from any one or more branches of the federal government, but no such
representative shall have a vote on the commission.
B. The commission may provide
information and make recommendations to any executive or legislative agency or
officer of the federal government concerning the common educational policies of
the states, and may advise with any such agencies or officers concerning any
matter of mutual interest.
ARTICLE
VI
Committees
A. To assist in the
expeditious conduct of its business when the full commission is not meeting,
the commission shall elect a steering committee of thirty (30) members which,
subject to the provisions of this compact and consistent with the policies of
the commission, shall be constituted and function as provided in the by-laws of
the commission. One-third (1/3) of the voting membership of the steering
committee shall consist of governors, and the remainder shall consist of other
members of the commission. A federal representative on the commission may serve
with the steering committee, but without vote. The voting members of the
steering committee shall serve for terms of two (2) years, except that members
elected to the first steering committee of the commission shall be elected as
follows: fifteen (15) for one year and fifteen (15) for two (2) years. The
chairperson, vice chairperson, and treasurer of the commission shall be members
of the steering committee and, anything in this paragraph to the contrary
notwithstanding, shall serve during their continuance in these offices.
Vacancies in the steering committee shall not affect its authority to act, but
the commission at its next regularly ensuing meeting following the occurrence
of any vacancy shall fill it for the unexpired term. No person shall serve more
than two (2) terms as a member of the steering committee: provided that service
for a partial term of one year or less shall not be counted toward the two (2)
term limitation.
B. The commission may
establish advisory and technical committees composed of state, local, and
federal officials, and private persons to advise it with respect to any one or
more of its functions. Any advisory or technical committee may, on request of
the states concerned, be established to consider any matter of special concern
to two (2) or more of the party states.
C. The commission may
establish such additional committees as its by-laws may provide.
ARTICLE
VII
Finance
A. The commission shall
advise the governor or designated officer or officers of each party state of
its budget and estimated expenditures for such period as may be required by the
laws of that party state. Each of the commission's budgets of estimated
expenditures shall contain specific recommendations of the amount or amounts to
be appropriated by each of the party states.
B. The total amount of
appropriation requests under any budget shall be apportioned among the party
states. In making such apportionment, the commission shall devise and employ a
formula which takes equitable account of the populations and per capita income
levels of the party states.
C. The commission shall not
pledge the credit of any party states. The commission may meet any of its
obligations in whole or in part with funds available to it pursuant to article III(G)
of this compact, provided that the commission takes specific action setting
aside such funds prior to incurring an obligation to be met in whole or in part
in such manner. Except where the commission makes use of funds available to it
pursuant to article III(G) thereof, the commission shall not incur any
obligation prior to the allotment of funds by the party states adequate to meet
the same.
D. The commission shall keep
accurate accounts of all receipts and disbursements. The receipts and disbursements
of the commission shall be subject to the audit and accounting procedures
established by its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a qualified public
accountant, and the report of the audit shall be included in and become part of
the annual reports of the commission.
E. The accounts of the
commission shall be open at any reasonable time for inspection by duly
constituted officers of the party states and by any persons authorized by the
commission.
F. Nothing contained herein
shall be construed to prevent commission compliance with laws relating to audit
or inspection of accounts by or on behalf of any government contributing to the
support of the commission.
ARTICLE
VIII
Eligible
Parties; Entry into and Withdrawal
A. This compact shall have as
eligible parties all states, territories, and possessions of the United States,
the District of Columbia, and the Commonwealth of Puerto Rico. In respect of
any such jurisdiction not having a governor, the term "governor", as
used in this compact, shall mean the closest equivalent official of such
jurisdiction.
B. Any state or other
eligible jurisdiction may enter into this compact and it shall become binding
thereon when it has adopted the same: provided that in order to enter into
initial effect, adoption by at least ten (10) eligible party jurisdictions
shall be required.
C. Adoption of the compact
may be either by enactment thereof or by adherence thereto by the governor;
provided that in the absence of enactment, adherence by the governor shall be
sufficient to make his state a party only until December 31, 1967. During any
period when a state is participating in this compact through gubernatorial
action, the governor shall appoint those persons who, in addition to himself or
herself, shall serve as the members of the commission from his or her state,
and shall provide to the commission an equitable share of the financial support
of the commission from any source available to him or her.
D. Except for a withdrawal
effective on December 31, 1967, in accordance with paragraph C of this article,
any party state may withdraw from this compact by enacting a statute repealing
the same, but no such withdrawal shall take effect until one year after the
governor of the withdrawing state has given notice in writing of the withdrawal
to the governors of all other party states. No withdrawal shall affect any
liability already incurred by or chargeable to a party state prior to the time
of such withdrawal.
ARTICLE
IX
Construction
and Severability
This compact shall be
liberally construed so as to effectuate the purposes thereof. The provisions of
this compact shall be severable and if any phrase, clause, sentence or
provision of this compact is declared to be contrary to the constitution of any
state or of the United States, or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be held
contrary to the constitution of any state participating therein, the compact
shall remain in full force and effect as to the state affected as to all severable
matters.
SECTION
6. 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 June 30 December 31 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. This
notification shall also include an estimate of the number of group home beds by
city or town that are projected to be licensed by DCYF between July 1 and
December 31 of each year.
(2) On 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. section
1400 et seq.]as of that date;
(2) For the fiscal year
beginning July 1, 2007, if the number of beds certified by the Department of
Children, Youth and Families for a school district by December 31, 2007 is
greater than the number certified March 14, 2007 upon which the education aid
for FY 2008 was appropriated, the education aid for that district will be
increased by the number of increased beds multiplied by fifteen thousand
dollars ($15,000). Notwithstanding the provisions of this section or any law to
the contrary, the education aid for all group home or other residential
facility "beds" located or associated with the Children's Residential
and Family Treatment (CRAFT) program located on the East Providence campus of Bradley
Hospital shall be twenty-two thousand dollars ($22,000) per bed. The Department
of Elementary and Secondary Education shall include the additional aid in equal
payments in March, April, May and June, and the Governor's budget
recommendations pursuant to section 35-3-8 shall include the amounts required
to provide the increased aid.
For all fiscal years
beginning after June 30, 2008, education aid for each school district shall
include fifteen thousand dollars ($15,000) for each bed certified by the Department
of Children, Youth and Families by the preceding December 31. Notwithstanding
the provisions of this section or any law to the contrary, the education aid
for all group home or other residential facility "beds" located or
associated with the Children's Residential and Family Treatment (CRAFT) program
located on the East Providence campus of Bradley Hospital shall be twenty-two
thousand dollars ($22,000) per bed. For all fiscal years beginning after June
30, 2008, whenever the number of beds certified by the Department of Children,
Youth and Families for a school district by December 31 is greater than the
number certified the prior December 31 upon which the education aid for that
fiscal year was appropriated, the education aid for that district as enacted by
the assembly during the prior legislative session for that fiscal year will be
increased by the number of increased beds multiplied by the amount per bed
authorized for that fiscal year. The Department of Elementary and Secondary
Education shall include the additional aid in equal payments in March, April,
May and June, and the Governor's budget recommendations pursuant to section
35-3-8 shall include the amounts required to provide the increased aid.
(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 June 30 of the reference year as defined in
section 16-7-16(11). Each city or town shall receive an additional per pupil
rate for beds certified by DCYF as licensed between July 1 and December 31 of
each year. 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 June
30 of the reference year as defined in section 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.
(5) For fiscal year 2007, aid received pursuant to this section
shall be equal to aid received in the fiscal year 2006 enacted budget. However,
notwithstanding the language in subsection 3 limiting requests for additional
aid to the year in which facility "beds" have increased by more than
five (5) in that annual cycle, communities may, pursuant to subsection 3,
petition in the fiscal year 2007 for additional aid based upon an increase of
more than five (5) "beds" subsequent to the passage of the fiscal
year 2006 budget enacted by the 2005 General Assembly.
(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 section 16-64-1.2. The city
or town determined to be responsible to DYCF for a per-pupil special education
cost pursuant to section 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 7. Sections 3 and 5 of this article shall take effect as of July 1, 2006; the remainder of this article shall take effect on July 1, 2007.
ARTICLE 22 SUBSTITUTE A AS AMENDED
RELATING TO DELINQUENT AND DEPENDENT
CHILDREN
Section
1.
Sections 14-1-6, 14-1-7.3, 14-1-27, 14-1-32, 14-1-34, and 14-1-36 of
Chapter 14-1 entitled Proceedings in Family Court are hereby amended to read
as follows:
14-1-6. Retention
of jurisdiction. -- (a) When the court shall have obtained
jurisdiction over any child prior to the child s eighteenth having
attained the age of seventeen years birthday by the filing of a
petition alleging that the child is wayward or delinquent comes
within the jurisdiction of the court pursuant to § 14-1-5, the child shall,
except as specifically provided in this chapter, continue under the
jurisdiction of the court until he or she becomes twenty-one (21)
nineteen (19) years of age, unless discharged prior to turning nineteen
(19). When the court shall have
obtained jurisdiction over any child prior to the childs eighteenth birthday
by the filing of a petition alleging that the child is dependent, neglected and
abused pursuant to § 14-1-5 and 40-11-7, the child shall, except as
specifically provided in this chapter, continue under the jurisdiction of the
court until he or she becomes eighteen (18) years of age; provided, that
prior to an order of discharge or emancipation being entered, the court shall
require the department of children, youth, and families to provide a
description of the transition services afforded the child in placement or a
detailed explanation as to the reason those services were not offered; provided further that any youth who comes
within the jurisdiction of the court by the filing of a wayward or delinquent
petition based upon an offense which was committed prior to July 1,2007,
including youth who are adjudicated and committed to the Rhode Island Training
School and who are placed in a temporary community placement as authorized by
the family court, may continue under
the jurisdiction of the court until he or she turns twenty one (21) years of
age.
(b) In any case where the
court shall not have acquired jurisdiction over any person prior to the
person's eighteenth birthday by the filing of a petition alleging that the
person had committed an offense, but a petition alleging that the person had
committed an offense which would be punishable as a felony if committed by an
adult has been filed before that person attains the age of twenty-one (21)
years of age, that person shall, except as specifically provided in this
chapter, be subject to the jurisdiction of the court until he or she becomes
twenty-one (21) years of age, unless discharged prior to turning twenty-one
(21).
(c) (b)
In any case where the court shall not have acquired jurisdiction over any
person prior to the person's attaining the age of seventeen years twenty-first
birthday by the filing of a petition alleging that the person had committed
an offense prior to the person's eighteenth attaining the age
of seventeen years birthday which would be punishable as a felony if
committed by an adult, that person shall be referred to the court which would
have had jurisdiction over the offense if it had been committed by an adult.
The court shall have jurisdiction to try that person for the offense committed
prior to the person attaining the age of seventeen years his or her
eighteenth birthday and, upon conviction, may impose a sentence
not exceeding the maximum penalty provided for the conviction of that offense.
(c) Any person who has
attained the age of seventeen years or older who commits an offense which would
constitute a felony or a misdemeanor if committed by an adult prior to his or
her eighteenth birthday, that person shall be referred to the court which would
have had jurisdiction over the offense if it had been committed by an adult.
The court shall have jurisdiction to try that person for the offense committed
prior to his or her eighteenth birthday and, upon conviction, may impose a
sentence not exceeding the maximum penalty provided for the conviction of that
offense.
(d) In any case where the court has certified and adjudicated
a child in accordance with the provisions of §§ 14-1-7.2 and 14-1-7.3, the
jurisdiction of the court shall encompass the power and authority to sentence
the child to a period in excess of the age of nineteen (19) twenty-one
(21) years. However, in no case shall the sentence be in excess of the
maximum penalty provided by statute for the conviction of the offense.
(e) Nothing in this section shall be construed to affect
the jurisdiction of other courts over offenses committed by any person after he
or she reaches the age of nineteen (19) years.
14-1-7.3. Certification Effect. -- (a)
Upon a finding by the court that the child is subject to certification pursuant
to § 14-1-7.2, the court shall afford the child a right to a jury trial, and
upon conviction for the offense charged, the court shall sentence the child in
accordance with one of the following alternatives:
(1) Impose a
sentence upon the child to the training school for youth until the time that
the child attains the age of twenty-one (21) nineteen (19) years;
(2) Impose a sentence
upon the child for a period in excess of the child's twenty-first nineteenth
birthday to the adult correctional institutions, with the period of the child's
minority to be served in the training school for youth in a facility to be
designated by the court. However, the
sentence shall not exceed the maximum sentence provided for by statute for
conviction of the offense.
(b) Any child who is
certified shall not be eligible for release from the training school for youth
unless, after hearing, the certifying judge, or the chief judge in his or her
absence, or his or her designee, determines by clear and convincing evidence
that the child will not pose a threat to the public during the term of the release.
(c) In the event that the
court has modified the order of certification pursuant to § 14-1-42 by
suspending the balance of the sentence imposed, any violation of the terms of
the suspended sentence shall be referred to the appropriate adult court to be
treated in accordance with the regular procedure of the court, unless the
person is under the age of eighteen (18) years at the time of the violation, in
which case, jurisdiction over the sentence shall continue in the family court.
(d) In the event that the
court, after a hearing on modification of the order of certification pursuant
to § 14-1-42, has determined that it has not been demonstrated by clear and
convincing evidence that the person has been sufficiently rehabilitated and
could be released in the community without posing a danger to the public should
the order of certification be modified, the court shall deny the modification
of the order of certification and direct the person to serve the balance of his
or her sentence under the jurisdiction of the department of corrections in a
facility under the control of the department. The sentence, including any term
served in the training school for youth, shall be subject to the regulations
and statutes governing the parole board.
(e) Any person who
commits an offense which would be punishable as a felony if committed by an
adult, after having been certified and adjudicated by the family court pursuant
to § 14-1-7.2, may, after a hearing by a justice of the family court to
determine that probable cause exists to believe that the child has committed
the offense, have the jurisdiction over his or her sentence transferred to the
department of corrections to be served in facilities under the control of the
department.
(f) A finding
that the child is subject to certification shall constitute presumptive
evidence of the non-amenability of the person to further treatment in
facilities available to the family court and the court shall transfer the
jurisdiction over his or her sentence to the department of corrections to be
served in facilities under the control of the department, unless the
presumption is rebutted by clear and convincing evidence which demonstrates
that the person is amenable to treatment in family court facilities.
(g) A finding that the child
is subject to certification shall also constitute presumptive evidence of the
non-amenability of the person to further treatment in facilities available to
the family court and the court shall waive jurisdiction over that offense and
all subsequent offenses and the child shall be prosecuted for the offense by
the court which would have jurisdiction if committed by an adult, unless the
presumption is rebutted by clear and convincing evidence which demonstrates
that the person is amenable to treatment in family court facilities.
(2) A waiver of
jurisdiction over a child pursuant to subdivision (1) of this subsection shall
constitute a waiver of jurisdiction over that child for that offense and for
all subsequent offenses of whatever nature, and the child shall be referred to
the court which would have had jurisdiction if the offense had been committed
by an adult.
(h) The name of any
person waived or certified and convicted shall be available to the general
public.
14-1-34. Placement
of dependent and neglected children Criminal records of foster parents made
available. -- (a) If, after a hearing on any petition, a
child shall be found to be dependent or neglected within the meaning of this
chapter, the court shall by decree assign the custody of the child to the
director of children, youth and families, for any period that shall seem fit to
the court; and the director of children, youth, and families shall become
entitled to the custody of the child to the exclusion of any other person. The
court may at any time, for good cause shown, modify or revoke the decree.
(b) For any individual
eighteen (18) years of age or older, the family court may order that the case
management services be provided by the licensed agency, society, or institution
in which the individual is placed; provided, that the department monitors the
individual's case on a quarterly basis.
(c) (b) The department for children,
youth and families shall apply to the bureau of criminal identification of the state
police or the local police department for a nationwide criminal records check
of prospective foster parents. The check will conform to the applicable federal
standards including the taking of fingerprints to identify the applicant. The
department of children, youth, and families shall request the attorney general,
through the division of criminal identification, to make available any criminal
record of present and prospective foster parents. The attorney general shall
immediately comply with that request, and the department of children, youth,
and families, shall examine these records in determining the suitability of
these persons to be foster parents. The criminal record check shall be
conducted without charge to the foster parents. At the conclusion of the
background check required in this section, the state police, attorney general
or the local police department shall promptly destroy the fingerprint record of
the applicant obtained pursuant to this chapter.
14-1-36. Commitment of delinquent and wayward children. (a) In all proceedings under
this chapter, when the court may orders a delinquent or
wayward child to be committed to an institution, the institution shall be
the training school for youth for a sentence no longer than the youths
nineteenth birthday. However, nothing contained in this section shall be
construed to prohibit the placing of any child in the custody of the department
of children, youth and families or any other agency, society, or institution,
pursuant to § 14-1-32. The commitment of delinquent or wayward children shall
be by an order and all assignments of the custody of dependent, neglected,
delinquent, or wayward children to the state training school for youth or to
the custody of the department of children, youth and families or to any of the
private institutions, agencies, or societies mentioned in this chapter shall be
by a decree signed by the justice of the court by whom the order or decree is
issued, and that order or decree shall be directed to any person that the court
may designate, and shall require that person to take the child and deliver him
or her to the officer in charge of the training school for youth or to the
custody of the director of children, youth and families or of the public or
private institution, agency, or society, and the order or decree shall
constitute the person charged with it, while he or she has the order in his or
her possession for service, an officer for all purposes under this chapter, in
any county of the state in which it may be necessary for him or her to go. The
person charged with carrying out the order or decree shall also deliver to the
officer of the public or private institution, agency, or society or to the
training school for youth or the director of children, youth and families a
copy of the order or the decree signed by the justice of the court issuing it,
and subject to the provisions of this chapter, the officer and other
authorities in charge of the training school for youth or the director of
children, youth and families or any public or private institution, agency, or
society shall hold the child according to the terms of any other order or
decree that may from time to time thereafter be issued by the court in relation
to the child.
(b) Whenever the court shall
commit a child to the training school for youth or to the director of children,
youth and families or any other institution or agency, it shall transmit with
the order of commitment a summary of its information concerning the child.
SECTION 2.
Section 42-72-3 of Chapter 42-72 entitled Department of Children, Youth and
Families is hereby amended as follows:
42-72-3. Definitions.
For the purposes of this chapter:
(1)
"Advocate" means the child advocate or any of his or her agents,
servants or employees as established pursuant to this title.
(2)
"Child" or "children" means any person under the age of
eighteen (18); provided that children over the age of eighteen (18) and who
continue to receive services from the department who are nevertheless
subject to the continuing jurisdiction of the family court pursuant to
chapter 1 of title 14 and/or who are defined as emotionally
disturbed and/or as children with functional developmental disabilities as
referenced in this section according to chapter 7 of title 40.1
shall be considered "children" for all the purposes of this chapter.
(3) "Child
abuse and neglect" is that term as defined in chapter 11 of title 40.
(4)
"Department" means the department of children, youth, and families.
(5)
"Director" means the director of children, youth, and families, or
his or her designee.
(6)
"Regional service center" means the respective local or regional
units established by the director.
(7)
"Near fatality" means an act that, as certified by a physician, placed
the child in serious or critical condition.
(8)
"Infant" means any person under the age of twenty-four (24) months.
SECTION 3: Section 42-72-5 of Chapter 42-72
entitled Department of Children, Youth and Families is hereby amended as
follows:
42-72-5. Powers and scope of
activities. (a) The department is the principal agency
of the state to mobilize the human, physical and financial resources available
to plan, develop, and evaluate a comprehensive and integrated statewide program
of services designed to ensure the opportunity for children to reach their full
potential. The services include prevention, early intervention, out-reach,
placement, care and treatment, and after-care programs; provided, however, that
the department notifies the state police and cooperates with local police
departments when it receives and/or investigates a complaint of sexual assault
on a minor and concludes that probable cause exists to support the
allegations(s). The department also serves as an advocate for the needs of
children.
(b) To accomplish
the purposes and duties, as set forth in this chapter, the director is
authorized and empowered:
(1) To
establish those administrative and operational divisions of the department that
the director determines is in the best interests of fulfilling the purposes and
duties of this chapter;
(2) To
assign different tasks to staff members that the director determines best suit
the purposes of this chapter;
(3) To
establish plans and facilities for emergency treatment, relocation and physical
custody of abused or neglected children which may include, but are not limited
to, homemaker/educator child case aides, specialized foster family programs,
day care facilities, crisis teams, emergency parents, group homes for teenage
parents, family centers within existing community agencies, and counseling
services;
(4) To establish,
monitor, and evaluate protective services for children including, but not
limited to, purchase of services from private agencies and establishment of a
policy and procedure manual to standardize protective services;
(5) To plan
and initiate primary and secondary treatment programs for abused and neglected
children;
(6) To
evaluate the services of the department and to conduct periodic comprehensive
needs assessment;
(7) To
license, approve, monitor, and evaluate all residential and non-residential
child care institutions, group homes, foster homes, and programs;
(8) To
recruit and coordinate community resources, public and private;
(9) To promulgate
rules and regulations concerning the confidentiality, disclosure and
expungement of case records pertaining to matters under the jurisdiction of the
department;
(10) To
establish a minimum mandatory level of twenty (20) hours of training per year
and provide ongoing staff development for all staff; provided, however, all
social workers hired after June 15, 1991, within the department shall have a
minimum of a bachelor's degree in social work or a closely related field, and must
be appointed from a valid civil service list;
(11) To
establish procedures for reporting suspected child abuse and neglect pursuant
to chapter 11 of title 40;
(12) To
promulgate all rules and regulations necessary for the execution of departmental
powers pursuant to the Administrative Procedures Act, chapter 35 of title 42;
(13) To
provide and act as a clearinghouse for information, data and other materials
relative to children;
(14) To initiate
and carry out studies and analysis which will aid in solving local, regional
and statewide problems concerning children;
(15) To
represent and act on behalf of the state in connection with federal grant
programs applicable to programs for children in the functional areas described
in this chapter;
(16) To
seek, accept, and otherwise take advantage of all federal aid available to the
department, and to assist other agencies of the state, local agencies, and
community groups in taking advantage of all federal grants and subventions
available for children;
(17) To
review and coordinate those activities of agencies of the state and of any
political subdivision of the state which affect the full and fair utilization
of community resources for programs for children, and initiate programs that will
help assure utilization;
(18) To
administer the pilot juvenile restitution program, including the overseeing and
coordinating of all local community based restitution programs, and the
establishment of procedures for the processing of payments to children
performing community service; and
(19) To
adopt rules and regulations which:
(i) For the
twelve (12) month period beginning on October 1, 1983, and for each subsequent
twelve (12) month period, establish specific goals as to the maximum number of
children who will remain in foster care for a period in excess of two (2)
years; and
(ii) Are
reasonably necessary to implement the child welfare services and foster care
programs;
(20) May
establish and conduct seminars for the purpose of educating children regarding
sexual abuse;
(21) To
establish fee schedules by regulations for the processing of requests from
adoption placement agencies for adoption studies, adoption study updates, and
supervision related to interstate and international adoptions. The fee shall
equal the actual cost of the service(s) rendered, but in no event shall the fee
exceed two thousand dollars ($2,000);
(22) To be
responsible for the education of all children who are placed, assigned, or
otherwise accommodated for residence by the department in a state operated or
supported community residence licensed by a Rhode Island state agency. In
fulfilling this responsibility the department is authorized to enroll and pay
for the education of students in the public schools or, when necessary and
appropriate, to itself provide education in accordance with the regulations of
the board of regents for elementary and secondary education either directly or
through contract;
(23) To
develop multidisciplinary service plans, in conjunction with the department of
health, at hospitals prior to the discharge of any drug-exposed babies. The
plan requires the development of a plan using all health care professionals.
(24) To be
responsible for the delivery of appropriate mental health services to seriously
emotionally disturbed children and children with functional developmental
disabilities. Appropriate mental health services may include
hospitalization, placement in a residential treatment facility, or treatment in
a community based setting. The department is charged with the responsibility
for developing the public policy and programs related to the needs of seriously
emotionally disturbed children and children with functional developmental
disabilities.
In
fulfilling its responsibilities the department shall:
(i) Plan a
diversified and comprehensive network of programs and services to meet the
needs of seriously emotionally disturbed children and children with
functional developmental disabilities;
(ii)
Provide the overall management and supervision of the state program for
seriously emotionally disturbed children and children with functional
developmental disabilities;
(iii) Promote the
development of programs for preventing and controlling emotional or behavioral
disorders in children;
(iv)
Coordinate the efforts of several state departments and agencies to meet the
needs of seriously emotionally disturbed children and children with
functional developmental disabilities and to work with private agencies serving
those children;
(v) Promote
the development of new resources for program implementation in providing
services to seriously emotionally disturbed children and children with
functional developmental disabilities.
The
department shall adopt rules and regulations, which are reasonably necessary to
implement a program of mental health services for seriously emotionally
disturbed children.
Each
community, as defined in chapter 7 of title 16, shall contribute to the
department, at least in accordance with rules and regulations to be adopted by
the department, at least its average per pupil cost for special education for
the year in which placement commences, as its share of the cost of educational
services furnished to a seriously emotionally disturbed child pursuant to this
section in a residential treatment program which includes the delivery of
educational services.
"Seriously
emotionally disturbed child" means any person under the age of eighteen
(18) years or any person under the age of twenty-one (21) years who began to
receive services from the department prior to attaining eighteen (18) years of
age and has continuously received those services thereafter who has been
diagnosed as having an emotional, behavioral or mental disorder under the
current edition of the Diagnostic and Statistical Manual and that disability
has been on-going for one year or more or has the potential of being ongoing
for one year or more, and the child is in need of multi-agency intervention,
and the child is in an out-of-home placement or is at risk of placement because
of the disability.
A child with a functional
developmental disability means any person under the age of eighteen (18) years
or any person under the age of twenty-one (21) years who began to receive
services from the department prior to attaining eighteen (18) years of age and
has continuously received those services thereafter .
The term functional
developmental disability includes autism spectrum disorders and means a
severe, chronic disability of a person which:
(a) Is attributable to a mental or physical impairment or combination
of mental physical impairments;
(b) Is manifested before the person attains age eighteen (18);
(c)Is likely to continue
indefinitely;
(d) Results in age- appropriate
substantial functional limitations in three (3) or more of the following areas
of major life activity.
(i) Self-care;
(ii) Receptive and expressive
language;
(iii)Learning;
(iv) Mobility;
(v) Self-direction;
(vi) Capacity for Independent
Living; and
(vii) Economic
self-sufficiency; and
(e)Reflects the persons need
for a combination and sequence of special, interdisciplinary, or generic care,
treatment, or other services which are of life-long or extended duration and
are individually planned and coordinated.
(25) To provide access to
services to any person under the age of eighteen (18) years or any person under
the age of twenty-one (21) years who began to receive child welfare services
from the department prior to attaining eighteen (18) years of age, has
continuously received those services thereafter and elects to continue to
receive such services after attaining the age of eighteen (18) years.
(25)(26)To
develop and maintain, in collaboration with other state and private agencies, a
comprehensive continuum of care in this state for children in the care and
custody of the department or at risk of being in state care. This continuum of
care should be family-centered and community-based with the focus of
maintaining children safely within their families or, when a child cannot live
at home, within as close proximity to home as possible based on the needs of
the child and resource availability. The continuum should include
community-based prevention, family support and crisis intervention services as
well as a full array of foster care and residential services, including
residential services designed to meet the needs of children who are seriously
emotionally disturbed, children who have a functional developmental
disability and youth who have juvenile justice issues. The director shall
make reasonable efforts to provide a comprehensive continuum of care for
children in the care and custody of the DCYF, taking into account the
availability of public and private resources and financial appropriations and
the director shall submit an annual report to the general assembly as to the
status of his or her efforts in accordance with the provisions of subsection
42-72-4(b)(13).
(c) In order to
assist in the discharge of his or her duties, the director may request from any
agency of the state information pertinent to the affairs and problems of
children.
(d) Funding for these clients shall include funds that are
transferred to the Department of Human Services as part of the Managed Health
Care program transfer. However, the expenditures relating to these clients
shall not be part of the Department of Human Services' Caseload estimated for
the semi-annual Caseload Estimating Conference. The expenditures shall be
accounted for separately.
(e) The assembly has included
funding in the FY 2008 Department of Children, Youth and Families budget in the
amount of $10.5 million from all sources of funds and $6.0 million from general
revenues to provide a managed system to care for children serviced between 18
to 21 years of age. The department shall manage this caseload to this level of
funding.
(27) To administer funds under the John H. Chafee Foster Care
Independence and Educational And Training Voucher (ETV) Programs of Title IV-E
of the Social Security Act, and the DCYF Higher Education Opportunity Grant
Program as outlined in RIGL §42-72.8, in accordance with rules and regulations
as promulgated by the director of the department.
SECTION
4. Section 42-72.8 of the General Laws
in Title 42 entitled State Affairs and Government is hereby amended to read as
follows:
42-72.8-2. Administration of program.
(a) Each year the department shall identify and recommend from among youth
children in its legal custody, or who were in the Departments legal
custody on their eighteenth (18th) birthday, those students who
may be eligible to apply for a Higher Education Opportunity Incentive Grant.
The department of elementary and secondary education shall afford all appropriate
assistance to the department in the identification of youth children
who may be eligible for such grants. Each selected applicant will receive
grants to supplement federal, state and institutional scholarships and grants
awarded to the applicant in an amount not to exceed the full cost of tuition,
fees and room and board charges:
(b) A grant
period shall be limited to two (2) years of full-time study at the Community
College of Rhode Island, four (4) years of full-time study at Rhode Island College,
and the University of Rhode Island, and in no instance shall the grant period
exceed a period of four (4) years. Grant recipients shall be enrolled full-time
and shall continue to make satisfactory progress toward an academic certificate
or degree;
(c) The department shall make
recommendations for grant awards from among those youth children
who:
(1)
Have not yet reached the age of eighteen (18) on the day of
recommendation, are in the legal custody of the department on the day of
recommendation and have remained in such custody for at least twenty-four (24)
months prior to the day of recommendation; or, for former foster care, have
reached the age of eighteen (18) prior to the date of recommendation, have not
yet reached the age of twenty-one (21) and were in the custody of the
department from their sixteenth (16th) to their eighteenth (18th)
birthdays; and
(2) Have
graduated from high school or received the equivalent of a high school diploma
not more than one year prior to the date of recommendation; and
(3) Has not
reached his/her twenty-first (21st) birthday. Grant recipients shall
continue to be eligible for services from the department including, but not
limited to, foster care during college breaks or for commuting students.
SECTION 5.
This article shall take effect upon passage.
ARTICLE 23 SUBSTITUTE A
RELATING TO GENERAL PUBLIC ASSISTANCE
HARDSHIP
SECTION 1. Hardship Contingency Fund FY 2008 Out of the general revenue sum appropriated
to the department of human services in Article 1 for general public assistance,
the sum of eight hundred seventy three thousand nine hundred forty dollars
($873,940) 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 §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. §1396 et
seq., or who are determined eligible to receive an interim cash assistance
payment for the disabled pursuant to §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. This article shall take effect as of
July 1, 2007.
ARTICLE 24 SUBSTITUTE A
Relating To Licensing of Adult Day Programs
SECTION
1. Section 42-66-4 of the General Laws
in Chapter 42-66 entitled Elderly Affairs Department is hereby amended to
read as follows:
42-66-4. Duties of the department. (a) The department shall be the
principal agency of the state to mobilize the human, physical, and financial
resources available to plan, develop, and implement innovative programs to
insure the dignity and independence of elderly persons, including the planning,
development, and implementation of a home and long-term care program for the
elderly in the communities of the state.
(b) The department shall
serve as an advocate for the needs of the adult with a disability as these
needs and services overlap the needs and services of elderly persons.
(2) The department shall
serve as the state's central agency for the administration and coordination of
a long term care entry system, using community-based access points, that will
provide the following services related to long term care: information and
referral, initial screening for service and benefits eligibility, and a uniform
assessment program for state supported long term care.
(3) The department shall
investigate reports of elder abuse and neglect and shall provide and/or
coordinate protective services.
(c) To accomplish these
objectives, the director is authorized:
(1) To provide assistance to
communities in solving local problems with regard to elderly persons including,
but not limited to, problems in identifying and coordinating local resources to
serve the needs of elderly persons;
(2) To facilitate
communications and the free flow of information between communities and the
offices, agencies and employees of the state;
(3) To encourage and assist
communities, agencies, and state departments to plan, develop, and implement
home and long-term care programs;
(4) To provide and act as a
clearinghouse for information, data, and other materials relative to elderly
persons;
(5) To initiate and carry out
studies and analyses which will aid in solving local, regional, and statewide
problems concerning elderly persons;
(6) To coordinate those
programs of other state agencies designed to assist in the solution of local,
regional, and statewide problems concerning elderly persons;
(7) To advise and inform the
governor on the affairs and problems of elderly persons in the state;
(8) To exercise the powers
and discharge the duties assigned to the director in the fields of health care,
nutrition, homemaker services, geriatric day care, economic opportunity, local
and regional planning, transportation, and education and pre-retirement
programs;
(9) To further the
cooperation of local, state, federal and private agencies and institutions
providing for services or having responsibility for elderly persons;
(10) To represent and act on
behalf of the state in connection with federal grant programs applicable to
programs for elderly persons in the functional areas described in this chapter;
(11) To seek, accept, and
otherwise take advantage of all federal aid available to the department, and to
assist other agencies of the state, local agencies, and community groups in
taking advantage of all federal grants and subventions available for elderly
persons and to accept other sources of funds with the approval of the director
of administration which shall be deposited as general revenues;
(12) To render advice and
assistance to communities and other groups in the preparation and submission of
grant applications to state and federal agencies relative to programs for
elderly persons;
(13) To review and coordinate
those activities of agencies of the state and of any political subdivision of
the state at the request of the subdivision, which affect the full and fair
utilization of community resources for programs for elderly persons, and
initiate programs that will help assure such utilization;
(14) To encourage the
formation of councils on aging and to assist local communities in the
development of the councils;
(15) To promote, license, and
coordinate day care facilities for the frail elderly who are in need of
supportive care and supervision during the daytime;
(16) To provide and
coordinate the delivery of in-home services to the elderly, as defined under
the rules and regulations proposed by the in-home services commission and
adopted by the department of elderly affairs;
(17) To advise and inform the
public of the risks of accidental hypothermia;
(18) To establish a
clearinghouse for information and education of the elderly citizens of the state;
(19) To establish and operate
in collaboration with community and aging service agencies a statewide
family-caregiver resource network to provide and coordinate family-caregiver
training and support services to include counseling and respite services;
(20) To provide and
coordinate the "elderly/disabled transportation" program; and
(21) To supervise the
citizens' commission for the safety and care of the elderly created pursuant to
the provisions of chapter 1.4 of title 12.
(d) In order to assist in the
discharge of the duties of the department, the director may request from any
agency of the state information pertinent to the affairs and problems of
elderly persons.
SECTION 2. Chapter 23-1 of
the General Laws entitled Department of Health is hereby amended by adding
thereto the following section:
23-1-52. Adult day care program licensure. The director is authorized and
directed to establish a program for the licensure of adult day care programs.
Adult day care program shall mean a comprehensive, nonresidential program
designed to address the biological, psychological, and social needs of adults
through individual plans of care that incorporate, as needed, a variety of
health, social and related support services in a protective setting. The
director is further authorized to promulgate regulations as he or she deems
necessary to implement these provisions.
SECTION
3. This article shall take effect as of 1 January 2008.
ARTICLE 25 SUBSTITUTE A AS AMENDED
RELATING TO STATE AID
SECTION 1. Sections 45-13-1, 45-13-5.1 and 45-13-12
of the General Laws in Chapter 45-13 entitled State Aid are hereby amended to
read as follows:
45-13-1. Apportionment of annual appropriation for state aid. (a) As used in this chapter, the
following words and terms have the following meanings:
(1) "Population"
means the most recent estimates of population for each city and town as
reported by the United States department of commerce, bureau of the census.
(2) "Income" means
the most recent estimate of per-capita income for a city, town or county as
reported by the United States department of commerce, bureau of the census.
(3) "Tax effort"
means the total taxes imposed by a city or town for public purposes or the
totals of those taxes for the cities or towns within a county (except employee
and employer assessments and contributions to finance retirement and social
insurance systems and other special assessments for capital outlay) determined
by the United States secretary of commerce for general statistical purposes and
adjusted to exclude amounts properly allocated to education expenses.
(4) "Reference
year" means the second fiscal year preceding the beginning of the fiscal
year in which the distribution of state aid to cities and towns is made provided
however that the reference year for distributions made in fiscal year 2007-2008
shall be the third fiscal year preceding the beginning of the fiscal year 2007-2008.
(b) Aid to cities and towns
shall be apportioned as follows: For each county, city or town, let R be the
tax effort divided by the square of per capita income, i.e., R = (tax
effort)/(income x income).
The amount to be allocated to
the counties shall be apportioned in the ratio of the value of R for each
county divided by the sum of the values of R for all five (5) counties.
The amount to be allocated
for all cities and for all towns within a county shall be the allocation for
that county apportioned proportionally to the total tax effort of the towns and
cities in that county.
The amount to be allocated to
any city or town is the amount allocated to all cities or all towns within the
county apportioned in the ratio of the value of R for that city (or town)
divided by the sum of the values of R for all cities (or all towns) in that
county; provided, further, that no city or town shall receive an entitlement in
excess of one hundred forty-five percent (145%) of that city or town's
population multiplied by the average per capita statewide amount of the annual
appropriation for state aid to cities and towns. Any excess entitlement shall
be allocated to the remainder of the cities and towns in the respective county
in accordance with the provisions of this section.
For fiscal year 2004,
notwithstanding the provisions of subsection (a), aid calculations shall be
based on a blended rate of ninety percent (90%) of the data from the 1990
census and ten percent (10%) of the data from the 2000 census. In each of the
succeeding nine (9) fiscal years, the calculations shall be based on a blended
rate that increases the percentage of data utilized from the 2000 census by ten
percent (10%) from the previous year and decreases the percentage of the data
utilized from the 1990 census by ten percent (10%) from the previous year.
(c) The total amount of aid
to be apportioned pursuant to subsection (b) above shall be specified in the
annual appropriation act of the state and shall be equal to the following:
(1) For fiscal years ending
June 30, 1994 through June 30, 1998, the total amount of aid shall be based
upon one percent (1%) of total state tax revenues in the reference year.
(2) For the fiscal year
ending June 30, 1999, the total amount of aid shall be based upon one and
three-tenths percent (1.3%) of total state tax revenues in the reference year.
(3) For the fiscal year
ending June 30, 2000, the total amount of aid shall be based upon one and
seven-tenths percent (1.7%) of total state tax revenues in the reference year.
(4) For the fiscal year
ending June 30, 2001, the total amount of aid shall be based upon two percent
(2.0%) of total state tax revenues in the reference year.
(5) For the fiscal year
ending June 30, 2002, the total amount of aid shall be based upon two and
four-tenths percent (2.4%) of total state tax revenues in the reference year.
(6) For the fiscal year
ending June 30, 2003, the total amount of aid shall be based upon two and
four-tenths percent (2.4%) of total state tax revenues in the reference year.
(7) For the fiscal year
ending June 30, 2004, the total amount of aid shall be based upon two and
seven-tenths percent (2.7%) of total state tax revenues in the reference year.
(8) For the fiscal year
ending June 30, 2005, the total amount of aid shall be fifty-two million four
hundred thirty-eight thousand five hundred thirty-two dollars ($52,438,532).
(9) For the fiscal year
ending June 30, 2006, the total amount of aid shall be based upon three percent
(3.0%) of total state tax revenues in the reference year.
(10) For the fiscal year
ending June 30, 2007 the total amount of aid shall be sixty-four million six
hundred ninety-nine thousand three dollars ($64,699,003).
(11) For the fiscal year
ending June 30, 2008, the total amount of aid shall be based upon three and
seven-tenths percent (3.7%) of total state tax revenues in the reference year. sixty-four
million six hundred ninety-nine thousand three dollars ($64,699,003).
(12) For the fiscal year
ending June 30, 2009 and each year thereafter, the total amount of aid
shall be based upon four and one-tenths percent (4.1%) three percent
(3.0%) of total state tax revenues in the reference year.
(13) For the fiscal year
ending June 30, 2010, the total amount of aid shall be based upon four and
four-tenths percent (4.4%) of total state tax revenues in the reference year.
(14) For the fiscal year
ending June 30, 2011, the total amount of aid shall be based upon four and
seven-tenths percent (4.7%) of total state tax revenues in the reference year.
(d) The assent of two-thirds
( 2/3) of the members elected to each house of the general assembly shall be
required to repeal or amend this section.
45-13-5.1. General assembly appropriations in lieu of property tax from
certain exempt private and state properties. (a) In lieu of the amount of local
real property tax on real property owned by any private nonprofit institution
of higher education, or any nonprofit hospital facility, or any state owned and
operated hospital, veterans' residential facility, or correctional facility
occupied by more than 100 residents which may have been or will be exempted
from taxation by applicable state law, exclusive of any facility operated by
the federal government, the state of Rhode Island, or any of its subdivisions,
the general assembly shall annually appropriate for payment to the several
cities and towns in which the property lies a sum equal to twenty-seven percent
(27%) of all tax that would have been collected had the property been taxable.
(b) As used in this section,
"private nonprofit institution of higher education" means any institution
engaged primarily in education beyond the high school level, the property of
which is exempt from property tax under any of the subdivisions, and
"nonprofit hospital facility" means any nonprofit hospital licensed
by the state and which is used for the purpose of general medical, surgical, or
psychiatric care and treatment.
(c) The grant payable to any
municipality under the provision of this section shall be equal to twenty-seven
percent (27%) of the property taxes which, except for any exemption to any
institution of higher education or general hospital facility, would have been
paid with respect to that exempt real property on the assessment list in the
municipality for the assessment date of December 31, 1986 and with respect to
such exempt real property appearing on an assessment list in the municipality
on succeeding assessment dates. Provided however that the grant paid for the
fiscal year ending June 30, 2008 shall be based upon the assessment list in the
municipality as of December 31, 2004.
(d) The state budget offices
shall include the amount of the annual grant in the state budget for the fiscal
year commencing July 1, 1988 and each fiscal year thereafter. The amount of the
annual grant payable to each municipality in any year in accordance with this
section shall be reduced proportionately in the event that the total of the
annual grants in any year exceeds the amount appropriated that year for the
purposes of this section.
(e) Distribution of
appropriations shall be made by the state on or before July 31 of 1988 and each
July 31 thereafter, and the payments may be counted as a receivable by any city
or town for a fiscal year ending the preceding June 30.
(f) Any act or omission by
the state with respect to this chapter shall in no way diminish the duty of any
town or municipality to provide public safety or other ordinary services to the
properties or facilities of the type listed in subsection (a).
(g) Provided, that payments
authorized pursuant to this section shall be reduced pro rata, for that period
of time that the municipality suspends or reduces essential services to
eligible facilities. For the purposes of this section "essential
services" include, but are not to be limited to, police, fire and rescue.
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
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 except for fiscal year 2007-2008, the reference year and the
fiscal year shall bear the same relationship. For the fiscal year 2007-2008
the reference year shall be the same as for the distributions made in fiscal
year 2006-2007.
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 § 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 § 42-61.2-7(b).
appropriate funds in the annual appropriations act to support
this program.
(e)
Payments. Payments shall be made to eligible communities each March from
amounts collected pursuant to § 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. equal
to one half of the appropriated amount and each August equal to one half of the
appropriated amount.
SECTION 2. Section 29-6-2 of the General Laws in Chapter 29-6
entitled State Aid to Libraries is hereby amended to read as follows:
29-6-2. Public library services. (a) For each city or town, the
state's share to support local public library services shall be equal to at least
twenty-five percent (25%) of both the amount appropriated and expended in the
second preceding fiscal year by the city or town from local tax revenues and
funds from the public library's private endowment that supplement the municipal
appropriation; provided, however, the state in any year shall not be obligated
to match any amount from the endowment that exceeds six percent (6%) of the
three (3) year average market value, calculated at the end of the calendar
year, of the investments in the endowment. The amount of the grant payable to
each municipality in any year in accordance with this section shall be reduced
proportionately in the event that the total of those grants in any year exceeds
the amount appropriated that year for the purposes of this section. Provided
further, however, that the reference year for the states share of support to
be paid in the year ending June 30, 2008 shall be the third preceding year.
(b) Those public libraries
that do not qualify for aid pursuant to the provisions of subsection (a) of
this section may apply for resource sharing grants, to be used exclusively for
the purpose of payment of the cooperating libraries automated network (CLAN)
annual assessment charges. Eligible public libraries shall apply directly to
the office of library and information services for these resource sharing
grants, and the grants shall be awarded to the libraries individually, rather
than to the city or town. Eligible libraries must be or become members of the
CLAN upon receipt of the grant, serve municipalities that meet minimum
standards for Rhode Island public libraries, and meet standards for member
libraries of the library of Rhode Island (LORI) network.
(c) Provided, that
notwithstanding any other provisions of this chapter to the contrary, the
state's share to support local public library services shall also include
funding to the Pontiac Free Library in the city of Warwick for said library's
participation in the cooperating libraries automated network (CLAN). Such
funding shall be provided regardless of whether the city of Warwick
appropriates funds from local tax revenues to said library. The amount of said
state support shall be equal to the average of the amount appropriated by the
city of Warwick to each library in said municipality for participation in the
CLAN program, in accordance with the provisions of and formulas set forth in
subsection (a) herein. Provided, further, that in the event the city of Warwick
appropriates funds from local tax revenues for the Pontiac Free Library, then
the amount of the state's share to said library shall be calculated in
accordance with the provisions of subsection (a) herein for any year in which
such calculation is applicable.
SECTION 3. 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 § 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 division fund for administrative
purposes: Net terminal income not otherwise disbursed in accordance with
subdivisions (a)(1) (2) (a)(6) herein;
(i) Except for the fiscal
year ending June 30, 2008, nineteen one hundredths of one percent (0.19%)
up to a maximum of twenty million dollars ($20,000,000) shall be equally
allocated to the distressed communities as defined in § 45-13-12 provided that
no eligible community shall receive more than twenty-five percent (25%) of that
community's currently enacted municipal budget as its share under this specific
subsection. Distributions made under this specific subsection are supplemental
to all other distributions made under any portion of general laws § 45-13-12. For
the fiscal year ending June 30, 2008 distributions by community shall be
identical to the distributions made in the fiscal year ending June 30, 2007 and
shall be made from general appropriations.
(ii) Five one
hundredths of one percent (0.05%) up to a maximum of five million dollars
($5,000,000) shall be appropriated to property tax relief to fully fund the
provisions of § 44-33-2.1. The maximum credit defined in subdivision 44-33-9(2)
shall increase to the maximum amount to the nearest five dollar ($5.00)
increment within the allocation until a maximum credit of five hundred dollars
($500) is obtained. In no event shall the exemption in any fiscal year be less
than the prior fiscal year.
(iii) One and
twenty-two one hundredths of one percent (1.22%) to fund § 44-34.1-1, entitled
"Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to
the maximum amount to the nearest two hundred fifty dollar ($250) increment
within the allocation. In no event shall the exemption in any fiscal year be
less than the prior fiscal year.
(iv) Except for the fiscal
year ending June 30, 2008, ten one hundredths of one percent (0.10%) to a
maximum of ten million dollars ($10,000,000) for supplemental distribution to
communities not included in paragraph (a)(1)(i) above distributed
proportionately on the basis of general revenue sharing distributed for that
fiscal year. For the fiscal year ending June 30, 2008 distributions by
community shall be identical to the distributions made in the fiscal year ending
June 30, 2007 and shall be made from general appropriations.
(2) To the licensed video
lottery retailer:
(a) Prior to the effective
date of the NGJA Master Contract, Newport Jai Ali twenty-six percent (26%)
minus three hundred eighty four thousand nine hundred ninety-six dollars
($384,996);
(ii) On and after the
effective date of the NGJA Master Contract, to the licensed video lottery
retailer who is a party to the NGJA Master Contract, all sums due and payable
under said Master Contract minus three hundred eighty four thousand nine
hundred ninety-six dollars ($384,996).
(b) Prior to the effective
date of the UTGR Master Contract, to the present licensed video lottery
retailer at Lincoln Park which is not a party to the UTGR Master Contract,
twenty-eight and eighty-five one hundredths percent (28.85%) minus seven
hundred sixty-seven thousand six hundred eighty-seven dollars ($767,687);
(ii) On and after the
effective date of the UTGR Master Contract, to the licensed video lottery
retailer who is a party to the UTGR Master Contract, all sums due and payable
under said Master Contract minus seven hundred sixty-seven thousand six hundred
eighty-seven dollars ($767,687).
(3) To the technology
providers who are not a party to the GTECH 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;
(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
paragraphs (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 of Newport
one and one hundreth percent (1.01%) of net terminal income of authorized
machines at Newport Grand and to the town of Lincoln one and twenty-six
hundreths (1.26%) of net terminal income of authorized machines at Lincoln
Park; and
(5) To the Narragansett
Indian Tribe, seventeen hundredths of one percent (0.17%) of net terminal
income of authorized machines at Lincoln Park up to a maximum of ten million
dollars ($10,000,000) per year, which shall be paid to the Narragansett Indian
Tribe for the account of a Tribal Development Fund to be used for the purpose
of encouraging and promoting: home ownership and improvement, elderly housing,
adult vocational training; health and social services; childcare; natural
resource protection; and economic development consistent with state law.
Provided, however, such distribution shall terminate upon the opening of any
gaming facility in which the Narragansett Indians are entitled to any payments
or other incentives; and provided further, any monies distributed hereunder
shall not be used for, or spent on previously contracted debts.
(6) Unclaimed prizes and
credits shall remit to the general fund of the state;
(7) 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.
SECTION 4. This article shall take effect as of July 1, 2007.
ARTICLE 26 SUBSTITUTE A
RELATING TO MOTOR AND OTHER VEHICLES
SECTION 1. Section
31-41.1-4 of the General Laws in Chapter 31-41.1 entitled "Adjudication of
Traffic Offenses" is 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
31-3-32 Driving with expired registration 75.00
31-3-34 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 sale 75.00
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 85.00
31-14-03 Condition requiring reduced speed 85.00
31-14-09 Below minimum speed 85.00
31-14-12 Speed limit on bridges and structures
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
13-15-17 Crossing bicycle lane 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
31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00
second
and subsequent offense not
to exceed 500.00
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
31-17-9 Yielding to bicycles on bicycle
lane 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 lbs.
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 75.00 300.00
SPEEDING Fine
(A) One to ten miles per hour (1-10 mph) in excess of
posted speed limit $
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 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.
SECTION 2. Sections
39-12-6, 39-12-20 and 39-12-26 of the General Laws in Chapter 39-12 entitled
"Motor Carriers of Property" are hereby amended to read as follows:
39-12-6. Requirement of certificate of public convenience and
necessity for common carriers -- Application. --
Except as otherwise provided in this chapter, no person shall engage in the
business of transporting property for compensation in intrastate commerce over
the publicly used highways as a common carrier, unless there shall be in force
with respect to the carrier a certificate of public convenience and necessity
issued by the administrator authorizing the operations. Every person proposing
to operate as a common carrier shall file with the administrator, in the form
to be provided by him or her, an application for a certificate, accompanied by
a fee of one hundred dollars ($100) two hundred and fifty dollars
($250). All revenues received under this section shall be deposited as
general revenues. Each application for a certificate shall be made in writing,
shall be verified by oath or written declaration that it is made under
penalties of perjury and shall contain such information as the administrator
may require. The administrator shall, within a reasonable time, fix the time
and place of hearing on every application. Notice of the hearing shall be given
by publication or by written notice mailed by the administrator at least ten
(10) days before the date fixed thereof to all common carriers, including
railroad companies, if any, serving any part of the route or territory proposed
to be served by the applicant, to each person filing with the administrator a
written request for the notice, and to any other person who may, in the opinion
of the administrator, be interested in or affected by the issuance of the
certificate. The copy of the notice, including a list of the applications to be
heard, shall be publicly posted in the office of the administrator. Any person
having an interest in the matter shall have the right, in accordance with rules
prescribed therefor by the administrator, to make representations and to
introduce evidence in favor of or in opposition to the issuance of the certificate.
39-12-20. Transfer of certificates or permits -- Joint control of
common carriers. -- Any common carrier certificate or
any contract carrier permit may be assigned and transferred, in whole or in
part, by the holder thereof, his or her assignee, receiver, trustee, or by the
holder's personal representative, or by the surviving partner or partners of
the deceased partner to which the rights and privileges under the certificate
or permit shall pass at the death of the holder, upon his or her application to
the administrator. The transfer and assignment must receive the consent and
approval of the administrator, after public notice, in the manner provided in
sections 39-12-6 and 39-12-9, and a public hearing, at which the proposed
transferee shall have established to the satisfaction of the administrator his
or her willingness, fitness, and ability to perform or furnish transportation
for compensation under the certificate or permit. No certificate or permit may
be transferred in part, unless the rights are clearly severable; and no
certificate or permit shall be transferred, in whole or in part, except in
connection with the bona fide sale to the transferee of the business of the
transferor. The application shall be accompanied by a fee of one hundred dollars
($100) two hundred and fifty dollars ($250). All revenues received
under this section shall be deposited as general revenues. It shall be unlawful
for any person to accomplish or effectuate or to participate in accomplishing
or effectuating the control or management in a common interest of any two (2)
or more common carriers, however such a result is attained, whether directly or
indirectly, by use of common directors, officers, or stockholders, or in any
manner whatsoever. As used in this section, the words "control and
management" shall be construed to include the power to exercise control
and management. The holder of either a common carrier certificate or a contract
carrier permit shall not acquire the operating rights held by another person
through a transfer proceeding unless, both operating rights are merged
simultaneously and not until the application to transfer is approved by the
administrator.
39-12-26. Registration and identification of vehicles. -- Every
interstate motor carrier engaged in the transportation of property for
compensation over the highways of this state, subject to the provisions of this
chapter, shall apply to the administrator for the issuance of a vehicle
identification device for the registration and identification of vehicles. The
application shall be accompanied by a filing fee in the amount of eight dollars
($8.00) for each identification device for which an application is made. All
intrastate carriers shall be assessed twenty dollars ($20.00) for each
identification device for which an application is made. register and
identify all vehicles to be operated in the state in accordance with the
provisions contained in and mandated under the federal "Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users"
(SAFETEA-LU) (Public Law 109-59, enacted August 10, 2005), the Unified Carrier
Registration Act of 2005 (Included within SAFETEA-LU), and the United Carrier
Registration Agreement (UCRA) (Sections 4302 through 4308 of SAFETEA-LU),
and/or any related successor federal law(s). All intrastate carriers not
subject to the provisions of the foregoing federal law, shall apply to the
administrator for the issuance of a vehicle identification device for the registration
and identification of vehicles and shall be assessed twenty dollars ($20.00)
for each identification device for which an application is made. All
revenues received shall be deposited as general revenues. The identification
device shall be furnished annually to every carrier whose duty it shall be to
apply for it. It shall be unlawful for any motor vehicle to be engaged in
transporting property for compensation in either intrastate or interstate
commerce without the owner of it having applied for and received the required
identification device, unless the vehicle is exempted from the provisions of
this chapter. Each identification device shall be accompanied by a registration
card issued by the administrator which shall be in the possession of the vehicle's
driver, when the vehicle is operating. Transfers of the identification device
from one vehicle to another are hereby prohibited unless authorized by the
administrator. The administrator, in his or her discretion, may refuse to
reissue the identification device to the holder of any certificate, permit, or
permit of registration, pending any complaint or hearing upon the question of
revocation or suspension or in which such question is involved. The
administrator shall prescribe reasonable rules and regulations governing the
registration and identification of motor vehicles authorized for operation
under this chapter. Violations of this section are subject to fines enumerated
in section 31-41.1-4.
SECTION 3. Section
39-13-4 of the General Laws in Chapter 39-13 entitled "Motor Passenger
Carriers" is hereby amended to read as follows:
39-13-4. Application for certificate -- Fee -- Domicile of applicant.
-- A certificate shall be issued only after written application
for a certificate, accompanied by a fee of one hundred dollars ($100) two
hundred and fifty dollars ($250), has been made by the owner of the jitney;
provided, however, that this fee shall not apply to any city or town, or any
agency or department of any city or town of the state, or any nonprofit jitney
service utilized for the transportation of senior citizens. All revenues
received under this section shall be deposited as general revenues. No
certificate shall be issued to any person who is not a citizen resident within
this state, nor to any association, unless all members of the association are
citizens resident within this state, nor to any corporation, unless either all
stockholders thereof are citizens resident within this state or the corporation
has been created by a special act of the general assembly, upon petition for
the same, the pendency of which petition shall be notified in such manner as
the general assembly may by general law or special act prescribe.
SECTION 4. Sections
39-13-3 and 39-14-25 of the General Laws in Chapter 39-13 entitled "Motor
Passenger Carriers" is hereby amended to read as follows:
39-13-3. Certificate requirement for jitney operation. -- No
person, association, or corporation shall operate a jitney until the owner
thereof shall have obtained a certificate from the division specifying the
route over which the jitney may operate, the number of passengers which it may
carry at any one time, the service to be furnished, and that public convenience
and necessity require operation over the route. Certificates issued under this
chapter shall be renewed before the close of business on December 31 of each
calendar year. The renewal fee shall be one hundred dollars ($100) two
hundred and fifty dollars ($250) and shall be submitted with the renewal
form. All revenues received under this section shall be deposited as general
revenues; provided, however, that this fee shall not apply to any city or town,
or any agency or department of any city or town of the state, or any nonprofit
jitney service utilized for the transportation of senior citizens.
39-14-25. Transfer of certificate. -- No
certificate shall be sold or transferred until the administrator, upon written
application setting forth the purposes, terms, and conditions of the sale or
transfer, shall, after a hearing, approve the application. The application
shall be accompanied by a fee of one hundred dollars ($100) two
hundred and fifty dollars ($250). All revenues received under this section
shall be deposited as general revenues. A proposed transfer of a certificate
shall be approved only if the administrator finds the transferee to be fit,
willing, and able, financially and otherwise, to render the service described
and authorized in the certificate; further, the administrator shall only
reissue and transfer a certificate upon evidence that the transferor of the
certificate has, during the six (6) month period immediately prior to receipt
of the transfer application, or during the six (6) month period immediately preceding
the filing of a petition for bankruptcy, whether voluntary or involuntary, or
the institution of a petition for receivership, wherein the certificates are
assets of the bankruptcy or receivership, been rendering the service authorized
by the certificate.
SECTION 5. This article
shall take effect upon passage.
ARTICLE 27 SUBSTITUTE A
RELATING TO SALES TAX EXEMPTION
WHEREAS, Rhode Island General Laws 42-64-20 authorizes the Rhode
Island Economic Development Corporation to engage in projects which are sales
tax exempt subject to approval of the General assembly; and
WHEREAS, Rhode Island General Laws 42-64-20.1 establishes the
procedure whereby the Rhode Island Economic Development Corporation adopts and
submits a request for approval by the General Assembly that includes:
(1) A full description of the project to which the tax exemption
is related;
(2) The corporation's findings required by section 42-64-10(a)(1);
and
(3) The corporation's analysis of impact required by section
42-64-10(a)(2); and
WHEREAS, The General Assembly, through its finance committees,
thoroughly reviews the request for approval submitted by the Economic
Development Corporation in order to ensure that the HTP, MED. Inc. project
complies with all conditions established by the corporation; and
WHEREAS, The corporation has estimated the number of new full time
jobs to be 109, the amount of personal income tax revenue received to be
$339,000 over three years, and the estimated loss of sales tax revenue to be
$276,500 in FY 2008; and
WHEREAS, The General Assembly must assure that the project is in
the best interests of the citizens of Rhode Island prior to approval;
Now, therefore, be it
RESOLVED, Project status is hereby approved for HTP, MED. Inc. subject
to the following additional requirements:
The total sales tax exemption benefit identified in the project
status request, $276,500, will be implemented through a reimbursement process
rather than up-front purchase
exemption;
The sales tax benefits granted pursuant to RIGL 42-64-20(c) shall
only apply to materials used in the construction, reconstruction or
rehabilitation of the project and to the acquisition of furniture, fixtures and
equipment, except automobiles, trucks or other motor vehicles for the project
for a period not to exceed six (6) months after receipt of a certificate of
occupancy for any given phase of the project for which sales tax benefits are
utilized.
The corporation shall send the analysis required by RIGL
42-64-10(a)(2) to the house and senate fiscal committee chairs, the house and
senate fiscal advisors, the department of
labor and training and the division of taxation promptly upon
completion. Annually thereafter, the department of labor and training shall
certify to the house and senate fiscal committee chairs, the house and senate
fiscal advisors, the corporation and the division of taxation that the actual
number of new full-time jobs with benefits created by the project, not
including construction jobs, is on target to meet or exceed the estimated
number of new jobs identified in the analysis above, which in the case of HTP,
MED. Inc. is 109 jobs. This certification shall no longer be required when the
total amount of new income tax revenue received by the state exceeds the amount
of the sales tax exemption benefit granted above. For purposes of this section,
"full-time jobs with benefits" means jobs that require working a
minimum of thirty (30) hours per week within the state, with a medium wage that
exceeds by 5.0% the median annual wage for full-time jobs in Rhode Island or
within the lessee's industry, with a benefit package that is typical of
companies within the lessee's industry.
The department of labor and training shall certify to the house
and senate fiscal committee chairs, the house and senate fiscal advisors, and
the division of taxation that jobs created by the project are "new
jobs" in the state of Rhode Island, meaning that the employees of the
project are in addition to, and without a reduction of, those employees of the
lessee currently employed in Rhode Island, are not relocated from another
facility of the lessee's in Rhode Island or are employees assumed by the lessee
as the result of a merger or acquisition of a company already located in Rhode
Island. Additionally, the corporation, with the assistance of the lessee, the
department of labor and training, the department of human services and the
division of taxation shall provide annually an analysis of whether any of the
employees of the project qualify for RIte Care or RIte Share benefits and the
impact such benefits or assistance may have on the state budget.
Notwithstanding any other provision of law, the division of
taxation, the department of labor and training and the department of human
services are authorized to present, review and discuss lessee specific tax or
employment information or data with the corporation, the house and senate
fiscal committee chairs, and/or the house and senate fiscal advisors for the
purpose of verification and compliance with this resolution; and
The corporation and the project lessee shall agree that, if at any
time prior to pay back of the amount of the sales tax exemption through new
income tax collections, not including construction job income taxes, the lessee
will be unable to continue the project, or otherwise defaults on its
obligations to the corporation, the lessee shall be liable to the state for all
the sales tax benefits granted to the project plus interest, as determined in
RIGL 44-1-7, calculated from the date the lessee received the sales tax
benefits.
ARTICLE 28 SUBSTITUTE A AS AMENDED
RELATING TO EXCESS INSURER PROFITS AND
ADMINISTRATIVE COSTS
SECTION 1. Section 27-19-2 of the General Laws in
Chapter 27-19 entitled Nonprofit Hospital Service Corporations is hereby
amended to read as follows:
27-19-2. Organization as charitable corporation Insurance laws
inapplicable. Each nonprofit hospital
service corporation shall be incorporated as a charitable corporation under the
provisions of chapter 6 of title 7, and shall be subject to that chapter and to
this chapter. The laws of this state relative to insurance companies or to the
business insurance shall not apply to any nonprofit hospital service
corporation unless expressly provided in those laws. Each nonprofit hospital
service corporation shall be deemed to be an insurer, for the purposes of
compliance with chapter 44-17.
SECTION 2. Section 27-20-2 of
the General Laws in Chapter 27-20 entitled Nonprofit Medical Service
Corporations is hereby amended to read as follows:
27-20-2. Organization as charitable corporation Insurance laws
inapplicable. Each nonprofit medical
service corporation shall be incorporated as a charitable corporation under the
provisions of chapter 6 of title 7, and shall be subject to that chapter and to
this chapter. The laws of this state relative to insurance companies or to the
business of insurance, and acts in amendment or in addition to those laws,
shall not apply to any nonprofit medical service corporation unless expressly
provided in those laws. Each nonprofit medical service corporation shall be
deemed to be an insurer, for the purposes of compliance with chapter 44-17.
SECTION 3. Section 27-41-22
of the General Laws in Chapter 27-41 entitled Health Maintenance Organizations
is hereby amended to read as follows:
27-41-22. Statutory construction and relationship to other laws. (a) Except as otherwise provided in
this chapter, provisions of the insurance law and provisions of chapters
19, 20, 20.1, and 20.2 of this title shall not be applicable to any health
maintenance organization granted a license under this chapter. This provision
shall not apply to an insurer or hospital or medical service corporation
licensed and regulated pursuant to the insurance laws or the hospital or
medical service corporation laws of this state except with respect to its
health maintenance organization activities authorized and regulated pursuant to
this chapter.
(b) Solicitation of enrollees
by a health maintenance organization granted a license, or its representatives,
shall not be construed to violate any provision of law relating to solicitation
or advertising by health professionals.
(c) Any health maintenance organization
authorized under this chapter shall not be deemed to be practicing a
profession, and may employ, or contract with, any licensed health professional
to deliver professional services.
(d) No section of chapter 15
of title 23, the Health Care Certificate of Need Act, shall be abridged by this
chapter.
(e) All information relating
to a subscriber's health care history, diagnosis, condition, treatment, or
evaluation shall be considered confidential health care information and shall
not be released or transferred except under the safeguards established by
chapter 37.3 of title 5, the Confidentiality of Health Care Information Act.
(f) The provisions of chapter
19.1 of this title, relating to extended medical benefits, shall be construed
to apply to enrollees of health maintenance organizations.
(g) Any health maintenance
organization authorized under this chapter shall be deemed to be an insurer,
for the purposes of compliance with chapter 44-17.
SECTION 4. Section 44-17-1 of the General Laws in Chapter
47-17 entitled Taxation of Insurance Companies is hereby amended to read as
follows:
44-17-1. Companies required to file Payment of tax Retaliatory
rates. (a) Every
domestic, foreign, or alien insurance company, mutual association, organization,
or other insurer, including any health maintenance organization, as defined
in § 27-41-1 and any
nonprofit hospital or medical service corporation, as defined in
chapters 27-19 and 27-20, except companies mentioned in section
44-17-6 and organizations defined in
section 27-25-1, transacting business in this state, shall, on or before March
1 in each year, file with the tax administrator, in the form that he or she may
prescribe, a return under oath or affirmation signed by a duly authorized officer
or agent of the company, containing information that may be deemed necessary
for the determination of the tax imposed by this chapter, and shall at the same
time pay an annual tax to the tax administrator of two percent (2%) of the
gross premiums on contracts of insurance, except:
(1) Entities subject to chapters 27-19 and 27-20, shall pay the
following: one and one-tenth percent (1.1%) of the gross premiums on contracts
of insurance, excluding any business related to the administration of programs
under Title XIX of the Social Security Act, 42 U.S.C.;
provided, further, notwithstanding any provision of the law to the contrary,
installment payments shall equal at least ninety percent (90%) of estimated
liability in the first year; or
(2) health maintenance organizations as defined in § 27-41-1, shall pay the following:
one and one-tenth percent (1.1%) of the gross premiums on contracts of
insurance, excluding any business related to the administration of programs
under Title XIX of the Social Security Act, 42 U.S.C.; provided,
further, notwithstanding any provision of the law to the contrary, installment
payments shall equal at least ninety percent (90%) of estimated liability in
the first year; or
(3)
ocean marine insurance, as referred to in § 44-17-6, covering property and
risks within the state, written during the calendar year ending December 31st
next preceding, but in the case of foreign or alien companies, except as
provided in § 27-2-17(d) the tax is not less in amount than is imposed by the
laws of the state or country under which the companies are organized upon like
companies incorporated in this state or upon its agents, if doing business to
the same extent in the state or country.
SECTION 5. Section 44-17-2 of the General Laws in
Chapter 44-17 entitled Taxation of Insurance Companies is hereby amended to
read as follows:
44-17-2. Amounts included as gross premiums. Except where such a charge would be inconsistent
with federal law, Gross gross
premiums include all premiums and premium deposits and assessments on all
policies, certificates, and renewals, written during the year, covering
property and risks within the state, policies subsequently cancelled, and
reinsurance assumed, whether the premiums and premium deposits and assessments are
in the form of money, notes, credits, or other substitute for money, after
deducting from the gross premiums the amount of return premiums on the
contracts covering property and risks within this state and the amount of
premiums for reinsurance assumed, of the property and risks. Mutual companies
and companies which transact business on the mutual plan are also allowed to
deduct from their premiums and premium deposits and assessments, the so-called
dividends or unused or unabsorbed portion of the premiums and premium deposits
and assessments applied in part payment of the premiums and premium deposits
and assessments or returned to policyholders in cash or credited to policy
holders during the year for which the tax is computed. Every domestic company, mutual
association, organization, or other insurer, shall include for taxation in like
manner and with like deductions premiums and premium deposits and assessments
written, procured, or received in this state on business covering property or
risks in any other state on which the company has not paid and is not liable to
pay a tax to the other state.
SECTION 6.
This article shall take effect on January 1, 2008.
ARTICLE 29 SUBSTITUTE A
RELATING TO MOTOR AND OTHER VEHICLES
SECTION 1. Section
31-5-19 of the General Laws in Chapter 31-5 entitled "Dealers',
Manufacturers', and Rental Licenses" is hereby amended to read as follows:
31-5-19. Sunday business prohibited Sunday business permitted. -- (a)
No dealer shall have open for the conduct of business any display room or
outdoor display lot where motor vehicles are exhibited on the first day of the
week, commonly called Sunday.
(a) Motor vehicle dealers
shall be permitted to have open for the conduct of business any display room or
outdoor display lot where motor vehicles are exhibited on the first day of the
week, commonly called Sunday, between the hours of 12:00 p.m. and 6:00 p.m.
(b) "Business" as used in this section means the sale of
or the attempt to sell motor vehicles. The storage alone of motor vehicles in
open lots shall not be held to be displaying for sale purposes, or the use of
dealer plates for transporting motor vehicles from one point to another shall
not be considered to be for display or sale purposes.
(c) Any person or persons, partnership, firm, or corporation
violating any of the provisions of this section shall be guilty of a
misdemeanor.
SECTION 2. This article
shall take effect upon passage.
ARTICLE 30 SUBSTITUTE A
RELATING TO BAYS, RIVERS, AND WATERSHED
COORDINATION TEAM
SECTION 1. Title 46 of the General Laws entitled
"Waters and Navigation is hereby amended by adding thereto the following
chapter:
CHAPTER 12.11
UNIFORM SEPTAGE DISPOSAL FEE
46-12.11-1. Legislative
findings. The general assembly hereby finds and declares as
follows:
(1) The bays, rivers, and
associated watersheds of Rhode Island are unique and unparalleled natural
resources that provide significant cultural, ecological, and economic benefit
to the state, and it is in the best interest of the state and its citizens to
preserve, protect, and restore our bays, rivers, and associated watersheds.
(2) The formation of the
Rhode Island Bays, Rivers, and Watersheds Coordination Team, pursuant to
chapter 46-31 of the general laws, provides for the coordination of the
functions, programs, and regulations that affect the bays, rivers, and
watersheds and serves as the most effective way to transcend the limited
responsibilities and jurisdictions of each agency, to address complex issues
using an ecosystem-based approach, and to provide for continuity over time.
(3) Discharges of wastewater
from wastewater treatment facilities, despite the fact that these discharges
are carefully regulated and monitored, are known sources of pollution that
affect the water quality of the bays, rivers, and associated watersheds of
Rhode Island.
(4) Wastewater treatment
facilities collect wastewater both from users of sewer systems, who pay fees
for the utilization of the systems, and from septage transporters, who collect
septage from users of onsite sewage disposal systems.
(5) All persons or entities
generating pollutants that affect Rhode Islands bays, rivers and watersheds, including
those who utilize onsite sewage disposal systems, should be required to
contribute to the costs of providing effective pollution control, mitigating
environmental degradation of ecosystems, restoring impaired ecosystems, and
monitoring the environment to characterize the impacts of the pollutant
loadings, including changes that may occur as the level of treatment is
improved.
46-12.11-2. Definitions
As used in this chapter, unless the context shall clearly indicate otherwise:
(1) Director shall mean the
director of the department of environmental management.
(2) Disposal facility shall
mean any wastewater treatment facility, or portion thereof , or any other
facility that receives septage from septage transporters, pursuant to
authorization by the department of environmental management.
(3) Disposal facility
operator shall mean the person responsible for operating the disposal
facility, who has authority to charge fees for the receipt of septage.
(4) Person shall mean an
individual, trust, firm, joint stock company, corporation (including a
government corporation), partnership, association, the Federal government, or
any agency or subdivision thereof, a state, municipality, commission, political
subdivision of a state, or any interstate body.
(5) Septage shall mean any
solid, liquid or semi-solid removed from a septic tank, cesspool, privy,
domestic or other wastewater holding tank, or similar onsite sewage disposal
system.
(6) Septage transporter
shall mean any person lawfully authorized to transport septage.
46-12.11-3. Uniform septage
disposal fee created. There is hereby created and
established a uniform septage disposal fee.
46-12.11-4. Assessment,
collection, and deposit of fee. -- (a) Effective July 1, 2007,
a uniform septage disposal fee in the amount of one dollar ($1.00) per every
hundred gallons of septage, as defined by the director pursuant to subsection
(d) of this section, shall be imposed on the disposal of septage at all
disposal facilities in the state.
(b) The fee shall be assessed
by the disposal facility operator based on the volume of septage delivered by
the septage transporter. The septage
transporter shall be liable for the fee until it has been paid to the state,
except that payment to the applicable disposal facility is sufficient to
relieve the septage transporter from further liability for the fee.
(c) The fees collected by the
disposal facility operator shall be remitted four times per year to the state
on a schedule prescribed by the director in regulation. All fees collected pursuant to this chapter
shall be deposited in the Bays, Rivers & Watersheds Fund, established
pursuant to section 46-31-12.1 of the general laws, and shall be dispersed
according to the purposes of that fund.
(d) The director may adopt
all necessary rules and regulations necessary for the administration and
enforcement of this chapter, including but not limited to, defining the types
of septage, e.g., residential, commercial, and industrial that are subject to
the fee.
SECTION 2. Chapter 46-31 of
the General Laws entitled "The Rhode Island Bays, Rivers, and Watersheds
Coordination Team is hereby amended by adding thereto the following section:
46-31-12.1. Bays, Rivers and
Watersheds Fund -- (a) There is hereby established a
restricted receipt account within the Department of Environmental Management to
be called the Bays, Rivers and Watersheds Fund;
(b) The fund shall consist of
any funds which the state may from time to time appropriate, as well as money
received as gifts, grants, bequests, donations or other funds from any public
or private sources, as well as all fees collected pursuant to section 46-23-1(f)(2)
for the leasing of submerged lands for transatlantic cables, and all fees
collected pursuant to chapter 46-12.11 for the disposal of septage;
(c) All funds, monies, and
fees collected pursuant to this section shall be deposited in the Bays, Rivers
and Watersheds Fund, and shall be disbursed by the Rhode Island Bays, Rivers,
and Watersheds Coordination Team consistent with the purposes and duties of the
team as set forth in chapter 46-31. All
expenditures from the fund shall be subject to appropriation by the general
assembly.
SECTION 3. Section 46-23-1 of
the General Laws in Chapter 46-23 entitled "Coastal Resources Management
Council is hereby amended to read as follows:
46-23-1 Legislative findings.
(a)(1) Under Article 1, § 17 of the Rhode Island
Constitution, the people shall continue to enjoy and freely exercise all the
rights of fishery, and the privileges of the shore, to which they have been
heretofore entitled under the charter and usages of this state, including but
not limited to fishing from the shore, the gathering of seaweed, leaving the
shore to swim in the sea and passage along the shore; and they shall be secure
in their rights to use and enjoyment of the natural resources of the state with
due regard for the preservation of their values; and it is the duty of the
general assembly to provide for the conservation of the air, land, water,
plant, animal, mineral and other natural resources of the state, and to adopt
all means necessary and proper by law to protect the natural environment of the
people of the state by providing adequate resource planning for the control and
regulation of the use of the natural resources of the state and for the
preservation, regeneration, and restoration of the natural environment of the
state.
(2) The general assembly
recognizes and declares that the coastal resources of Rhode Island, a rich
variety of natural, commercial, industrial, recreational, and aesthetic assets,
are of immediate and potential value to the present and future development of
this state; that unplanned or poorly planned development of this basic natural
environment has already damaged or destroyed, or has the potential of damaging
or destroying, the state's coastal resources, and has restricted the most
efficient and beneficial utilization of these resources; that it shall be the
policy of this state to preserve, protect, develop, and, where possible, restore
the coastal resources of the state for this and succeeding generations through
comprehensive and coordinated long range planning and management designed to
produce the maximum benefit for society from these coastal resources; and that
preservation and restoration of ecological systems shall be the primary guiding
principle upon which environmental alteration of coastal resources will be
measured, judged, and regulated.
(b)(1) That effective
implementation of these policies is essential to the social and economic
well-being of the people of Rhode Island because the sea and its adjacent lands
are major sources of food and public recreation, because these resources are
used by and for industry, transportation, waste disposal, and other purposes,
and because the demands made on these resources are increasing in number,
magnitude, and complexity; and that these policies are necessary to protect the
public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452
("The Coastal Zone Management Act"), the General Assembly hereby
directs the council (referred to as "CRMC") to exercise effectively
its responsibilities in the coastal zone through the development and
implementation of management programs to achieve wise use of the land and water
resources of the coastal zone.
(2) Furthermore, that
implementation of these policies is necessary in order to secure the rights of
the people of Rhode Island to the use and enjoyment of the natural resources of
the state with due regard for the preservation of their values, and in order to
allow the general assembly to fulfill its duty to provide for the conservation
of the air, land, water, plant, animal, mineral, and other natural resources of
the state, and to adopt all means necessary and proper by law to protect the
natural environment of the people of the state by providing adequate resource
planning for the control and regulation of the use of the natural resources of
the state and for the preservation, regeneration, and restoration of the
natural environment of the state.
(c) That these policies can
best be achieved through the creation of a coastal resources management council
as the principal mechanism for management of the state's coastal resources.
(d) The general assembly
recognizes and declares that maintenance dredging is required to remove natural
silt accumulations; Rhode Island has not had a general maintenance dredging
policy and programs for ports, port facilities, channels, harbors, public and
private marinas and boating facilities, recreational facilities and habitat
areas; other major coastal states have maintenance dredging policies and
in-water maintenance dredge disposal sites; as a result of the lack of a
general maintenance dredging policy and program and as a result there has been
(1) a decrease in the depth of the Providence Channel from forty-four (44) feet
in 1971 to twenty-four (24) feet in 1996; (2) navigational restrictions on
ocean going vessels through the state's waterways and channels; and (3) a
decrease in the number of available slips and moorings at marinas throughout
the state; and the lack of a maintenance dredging policy and programs have
significant adverse environmental and economic effects on the state and
therefore it is in the best interest of the state, the cities and towns of the
state, and the citizens thereof for the state to have a general maintenance
dredging policy and programs to resolve issues related to dredge maintenance
and disposal and avoid future significant direct and indirect adverse impact on
the environment and economy of the state.
(e) The coastal resources
management council is hereby designated as the lead state agency for purposes
of dredging in tidal waters and as such shall have the following duties and
responsibilities:
(1) To coordinate the interest
of the state with regard to dredging;
(2) To formulate and adopt a
state policy with regard to dredging which integrates those interests;
(3) To cooperate with,
negotiate, and to enter into agreements on behalf of the state with the federal
government and with other public bodies and private parties with regard to
dredging;
(4) To act as the initial and
primary point of contact for all applications to the state for dredging
projects in tidal waters;
(5) To develop, prepare,
adopt pursuant to § 46-23-11, implement, and maintain a comprehensive plan for
dredge material management; and
(6) To cooperate and
coordinate with the departments of environmental management, transportation,
administration, and health, and the economic development corporation in the
conduct of these duties and responsibilities.
(f)(1) The legislature
recognizes that under Article I, § 17, the submerged lands of the state are
impressed with a public trust and that the state is responsible for the
protection of the public's interest in these lands. The state maintains title
in fee to all soil within its boundaries that lies below the high water mark,
and it holds that land in trust for the use of the public. In benefiting the
public, the state preserves certain public rights which include but are not
limited to fishery, commerce, and navigation in these waters and the submerged
lands that they cover.
(2) Since its establishment
in 1971, the CRMC has had the authority to manage and plan for the preservation
of the coastal resources of the state including but not limited to submerged
lands. The legislature hereby declares that, in light of the unique size,
scope, and overall potential impact upon the environment of large scale filling
projects involving twenty-five (25) acres or more, any lease of tidal lands, or
any license to use those lands, is subject to approval, disapproval, or
conditional approval by the direct enactment of the general assembly by
legislative action. CRMC shall review all requests for leases, licenses to use
the land, and other authority to use the land made by any applicant prior to
presentation of the request to the general assembly, and the CRMC shall make
recommendations on the request to the general assembly. With the exception of
any and all projects to fill land of twenty-five (25) acres or more, the
general assembly hereby recognizes and declares that the CRMC is delegated the
sole and exclusive authority for the leasing of submerged and filled lands and
giving licenses for the use of that land. Accordingly, the CRMC will develop,
coordinate, and adopt a system for the leasing of submerged and filled lands,
and licenses for the use of that land, and will ensure that all leases and
licenses are consistent with the public trust. Pursuant thereto, the CRMC
shall impose a maximum fee of eighty thousand dollars ($80,000) per annum for
any transatlantic cable that makes landfall in Rhode Island. All such fees collected shall be deposited
into the Bays, Rivers and Watersheds Fund, established pursuant to § 46-31-12.1, and shall be disbursed
according to the purposes of that fund.
Nothing contained in this subsection negates, repeals, or alters the
provisions, processes, and requirements for the leasing of submerged land for
the conduct of aquaculture as set out under chapter 10 of title 20. Therefore,
nothing in this chapter shall be construed to limit or impair the authority of
the state, or any duly established agency of the state, to regulate filling or
dredging affecting tidal lands owned by the state or any other entity, and
nothing in this chapter shall be construed to limit or impair the obligation of
the applicant to obtain all applicable regulatory approvals. Specifically, and
without limiting the foregoing, nothing in this subsection negates, repeals, or
alters the provisions, processes, and requirements for water quality
certification contained in chapter 12 of this title.
(3) Definitions.
(i) "Filled land"
means portions of tidal lands which have been rendered by the acts of man to be
no longer subject to tidal action or beneath tidal waters.
(ii) "Tidal Lands"
means those lands that are below the mean high water.
(iii) "Mean high
water" means a line of contour representing the 18.6 year average as
determined by the metonic cycle and/or its equivalent as evidenced by the
records, tidal datum, and methodology of the United States coastal geodetic
survey within the national oceanic and atmospheric administration.
SECTION 4. This article shall take effect upon
passage.
ARTICLE 31 SUBSTITUTE A
Relating To Municipal Tipping Fees
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, 2006 2007 to June 30, 2007 2008.
SECTION 2. This article
shall take effect as of July 1, 2007.
ARTICLE 32 SUBSTITUTE A
RELATING TO CONTRACTOR'S REGISTRATION FEES
SECTION 1. Sections
5-65-1, 5-65-3, 5-65-9 and 5-65-24 of the General Laws in Chapter 5-65 entitled
"Contractors' Registration" are hereby amended to read as follows:
5-65-1. Definitions. -- As used in this chapter:
(1) "Board" means the contractors' registration board
established pursuant to the provisions of Rhode Island general laws section
5-65-14.
(2) "Commission" means the building code commission
supportive of the contractors' registration board.
(3) (i) "Contractor" means a person who, in the pursuit
of an independent business, undertakes or offers to undertake or submits a bid,
or for compensation and with or without the intent to sell the structure
arranges to construct, alter, repair, improve, move over public highways, roads
or streets or demolish a structure or to perform any work in connection with
the construction, alteration, repair, improvement, moving over public highways,
roads or streets or demolition of a structure, and the appurtenances thereto.
"Contractor" includes, but is not limited to, any person who
purchases or owns property and constructs or for compensation arranges for the
construction of one or more structures.
(ii) A certificate of registration is necessary for each
"business entity" regardless of the fact that each entity may be
owned by the same individual.
(4) "Dwelling unit" means a single unit providing
complete independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and sanitation.
(5) "Hearing officer" means a person designated by the
executive director, with the approval of the director of the department of
administration to hear contested claims or cases, contested enforcement
proceedings, and contested administrative fines, in accordance with the
Administrative Procedures Act, chapter 35 of title 42.
(6) "Staff" means the executive director for the
contractors' registration board, and any other staff necessary to carry out the
powers, functions and duties of the board including inspectors, hearing
officers and other supportive staff.
(7) "State" means the state of Rhode Island.
(8) "Structure" means (i) any commercial building or
(ii) any building containing one or more residences and their
appurtenances. The board's dispute resolution process shall apply only to
residential structures containing dwelling units as defined in the state
building code or residential portions of other types of buildings without
regard to how many units any structure may contain. The board retains
jurisdiction and may conduct hearings regarding violations against all
contractors required to be registered.
(9) "Substantially" means any violation, which affects
the health, safety, and welfare of the general public.
5-65-3. Registration
for work on a structure required of contractor -- Issuance of building permits
to unregistered or unlicensed contractors prohibited -- Evidence of activity as
a contractor -- Duties of contractors. -- (a) A person shall not
undertake, offer to undertake, or submit a bid to do work as a contractor on a
structure or arrange to have work done unless that person has a current, valid
certificate of registration for all construction work issued by the board. A partnership,
corporation, or joint venture may do the work, offer to undertake the work, or
submit a bid to do the work only if that partnership, corporation, or joint
venture is registered for the work. In the case of registration by a
corporation or partnership, an individual shall be designated to be responsible
for the corporation's or partnership's work. The corporation or partnership and
its designee shall be jointly and severally liable for the payment of the
registration fee, as requested in this chapter, and for violations of any
provisions of this chapter. Disciplinary action taken on a registration held by
a corporation, partnership, or sole proprietor may affect other registrations
held by the same corporation, partnership, or sole proprietorship, and may
preclude future registration by the principal of that business entity.
(b) A
registered partnership or corporation shall notify the board in writing
immediately upon any change in partners or corporate officers.
(c) A city,
town, or the state shall not issue a building permit to anyone required to be
registered under this chapter who does not have a current, valid certificate of
registration identification card or valid license which shall be presented at
the time of issuance of a permit and shall become a condition of a valid
permit. Each city, town, or the state which requires the issuance of a permit
as a condition precedent to construction, alteration, improvement, demolition,
movement or repair of any building or structure or the appurtenance to the
structure shall also require that each applicant for the permit file as a
condition to issuing the permit a written affidavit subject to the penalties of
perjury, subscribed by the applicant, that the applicant is registered under
the provisions of this chapter, giving the number of the registration and
stating that the registration is in full force and effect, or, if the applicant
is exempt from the provisions of this chapter, listing the basis for the
exemption. The city, town, or the state shall list the contractor's
registration number on the permit obtained by that contractor, and if a
homeowner is issued a permit, the building inspector or official must ascertain
registration numbers of each contractor on the premises and shall inform the registration
board of any non-registered contractors performing work at the site.
(d) Every city and town which requires the issuance of a business
license as a condition precedent to engaging, within the city or town, in a
business which is subject to regulation under this chapter, shall require that
each licensee and each applicant for issuance or renewal of the license file,
or has on file, with the city or town a signed statement that the licensee or
applicant is registered under the provisions of this chapter and stating that
the registration is in full force and effect.
(e) It shall be prima facie evidence of doing business as a
contractor when a person for that person's own use performs, employs others to perform,
or for compensation and with the intent to sell the structure, arranges to have
performed any work described in section 5-65-1(3) if within any one twelve (12)
month period that person offers for sale one or more structures on which that
work was performed.
(f) Registration under this chapter shall be prima facie evidence
that the registrant conducts a separate, independent business.
(g) The provisions of this chapter shall be exclusive and no city
or town shall require or shall issue any registrations or licenses nor charges
any fee for the regulatory registration of any contractor registered with the
board. Nothing in this subsection shall limit or abridge the authority of any
city or town to license and levy and collect a general and nondiscriminatory
license fee levied upon all businesses, or to levy a tax based upon business
conducted by any firm within the city or town's jurisdiction, if permitted
under the laws of the state.
(h) (1) Every contractor shall maintain a list which shall include
the following information about all subcontractors or other contractors
performing work on a structure for that contractor:
(i) Names and addresses.
(ii) Registration numbers or other license numbers.
(iii) Contracts entered into must contain notice of right of
rescission as stipulated in all pertinent Rhode Island consumer protection
laws.
(iv) The contractor must stipulate whether or not all the
proper insurances are in effect for each job contracted.
(v) (2) The list referred to in subdivision (h) (1) of this subsection shall be delivered to the
board within twenty-four (24) hours after a request is made during reasonable
working hours, or a fine of twenty-five dollars ($25.00) may be imposed for
each the offense.
(i) The following subcontractors who are not employees of a
registered contractor must obtain a registration certificate prior to
conducting any work: (1) carpenters, including finish carpenters and framers;
(2) siding installers; (3) roofers; (4) foundation installers, including concrete
installers and form installers; (5) drywall installers; (6) plasterers; (7)
insulation installers; (8) ceramic tile installers; (9) floor covering
installers; (10) swimming pool installers, both above ground and in ground;
(11) masons, including chimney installers, fireplace installers, and general
masonry erectors. This list is not all inclusive and shall not be limited to
the above referenced contractors. No subcontractor licensed by another in-state
agency pursuant to section 5-65-2 shall be required to register, provided that
said work is performed under the purview of that license.
(j) A contractor including, but not limited to, a general
contractor, shall not hire any subcontractor or other contractor to work on a
structure unless the contractor is registered under this chapter or exempt from
registration under the provisions of section 5-65-2.
(k) A summary of this chapter, prepared by the board and provided
at cost to all registered contractors, shall be delivered by the contractor to
the owner when the contractor begins work on a structure; failure to comply may
result in a fine.
(l) The registration number of each contractor shall appear in any
advertising by that contractor. Advertising in any form by an unregistered
contractor shall be prohibited, including alphabetical or classified directory
listings, vehicles, business cards, and all other forms of advertisements. The
violations could result in a penalty being assessed by the board per
administrative procedures established.
(i) The board may publish, revoke or suspend registrations and the
date the registration was suspended or revoked on a quarterly basis.
(ii) Use of the word "license" in any form of
advertising when only registered may subject the registrant or those required
to be registered to a fine of one hundred dollars ($100) for each offense at
the discretion of the board. Provided, however, that fines issued for a
violation of this subsection shall only be issued as a secondary offense
actionable only in connection with a final order issued by the board for
violations of other sections of this chapter.
(m) The contractor must see that permits required by the state
building code are secured on behalf of the owner prior to commencing the work
involved. The contractor's registration number must be affixed to the permit as
required by the state building code.
(n) The board may assess an interest penalty when claims have been
filed with the board at twelve percent (12%) annually.
(o) Effective October 1, 2006, all work performed, including labor
and materials, in excess of one thousand dollars ($1,000) shall be accompanied
by a contract in writing. Contracts required pursuant to this subsection shall
include a location on or near the signature line location on or in which the
parties to the contract shall initial to evidence the receipt of certain
consumer education materials or information approved and provided by the board
to the contractor. Said educational materials and/or information shall include,
but not be limited to, the following notice and shall be provided by the
contractor to the homeowner:
NOTICE OF POSSIBLE MECHANIC'S
LIEN
To: Insert name of owner,
lessee or tenant, or owner of less than the simple fee. The undersigned is
about to perform work and/or furnish materials for the construction, erection,
alterations or repair upon the land at (INSERT ADDRESS) under contract with
you. This is a notice that the undersigned and any other persons who provide
labor and materials for the improvement under contract with the undersigned may
file a mechanic's lien upon the land in the event of nonpayment to them. It is
your responsibility to assure yourself that those other persons under contract
with the undersigned receive payment for their work performed and materials
furnished for the construction, erection, alteration or repair upon the land.
Failure to adhere to the
provisions of this subsection may result in a one thousand dollars ($1,000)
fine against the contractor.
(END OF FORM NOTICE)
(p) Contracts entered into
must contain notice of right of rescission as stipulated in all pertinent Rhode
Island consumer protection laws.
(q) The contractor must
stipulate whether or not all the proper insurances are in effect for each job
contracted.
5-65-9. Registration fee. (a)
Each applicant shall pay to the board:
(1) For original registration
or renewal of registration, a fee of one hundred twenty dollars ($120) two
hundred ($200).
(2) A fee for all changes in the
registration, as prescribed by the board, other than those due to clerical
errors.
(b) All fees and fines
collected by the board shall be deposited as general revenues to support the
activities set forth in this chapter.
(c) Each year, the executive director
shall prepare a proposed budget to support the programs approved by the board.
The proposed budget shall be submitted to the board for its review. A final
budget request shall be submitted to the legislature as part of the capital
projects and property management annual request.
(d) New or renewal
registrations may be filed online or with a third-party approved by the board,
with the additional cost incurred to be borne by the registrant.
5-65-24. Limited applicability of chapter to non-residential
contractors. -- (a) Notwithstanding anything set forth in this chapter to
the contrary, the provisions of the following sections of this chapter shall
not apply to any contractor who does not regularly in the course of his or her
or its business as a contractor engage in construction activities as
contemplated under this chapter on residential structures:
(1) section 5-65-3(p);
(1) (2) section 5-65-3(k);
(2) (3) section 5-65-4;
(3) (4) section 5-65-11;
(4) (5) section 5-65-12; and
(5) (6) section 5-65-18.
(b) Notwithstanding anything set forth in this chapter to the
contrary, the provisions of the following sections of this chapter shall have
only the limited applicability set forth below respecting any contractor who
does not regularly in the course of his or her or its business as a contractor
engage in construction activities as contemplated under this chapter on
residential structures:
(1) the provisions of section 5-65-3(a) concerning the joint and
several liability of applicable corporations or partnerships and their
respective designees for the payment of the registration fee as requested in
this chapter and for violations of any provisions of this chapter shall apply;
and
(2) the provisions of section 5-65-10(a)(4) concerning violation
of a rule or order of the board shall only apply to the extent that any such
rule or order does not relate to or is not derived from one of the inapplicable
provisions referenced in this section.
SECTION 2. This article shall take effect upon passage.
ARTICLE 33 SUBSTITUTE A AS AMENDED
Relating To Fire Safety Fees
SECTION 1. Chapter 23-28.2 of the General Laws entitled
Division of Fire Safety is hereby amended by adding thereto the following
section:
23-28.2-27. Inspection Fees. (a) The
state fire marshals office shall assess an inspection fee of one-hundred
dollars ($100.00) per inspection for any inspection performed by that office
pursuant to chapter 23-28.1 of the Rhode Island General Laws, or any other
provisions of the state fire code, including any rule or regulation promulgated
by either the fire safety code board of appeal and review or the state fire
marshal. The inspection fee shall be
assessed for each required inspection.
Initial inspections and any required subsequent re-inspection shall
constitute separate visits for which separate inspection fees will be payable.
(b) In the case of an
inspection involving residential use, the fee shall be paid by the property owner.
(c) In the case of any inspection
involving any assembly, industrial, mercantile, business educational, health
care, ambulatory health care, day care or municipal government use, the fee
shall be paid by one of the following parties:
(1) The occupant/tenant of
the property if the occupant/tenant holds any license issued by the State of
Rhode Island that requires fire code compliance; or
(2) The lessee of the
property if the lessee is the sole tenant; or
(3) If neither (1) nor (2)
apply, the owner of the property will be responsible for payment of the inspection fee.
(d) The fee shall be waived
for a specific inspection in the event that no violation of any provision of
the state fire code including any rule or regulation is found.
(e) No inspection fee shall
be assessed against any municipality or municipal agency or
the State of Rhode Island, or any department, board, or commission
thereof. No inspection fee shall be
assessed for any inspection conducted for the purpose of updating the
compliance status of a building in preparation for a hearing before the fire
safety code board of appeal and review or before any court.
(f) All fees collected
pursuant to this section shall be deposited as general revenue.
SECTION 2. Section 23-28.11-3 of the General Laws in
Chapter 23-28.11 entitled Fireworks and Pyrotechnics is hereby amended to
read as follows:
23-28.11-3. Permits for storage, handling, transportation and display of
fireworks and pyrotechnics. (a)
All storage, handling, transportation and display of fireworks shall be in
accordance with the National Fire Protection Association (NFPA) Standard 1123
entitled "Code for Fireworks Display", and NFPA Standard 1124
entitled "Code for the Manufacture, Transportation, Storage, and Retail
Sales of Fireworks and Pyrotechnic Articles" 2003 Edition, and the
requirements of this chapter.
(b) All storage, handling,
transportation and display of pyrotechnics shall be in accordance with the
National Fire Protection Association (NFPA) Standard 1126 entitled
"Standard for the Use of Pyrotechnics before a Proximate Audience",
and NFPA Standard 1124 entitled "Code for the Manufacture, Transportation,
Storage, and Retail Sales of Fireworks and Pyrotechnic Articles" 2003
Edition, and the requirements of this chapter.
(c) Permits to possess and
display commercial fireworks or pyrotechnics shall be issued by the local fire
authority on forms provided by the state fire marshal. No permit shall be issued until the
applicants certificate of competency and insurance coverage is verified as
being current and the applicant has submitted a fifty dollar ($50.00) fee. Verification will be determined by the state
fire marshal office.
(d) No permit to possess and
display fireworks or pyrotechnics shall be issued by the local fire authority
until the applicant has first obtained a valid certificate of competency from
the state fire marshal. For the purposes of this chapter,
"pyrotechnics" means a chemical mixture, including
pyrotech-compositions, intended to produce a visible and/or audible effect by
combustion, deflagration or detonation before a proximate audience closer than
allowed for outdoor fireworks displays as permitted under this chapter. All
pyrotechnics shall be in accordance with the requirements of the National Fire
Protection Association Standard 1126, entitled "Use of Pyrotechnics Before
A Proximate Audience", 1992 Edition, and the requirements of this chapter.
(e) All fees collected
pursuant to this section shall be deposited as general revenue.
SECTION 3. Section 23-28.28-10 of the General Laws in
Chapter 23-28.28 entitled Explosives is hereby amended to read as follows:
23-28.28-10. Permit fees. (a)
Each application for a license under this chapter shall be accompanied by the
fee prescribed in this section, which fee shall be returned in the event the
application is denied. The permit fee shall be as follows:
Manufacturer's
permit $50.00
$85.00 annually
Dealer's
permit $35.00
$50.00 annually
Possessor's
permit $50.00
annually
User's
permit based on estimated
job
cost $25.00
per
increment of $1000.00
Quarry
or project permit based on
estimated
cost not more than
$99,000 $100.00
over
$99,000 $100.00
plus $50.00
per $100,000
or fraction thereof over
$99,000.
Users
permit based on estimated project costs $50.00
per
$10,000.00
or
fraction thereof.
(b) All fees
collected pursuant to this section shall be deposited as general revenue.
SECTION 4. Chapter 23-28.28 of the General Laws
entitled Explosives is hereby amended by adding thereto the following
section:
23-28.28-38. Transportation of Explosives. (a) All vehicles and associated equipment used for the
transportation of Class A or Class B explosives shall be subject to annual
inspection by the state fire marshals office and a permit issued stating that
the vehicle and associated equipment meets the requirements of N.F.P.A. 495. There shall be a one hundred dollars ($100)
permit fee.
(b)
All fees collected pursuant to this section shall be
deposited as general revenue.
SECTION 5. This article shall take effect as of July 1, 2007.
ARTICLE 34 SUBSTITUTE A
Relating To Motor Vehicle Emissions
Inspection Program
SECTION 1. Section 31-47.1-11 of the General Laws in
Chapter 31-47.1 entitled Motor Vehicle Emissions Inspection Program is hereby
amended to read as follows:
31-47.1-11. Fees. (a)
A fee of forty-seven dollars ($47.00) thirty-nine dollars ($39.00) is to be charged for each
motor vehicle inspected. The amount of fees collected shall provide for the
cost of the inspection, the costs of administering the motor vehicle emissions
inspection program and other costs provided by law. The fee must be paid for
each motor vehicle inspected at an emissions inspection station at the time of
the inspection and is payable whether a compliance certificate, waiver
certificate, or no certificate is issued. There shall be no fee charged for one
reinspection of a vehicle that failed an initial inspection when the
reinspection is conducted at the AIRS that conducted the initial inspection.
Of the forty-seven dollar
($47.00) thirty-nine dollar ($39.00) fee, eighteen dollars
($18.00) nineteen dollars ($19.00) shall be retained by the
inspection station owner to cover the costs of performing the inspection. The
remaining twenty-nine dollars ($29.00) twenty dollars ($20.00)
shall be remitted to the program manager. The program manager shall retain no
more than ten dollars ($10.00) four dollars ($4.00) of the fee
and remit no less than nineteen dollars ($19.00) sixteen dollars
($16.00) for deposit in the state general fund. The general assembly shall
annually appropriate such sums as may be required to cover the costs of
administering the program by the division of motor vehicles and the department
of environmental management.
(b) The general
assembly shall on or before June 30th of each calendar year review the costs
and fees associated with the program with the goal of eliminating all fees
being directed to the general fund and to eliminate all costs and fees not
directly related and necessary to pay the costs of administering the motor
vehicle emission inspection program as required under 40 CFR 51.354(a).
SECTION 2. This article shall take effect as of July 1,
2007.
ARTICLE 35 SUBSTITUTE A
RELATING TO ADJUDICATION OF TRAFFIC
OFFENSES
SECTION 1. Section 31-41.1-7 of the General Laws in
Chapter 31-41.1 entitled Adjudication of Traffic Offenses is hereby amended
to read as follows:
31-41.1-7. Application for dismissal based on good driving record. (a) Any person who has had a motor
vehicle operator's license for more than three (3) years, and who has been
issued traffic violations which are his or her first violations within the
preceding three (3) years, may request a hearing seeking a dismissal of the
violations based upon the operator's good driving record.
(b) Upon submission of proper
proof that the operator has not been issued any other traffic violation within
the past three (3) years, the charge shall, except for good cause shown or as
otherwise provided by law, be dismissed based upon a good driving record,
provided that the operator pay a twenty-five dollar ($25.00) administrative fee
for court costs associated with the dismissal.
(c) The traffic tribunal may
not dismiss a charge pursuant to this section after six (6) months from the
date of disposition. For purposes of this section, a parking ticket shall not
constitute a prior violation.
(d) The following violations
shall not be dismissed pursuant to this statute:
(1) Any violation within the
original jurisdiction of superior or district court;
(2) A refusal to submit to a
chemical test of breath, blood or urine pursuant to § 31-27-2.1;
(3) Any violation involving a
school bus;
(4) Any violation involving
an accident where there has been property damage or personal injury;
(5) Any speeding violation in
excess of fourteen miles per hour (14 m.p.h.) above the posted speed limit;
(6) Any violation involving
child restraints in motor vehicles pursuant to § 31-22-22;
(7) Any violation committed
by a holder of a commercial license as defined in § 31-10.3-3 or any violation committed
in a commercial motor vehicle as defined in § 31-10.3-3 by an operator who does
not hold a commercial license.
(e) If the charge is
dismissed pursuant to this section, records of the dismissal shall be
maintained for a period of three (3) years.
(f) The judge or magistrate
shall have the discretion to waive court costs and fees when dismissing a
violation pursuant to this section, with the exception of the mandatory
twenty-five dollar ($25.00) administrative fee provided for in § 31-41.1-7 (b).
SECTION 2. This article shall take effect upon passage.
ARTICLE 36 SUBSTITUTE A
RELATING TO HISTORICAL RECORDS TRUST FEES
SECTION 1. Section
42-8.1-20 of the General Laws in Chapter 42-8.1 entitled State Archives is
hereby amended to read as follows:
42-8.1-20 Rhode Island
Historical Records Trust established.
(a) There is hereby established a special fund to be known as the Rhode Island
Historical Records Trust (hereinafter called Trust).
(b) There is hereby imposed
an additional assessment of two dollars ($2.00) three dollars
($3.00) for every instrument filed for recording pursuant to §§ 33-22-21
and 34-13-7.
(c) On the first of every
month, the municipal clerk shall transmit to the State Archives one half
two dollars ($2.00) of the additional assessment collected under
subsection (b) of this section for deposit in the Rhode Island Historical
Records Trust. The remaining one half one dollar ($1.00) of each
such additional assessment shall remain with the local government and be
deposited in a local Historical Records Trust.
(d) All monies retained by a
local government shall be placed in a Historical Record Trust Fund maintained
by the local government. The expenditure of these monies shall be restricted
solely to the preservation of public records of historical value maintained by
the municipal clerk or by a municipal archives.
(e) Use of these funds by the
State Archives shall be for the development and ongoing maintenance of a
full-time local government records management program component and the state
archives and records program. Such program shall be responsible for providing
aid, advice, and assistance to all local governments of this State concerning
the proper management and preservation of the public records in their custody
or care, as required by other provisions of statute. Funds shall be expended to
support administrative and other costs associated with the provision of
consultative and technical services including, but not limited to, educational
programming, micrographics services, and ongoing storage and preservation of
local government records.
(f) All monies received by
the General Treasurer and other moneys appropriated or received for the
purposes stated in subsection (b) above shall be deposited in a restricted
account which shall be administered by the State Archives.
(g) Each year the State
Archives shall review and make recommendations on a proposed operational and
expenditure plan for the RI Historical Records Trust.
SECTION 2. This article shall take effect as of July 1,
2007.
ARTICLE 37 SUBSTITUTE A AS AMENDED
RELATING TO UNCLAIMED PROPERTY
SECTION 1. Section 33-21.1-1 of the General Laws in
Chapter 33-21.1 entitled Unclaimed Intangible and Tangible Property is hereby
amended to read as follows:
33-21.1-1 Definitions
and use of terms. As used in this chapter, unless the
context otherwise requires:
(1) "Administrator"
means the general treasurer or his or her designee, including agents hired
for the express purpose of auditing, assessing
and collecting unclaimed property.
(2) "Apparent
owner" means the person whose name appears on the records of the holder as
the person entitled to property held, issued, or owing by the holder.
(3) "Banking
organization" means a bank, trust, company, savings bank (industrial bank,
land bank, safe deposit company), private banker, or any organization defined
by any of the laws of this or any other state as a bank or banking
organization.
(4) "Business
association" means a public corporation, a non-public corporation, joint
stock company, investment company, business trust, partnership, or association
for business purposes of two (2) or more individuals, whether or not for
profit, including a banking organization, financial organization, insurance
company, or utility, but not including hospitals, private, nonprofit
institutions of higher education, and other domestic charitable corporations as
those terms are defined in this section.
(5) "Domicile"
means the state of incorporation of a corporation and the state of the
principal place of business of an unincorporated person.
(6) "Financial
organization" means a savings and loan association, cooperative bank,
building and loan association, or credit union.
(7) "Hospital"
means:
(i) Any nonprofit hospital
incorporated under the laws of the state, including any nonprofit subsidiary
corporations formed by any hospital or formed by the parent corporation of a
hospital, or
(ii) Any nonprofit
corporation the member or members of which consist solely of one or more
hospitals or parent corporations of hospitals, or
(iii) Any other hospital
which is licensed as a general hospital or maternity hospital pursuant to
chapter 17 of title 23 which is exempt from taxation.
(8) "Holder" means
a person, wherever organized or domiciled, who is:
(i) In possession of property
belonging to another,
(ii) A trustee, or
(iii) Indebted to another on
an obligation.
(9) "Insurance
company" means an association, corporation, fraternal or mutual benefit
organization, whether or not for profit, which is engaged in providing
insurance coverage, including accident, burial, casualty, credit life, contract
performance, dental, fidelity, fire, health, hospitalization, illness, life
(including endowments and annuities), malpractice, marine, mortgage, surety,
and wage protection insurance; but not including a nonprofit corporation
organized pursuant to chapters 19, 20, 20.1, 20.2 and 20.3 of title 27.
(10) "Intangible
property" includes:
(i) Money, checks, drafts,
deposits, interest, dividends, income, and bonds;
(ii) Credit balances,
customer overpayments, security deposits, refunds, credit memos, unpaid wages,
unused airline tickets, unclaimed pari-mutuel tickets, and unidentified
remittances;
(iii) Stocks and other
intangible ownership interests in business associations;
(iv) Money deposited to
redeem stocks, bonds, coupons, and other securities, or to make distributions;
(v) Amounts due and payable
under the terms of insurance policies; and
(vi) Amounts distributable
from a trust or custodial fund established under a plan to provide health,
welfare, pension, vacation, severance, retirement, death, stock purchase,
profit sharing, employee savings, supplemental unemployment insurance, or similar
benefits.
(11) "Last known
address" means a description of the location of the apparent owner
sufficient for the purpose of the delivery of mail.
(12) "Other domestic
charitable corporation" means a corporation, except a hospital or private,
nonprofit institution of higher education, as those terms are defined herein,
organized and existing under chapter 6 of title 7, chapter 19 of title 27, or
created by general or special act of the general assembly; provided however
that domestic charitable corporations which qualify as charitable corporations
under 26 U.S.C. § 501(c)(3) and have one hundred (100) or fewer employees shall
be exempt from the provisions of this chapter.
(13) "Owner" means
a depositor in the case of a deposit, a beneficiary in the case of a trust
other than a deposit in trust, a creditor, claimant, or payee in the case of
other intangible property, or a person having a legal or equitable interest in
property subject to this chapter or his or her legal representative.
(14) "Person" means
an individual, business association, state or other government, governmental
subdivision or agency, public corporation, public authority, estate, trust, two
(2) or more persons having a joint or common interest, or any other legal or
commercial entity.
(15) "Private, nonprofit
institution of higher education" means an educational institution situated
within this state which by virtue of law or charter is a private, nonprofit
educational institution empowered to provide a program of education beyond the
high school level and which is accredited by a nationally recognized
educational accrediting agency or association and awards a bachelor's or
advance degree or provides a program of not less than two (2) years' duration
which is accepted for full credit toward a bachelor's degree.
(16) "State" means
any state, district, commonwealth, territory, insular possession, or any other
area subject to the legislative authority of the United States.
(17) "Tangible
property" includes all other property not defined as intangible property
and which is not otherwise defined in this section.
(18) "Utility"
means a person who owns or operates for public use any plan, equipment,
property, franchise, or license for the transmission of communications or the
production, storage, transmission, sale, delivery, or furnishing of
electricity, water, steam, or gas.
SECTION
2.
This article shall take effect upon passage.
ARTICLE 38 SUBSTITUTE A
Relating To Pesticide Registration
Surcharge Fees
SECTION 1. Section 23-25-6.1
of the General Laws in Chapter 23-25 entitled "Pesticide Control is
hereby amended to read as follows:
23-25-6.1. Registration fee Surcharge. -- In addition to the annual registration fee
of fifty dollars ($50.00) as required by § 23-25-6, an additional fifty
dollar ($50.00) one hundred fifty dollar ($150.00) registration
surcharge fee shall be imposed upon each pesticide to be sold or used within
the state. The registration surcharge
fee shall be deposited as general revenues.
SECTION 2. This article shall take effect upon
passage.
ARTICLE 39 SUBSTITUTE A AS AMENDED
RELATING TO DEPARTMENT OF HEALTH FEES
SECTION 1. Sections 5-10-10,
5-10-11, 5-10-13, and 5-10-15 of the General Laws in Chapter 5-10 entitled Barbers,
Hairdressers, Cosmeticians, Manicurists and Estheticians are hereby amended to
read as follows:
5-10-10 . Application form Fee Expiration and renewal of licenses
Fees. (a) Applications for licenses
under § 5-10-9 shall be made upon any forms that are prescribed by the division
and are accompanied by an examination fee of thirty-one dollars and
twenty-five cents ($31.25) established in regulation. The license
of every person licensed under §§ 5-10-8 and 5-10-9 shall expire on the thirtieth
(30th) day of October of every other year following the date of license. This
is determined on an odd-even basis. On or before the first day of September of
every year, the administrator of professional regulation shall mail an
application for renewal of license to people scheduled to be licensed that year
on an odd or even basis as to the license number. Every person who wishes to
renew his or her license must file with the administrator of professional
regulation a renewal application duly executed together with the renewal fee of
thirty-seven dollars and fifty cents ($37.50) fifty dollars ($50.00).
Applications, accompanied by the fee for renewal, shall be filed with the
division on or before the fifteenth (15th) day of October in each renewal year.
Upon receipt of the application and fee, the administrator of professional
regulation shall grant a renewal license effective October 1st and expiring two
(2) years later on September 30th.
(b) Every person who fails to
renew his or her license on or before September 30th following the date of
issuance as provided in subsection (a) of this section may be reinstated by the
division upon payment of the current renewal fee of thirty-seven dollars and
fifty cents ($37.50) fifty dollars ($50.00) plus an additional fee
of eighteen dollars and seventy-five cents ($18.75) thirty dollars
($30.00) for each year the license has lapsed to a maximum of one
hundred fifty dollars ($150) two hundred dollars ($200.00).
(c) The license shall be on the
person at all times while performing the services for which they are licensed.
5-10-11. Persons licensed in other states. (a) Any person licensed to practice
barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics in
another state where the requirements are the equivalent of those of this state
is entitled to a license as a barber, hairdresser, and cosmetician and/or
manicurist or esthetician operator upon the acceptance of his or her
credentials by the division; provided, that the state in which that person is
licensed extends a similar privilege to licensed barbers, hairdressers, and
cosmetic therapists and/or manicurists or esthetics of this state. If a person
applies for a hairdressing license who was licensed in another state where the
requirements are not equivalent to those of this state, the division shall give
to that person one hundred (100) hours instructional credit for three (3)
months that the person was licensed and in actual practice, up to a limit of
five hundred (500) hours, in order for that person to meet the requirements for
a hairdressing license in this state as established under the provisions of §§
5-10-8 and 5-10-9.
(b) If a person applies for a
manicurist or esthetician license and is currently licensed in another state,
that person may be granted a license if he or she passes the written and
practical examinations conducted by the division.
(c) The fee for the
examination is twenty-five dollars ($25.00) forty dollars ($ 40.00);
provided, that the provisions of this chapter shall not be construed as
preventing persons who have been licensed by examination under the laws of
other states of the United States or territories and the District of Columbia
from practicing barbering, hairdressing, and cosmetic therapy and/or manicuring
or esthetics in this state for a period of three (3) months; provided, that
they apply for and are licensed in this state within three (3) months from the
commencement of their employment. Nor shall it be construed as prohibiting persons
who have been licensed under the laws of another country or territory from
practicing barbering, hairdressing, and cosmetic therapy and/or manicuring or
esthetics in this state; provided, that practice is in conformity with the
rules and regulations of the division; and provided, that in no case shall that
practice cover a period of more than three (3) months from the commencement of
that employment.
5-10-13. Demonstrator's permit. The
division may in its discretion issue to any person recognized by the division
as an authority on, or an expert in the theory or practice of, barbering,
hairdressing, and cosmetic therapy and/or manicuring or esthetics and is the
holder of a current esthetician's, manicurist's or a barber's, hairdresser's,
and cosmetician's license in this state, another state or the District of
Columbia, a demonstrator's permit for not more than six (6) days' duration for
educational and instructive demonstrations; provided, that the permit shall not
be used in the sense of a license to practice barbering, manicuring, esthetics
or hairdressing and cosmetic therapy. The fee for the permit is fifty
dollars ($50.00) seventy dollars ($70.00).
5-10-15. Licensing of shops. (a)
No shop, place of business or establishment shall be opened or conducted within
the state by any person, association, partnership, corporation, or otherwise
for the practice of barbering, manicuring and/or hairdressing and cosmetic
therapy or esthetics until the time that application for a license to operate
that shop, place of business or establishment for the practice of manicuring
and/or hairdressing and cosmetic therapy or esthetics is made, to the division,
in the manner and on the forms that it prescribes, and a license, under the
terms and conditions, not contrary to law, that the division requires shall be
granted for it and a license issued.
(1) No licenses shall be
granted to any shop, place of business, or establishment for the practice of
hairdressing and cosmetic therapy unless the proprietor or a supervising
manager in the practice of barbering, hairdressing and cosmetic therapy, of the
shop, place of business, or establishment is licensed and has been licensed as
a licensed barber or hairdresser and cosmetician for a period of at least one
year immediately prior to the filing of the application for the license.
(2) No license shall be
granted to any shop, place of business, or establishment for the practice of
manicuring or esthetics unless the proprietor or a supervising manager of the
proprietor is licensed and has been licensed as a licensed barber, hairdresser
and cosmetician, manicurist or esthetician for a period of at least one year
immediately prior to the filing of the application for the license.
(3) The supervising manager
shall be registered with the division as the manager of a licensed shop and
shall only be registered to manage one shop at a time. The proprietor of the
licensed shop and the manager shall notify the division, in writing, within ten
(10) days upon the termination of employment as the manager of the licensed
shop. The license of the shop shall expire forty-five (45) days after the
division is notified by the proprietor if no new manager is registered with the
division as the supervising manager of the shop.
(b) All licenses issued under
this section shall terminate on the first day of July following the date of
issue. The fee for the license is ninety-three dollars and seventy-five
cents ($93.75) one hundred and
thirty dollars ($130.00) and for each renewal of the license the fee is ninety-three
dollars and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00).
SECTION 2. Sections 5-25-10,
5-25-11, and 5-25-12 of the General Laws in Chapter 5-25 entitled Veterinary
Practice are hereby amended to read as follows:
5-25-10. Qualifications for licensure. Any applicant for licensure shall
submit to the department written evidence on forms furnished by the department
verified by oath that the applicant meets all of the following requirements:
(1) Is a graduate
of a school or college of veterinary medicine recognized and accredited by the
American Veterinary Medical Association and by the department or certification
by the Educational Council for Foreign Veterinary Graduates;
(2) Pays an
application fee of twenty-five dollars ($25.00) forty dollars
($40.00) at the time of submitting the application, which, in no case is
returned to the applicant;
(3) Is of good moral
character, evidenced in the manner prescribed by the department; and
(4) Complies with any other
qualifications that the department prescribes by regulation; and
(5) Comply with the
continuing education requirements adopted by the department.
5-25-11. Licensing of veterinarians. (a) By Examination.
The applicant is required to pass, with a grade determined by the division, an
examination approved by the division; upon payment of an examination fee of two
hundred fifty dollars ($250) three hundred and thirty dollars ($330.00)
every candidate who passes that examination, and in the opinion of the division
meets the qualifications of § 5-25-10, shall, upon payment of an initial
license fee, which shall be equal to the biennial license renewal fee in
effect, be issued a license to practice veterinary medicine. Veterinarians
licensed under the provisions of this chapter on August 31, 1985 shall continue
to be licensed.
(b)
Without Examination by Endorsement. A license to practice veterinary
medicine may be issued without examination to an applicant who has been duly
licensed by examination as a veterinarian under the laws of another state or
territory or District of Columbia, if, in the opinion of the division, the
applicant meets the qualifications required of veterinarians in this state, as
further defined in rules and regulations.
5-25-12. Expiration and renewal of licenses. (a) The certificate of every person
licensed as a veterinarian under the provisions of this chapter expires on the
first day of May of each even numbered year. On or before the first day of
March of each two (2) year period, the department shall mail an application for
renewal of license to every person to whom a license has been issued or renewed
during the current licensure period. Every person so licensed who desires to
renew his or her license shall file with the department a renewal application
duly executed together with a renewal fee of two hundred fifty dollars
($250) three hundred and thirty dollars ($330.00) on or before the
thirty-first day of March of each even numbered year.
(b) Upon receipt of an
application, and payment of the renewal fee, the department shall grant a
renewal license effective the second day of May, and expiring on the first day
of May of the next even numbered year.
(c) Any person who allows his
or her license to lapse by failing to renew it on or before the thirty-first
day of March of the next even numbered year, as provided in subsection (a), may
be reinstated by the department on payment of the current renewal fee plus an
additional fee of sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) .
(d) Any person using the
title "veterinarian" during the time that his or her license has
lapsed is subject to the penalties provided for violations of this chapter.
(e) Every veterinarian
licensed to practice veterinary medicine within the state shall, in connection
with renewal of licensure, provide satisfactory evidence to the department that
in the preceding two-year period the veterinarian has completed a prescribed
course of continuing professional education established by an appropriate
professional veterinary medicine association and approved by rule or regulation
of the department. The department may extend for only one six (6) month period,
these education requirements if the department is satisfied that the applicant
has suffered hardship which prevented meeting the educational requirement.
SECTION 3. Sections 5-29-7,
5-29-11, 5-29-13, and 5-29-14 of the General Laws in Chapter 5-29 entitled
Podiatrists are hereby amended to read as follows:
5-29-7. Examination of applicants Fees Reexamination. The division of professional
regulation board of podiatry examiners is empowered to review applications as
defined in this chapter and to require a minimum application fee of three
hundred twelve dollars and fifty cents ($312.50) four hundred and ten
dollars ($410.00) at the time of application. Application fees are not
refundable unless sickness or other good cause appearing to the satisfaction of
the division such applicant was prevented from attending and completing the
examination. One further or subsequent examination under that application may
be given to applicants in the discretion of the division, without payment of an
additional fee.
5-29-11. Fee. The
biennial renewal fee shall not be less than two hundred dollars ($200) two
hundred and sixty dollars ($260.00) nor be more than three hundred
seventy-five dollars ($375) four
hundred and ninety dollars ($490.00).
5-29-13. Limited registrations. (a)
An applicant for limited registration under this chapter who furnishes the
division of professional regulation of the department of health with
satisfactory proof that the applicant is eighteen (18) years of age or older
and of good moral character, that the applicant has creditably completed not
less than two (2) years of study in a legally chartered podiatry school that is
accredited by the Council on Podiatric Medical Education of the American
Podiatric Medical Association having power to grant degrees in podiatry, and
that the applicant has been appointed an intern, resident, fellow, or podiatry
officer in a hospital or other institution maintained by the state, or by a
city or town, or in a hospital or clinic which is incorporated under the laws
of this state or in a clinic which is affiliated with a hospital licensed by
the department of health, or in an out-patient clinic operated by the state,
may, upon the payment of fifty dollars ($50.00), seventy dollars ($70.00), be
registered by the division as a hospital officer for any time that the division
prescribes. The limited registration entitles the applicant to practice
podiatry in the hospital or other institution designated on his or her
certificate of limited registration, or outside that hospital or other
institution for the treatment, under the supervision of one of its medical
officers who is a duly licensed physician and/or podiatrist or persons accepted
by it as patients, or in any hospital, institution, clinic, or program
affiliated for training purposes with the hospital, institution, or clinic
designated on the certificate, which affiliation is approved by the division of
professional regulation and the Council of Podiatric Medical Education of the
American Podiatric Medical Association and in any case under regulations
established by such hospital, institution, or clinic. Provided, that each
hospital, institution, or clinic shall annually submit to the division of
professional regulation a list of affiliated hospitals, institutions, clinics,
or programs providing training programs which comply with the terms of this
section. Limited registration under this section may be revoked at any time by
the division.
(b) The division of
professional regulation of the department of health may promulgate any rules
and regulations that it deems necessary to effect the provisions of this
chapter.
5-29-14. Limited registration Academic faculty. Notwithstanding any other provisions
of this chapter, a podiatrist of noteworthy and recognized professional attainment
who is a clearly outstanding podiatrist and who has been offered by the dean of
a medical school or podiatry school in this state a full-time academic
appointment, is eligible for a limited registration while serving on the
academic staff of the medical school or podiatry school. Upon recommendation of
the dean of an accredited school of medicine, podiatry in this state, the board
in its discretion, after being satisfied that the applicant is a graduate of a
foreign podiatry school and a person of professional rank whose knowledge and
special training will benefit that medical school, podiatry school may issue to
that podiatrist a limited registration to engage in the practice of podiatry to
the extent that the practice is incidental to a necessary part of his or her
academic appointment and then only in the hospital or hospitals and out-patient
clinics connected with the medical school or podiatry school. Except to the
extent authorized by this section, the registrant shall not engage in the practice
of podiatry or receive compensation for that practice, unless he or she is
issued a license to practice podiatry. The registration is valid for a period
of not more than one year expiring on the 30th day of June following its
initial effective date but may be renewed annually; provided, that such
registration automatically expires when the holder's relationship with the
medical school or podiatry school is terminated. The application fee for the
registration authorized under this section is four hundred thirty-seven
dollars and fifty cents ($437.50) five hundred and seventy dollars
($570.00). The application fee for biennial renewal, as promulgated by the
director, shall be not less than two hundred fifteen dollars ($215) two
hundred and eighty dollars ($280.00) nor more than three hundred
seventy-five dollars ($375) four hundred dollars ($400.00).
SECTION 4. Sections 5-30-7, 5-30-8 and 5-30-12 of the
General Laws in Chapter 5-30 entitled Chiropractors are hereby amended to
read as follows:
5-30-7. Certification
of chiropractic physicians authorized to practice in other states. The division of professional
regulation of the department of health may, at its discretion, dispense with
the examination of any chiropractic physician authorized to practice
chiropractic medicine in any other state, and who has been practicing his or
her profession in that state for at least five (5) years and desires to reside
permanently and practice his or her profession in this state, provided the laws
of that state require qualifications of a grade equal to those required in
Rhode Island, and provided that equal rights are accorded by that state to
chiropractic physicians of Rhode Island. The chiropractic physician shall make
an application to the division for exemption from examination and the division
may in its discretion exempt him or her. If the division exempts him or her, he
or she shall pay a fee of sixty-two dollars and fifty cents ($62.50) ninety
dollars ($90.00) for a certificate of exemption from that examination, and
upon receipt of that fee, the division shall recommend him or her to the
director of the department of health to receive a certificate of qualification
to practice chiropractic medicine.
5-30-8. Certification to practice physiotherapy. (a) Every person desiring to
practice physiotherapy in addition to chiropractic medicine and who completed a
course of four (4) years, of eight (8) months each, in some school of
chiropractic medicine approved by the division of professional regulation of
the department of health, completed a course of three (3) years, of nine (9)
months each, at some school of chiropractic medicine approved by the division
and an additional year, of at least six (6) months, in physiotherapy and all
branches of that field, at that school, or has served as an intern for six (6)
months in any year at an institution approved by the division, and satisfies
the division that he or she is qualified, may take an examination before the
state board of chiropractic examiners to determine his or her qualification to
practice physiotherapy in addition to chiropractic medicine.
(b) Every applicant for that
examination shall pay a fee of forty-three dollars and seventy-five cents
($43.75) sixty dollars ($60.00) for the examination to the division
of professional regulation of the department of health, provided that if the
examination is taken at the same time as the examination to determine the
applicant's fitness to practice chiropractic medicine, but one fee of sixty-two
dollars and fifty cents ($62.50) ninety dollars ($90.00) is charged.
Every candidate who passes that examination shall be recommended by the
division of professional regulation of the department of health to the director
of the department of health to receive a certificate of qualification to
practice physiotherapy.
5-30-12. Annual registration Payment of fees. Annually, during the month of
October in each year, every person granted a certificate to practice
chiropractic medicine shall register his or her name, address, and place of
business with the division of professional regulation of the department of
health. The division shall keep a book for that purpose, and each person
registering shall pay a fee of one hundred twenty-five dollars ($125) one hundred and seventy dollars ($170.00)
and shall receive a certificate of registration for the next succeeding fiscal
year, unless the certificate of practice has been suspended or revoked for
cause, as provided in § 5-30-13. All fees for examination, for certificate of
exemption from examination, and for annual registration shall be deposited as
general revenues.
SECTION 5. Sections 5-31.1-6,
5-31.1-21, 5-31.1-22 and 5-31.1-23 of the General Laws in Chapter 5-31.1
entitled Dentists and Dental Hygienists are hereby amended to read as
follows:
5-31.1-6. License to practice Qualifications of applicants Fee
Reexamination. (a)
Authority to practice dentistry or dental hygiene under this chapter is by a
license, issued by the director of the department of health, to any reputable
dentist or dental hygienist who intends to practice dentistry or dental hygiene
in this state, and who meets the requirements for licensure prescribed in this
chapter and regulations established by the board or the director.
(b) Applicants for licensure
as dentists shall:
(1) Present satisfactory
evidence of graduation from a school of dentistry accredited by the American
Dental Association Commission on Dental Accreditation or its designated agency
and approved by the board;
(2) Meet any other requirements
that the board or director by regulation establishes; and
(3) Pass in a satisfactory
manner any examinations that the board requires.
(c) Applicants for licensure
as dental hygienists shall:
(1) Present satisfactory
evidence of graduation from a school for dental hygiene accredited by the
American Dental Association Commission on Dental Auxiliary Accreditation or its
designated agency and approved by the board;
(2) Meet any other
requirements that the board or director by regulation establishes; and
(3) Pass in a satisfactory
manner any examination that the board requires.
(d) Any dentist applying for
licensure shall pay an application fee of four hundred thirty-seven dollars
and fifty cents ($437.50) five hundred and seventy dollars ($570.00)
and any dental hygienist applying for licensure shall pay an application fee of
ninety-three dollars and seventy-five cents ($93.75) one hundred and
thirty dollars ($130.00). Application fees shall in no case be returned.
Applicants requiring reexamination for dentistry shall submit a fee of four
hundred thirty-seven dollars and fifty cents ($437.50) five hundred and
seventy dollars ($570.00) for each reexamination. Applicants requiring
reexamination for dental hygiene shall submit a fee of ninety-three dollars
and seventy-five cents ($93.75) one hundred and thirty dollars ($130.00)
for each reexamination.
5-31.1-21. Biennial registration. (a)
Effective beginning in the calendar year 2006, on or before the first day of May
in each even-numbered year the board shall mail an application for biennial
registration to every person to whom a license to practice dentistry or dental
hygiene in this state has been granted by the constituted licensing authority
in the state. Every licensed person who intends to engage in the practice of
his or her profession during the ensuing two (2) years shall register his or
her license by filing with the board that application executed together with
any registration form and fee that is established by regulation by the director
on or before the first day of June in each even-numbered year. Upon receipt of
that application and fee, the board shall issue a registration certificate
effective July 1 and expiring two (2) years following June 30, and that
registration certificate shall render its holder a registered practitioner of
dentistry or dental hygiene for that registration period.
(b) The registration
certificate of all dentists and dental hygienists whose renewals accompanied by
the prescribed fee are not filed on or before the first day of July
automatically expire. The board may in its discretion and upon the payment by
the dentist or dental hygienist of the current registration fee plus an
additional fee of sixty-two dollars and fifty cents ($62.50) ninety
dollars ($90.00) reinstate any certificate expired under the provisions of
this section. All unexpended monies in the account of the board of dentistry
are transferred to the new board of dentistry as created by this section as of
June 2, 1988.
(c) Dentists and dental
hygienists not intending to practice in this state may request on a biennial
basis to be placed on inactive status. Those requests must be made, in writing,
to the dental administrator and must be accompanied by a fee of one hundred
twenty-five dollars ($125) one hundred and seventy dollars ($170.00)
for dentists and sixty-two dollars and fifty cents ($62.50) ninety
dollars ($90.00) for dental hygienists. Persons on inactive status may be
reinstated by paying the current annual registration fee and must meet any
requirements established by this chapter and as are further prescribed by the
rules and regulations.
5-31.1-22. Limited registrations. An
applicant for limited registration under this chapter who furnishes the board
with satisfactory proof that the applicant is eighteen (18) years of age or
older and of good moral character, that the applicant has graduated from a
dental school accredited by the American Dental Association Commission on
Dental Accreditation or its designated agency and approved by the board, and
that the applicant has been appointed an intern, resident, fellow, or dental
officer in a hospital or other institution maintained by the state, or by a
city or town, or in a hospital or clinic which is incorporated under the laws
of this state or in a clinic which is affiliated with a hospital licensed by
the department of health, or in an out-patient clinic operated by the state,
may, upon the payment of thirty-one dollars and twenty-five cents ($31.25) fifty
dollars ($50.00), be registered by the board as a hospital dental officer
for any time that the board prescribes; but that limited registration entitles
the applicant to practice dentistry in the hospital or other institution
designated on his or her certificate of limited registration, or outside that
hospital or other institution for the treatment, under the supervision of one
of its dental officers who is a licensed dentist, in the state of persons
accepted by it as patients, or in any hospital, institution, clinic, or program
affiliated for training purposes with the hospital, institution, or clinic
designated on this certificate, which affiliation is approved by the board, and
in any case under regulations established by that hospital, institution, or
clinic. Each hospital, institution, or clinic shall annually submit to the
board a list of training programs which comply with the terms of this section.
Limited registration under this section may be revoked at any time by the
board. The board and/or the director may promulgate any rules and regulations
that it deems necessary to carry out the provisions of this section.
5-31.1-23. Limited registration Academic faculty Fees. (a) Notwithstanding any other
provisions of this chapter, a dentist of noteworthy and recognized professional
attainment, who is a clearly outstanding dentist and who has been offered by
the dean of a medical school, dental school, or school of dental hygiene in
this state a full-time academic appointment, is eligible for a limited
registration while serving on the academic staff of the medical school, dental
school, or school of dental hygiene. Upon recommendation of the dean of an
accredited school of medicine, dentistry, or school of dental hygiene in this
state, the board in its discretion, after being satisfied that the applicant is
a graduate of a foreign dental school and a person of professional rank whose
knowledge and special training will benefit that medical school, dental school,
or school of dental hygiene may issue to that dentist a limited registration to
engage in the practice of dentistry to the extent that the practice is
incidental to a necessary part of his or her academic appointment and then only
in the hospital or hospitals and out-patient clinics connected with the medical
school, dental school, or school of dental hygiene.
(b) Except to the extent
authorized by this section, the registrant shall not engage in the practice of
dentistry or receive compensation for it, unless he or she is issued a license
to practice dentistry in accordance with the provisions of this chapter. The
registration is valid for a period of not more than one year expiring on the
30th day of June following its initial effective date but may be renewed
annually. The registration shall automatically expire when the holder's
relationship with the medical school, dental school, or school of dental
hygiene is terminated.
(c) The application fee for
the registration authorized under this section is four hundred thirty-seven
dollars and fifty cents ($437.50) five hundred and seventy dollars
($570.00). The application fee for initial annual renewal is one hundred
twenty-five dollars ($125) one hundred and seventy dollars ($170.00).
Subsequently, fees are as promulgated by the director.
SECTION 6. Sections
5-33.2-12, 5-33.2-13.1, 5-33.2-15, and 5-33.2-16 of the General Laws in Chapter
5-33.2 entitled Funeral Director/Embalmer Funeral Service Establishments are
hereby amended to read as follows:
5-33.2-12. Funeral establishment and branch offices licenses. (a) No person, association,
partnership, corporation, limited liability company or otherwise, shall
conduct, maintain, manage, or operate a funeral establishment or branch office
unless a license for each funeral establishment and branch office has been
issued by the department and is conspicuously displayed. In the case of funeral
services conducted under the license of a funeral establishment held in any
private residence, public building or church, no separate establishment license
shall be required. A licensed funeral establishment must be distinct and
separate from other non- funeral service related activity for which it is
licensed. No license to operate a funeral establishment shall be issued by the
department unless the applicant for the funeral establishment license has
registered with the department a licensed funeral director/embalmer who shall
be in charge as the funeral director of record. The branch office of a funeral
establishment must have a separate branch office establishment license but not
a separate funeral director of record. One branch office shall be allowed to
operate under the funeral establishment license, and this one branch office may
be permitted to operate without a preparation room. Applications for the funeral
establishment license and branch office shall be made on forms furnished by the
division accompanied by the application fee of fifty dollars ($50.00) seventy
dollars ($70.00) for the funeral establishment and fifty dollars
($50.00) seventy dollars ($70.00) for each branch office. Upon
receipt of a completed application and the recommendation of the board, the
division shall issue a license. All funeral establishment and branch office
licenses shall expire on the thirty-first day of December of each year, unless
sooner suspended or revoked. A license shall be issued to a specific licensee
for a specific location and is not transferable. The funeral establishment
licensee shall notify the division, in writing, delivered in person or by
certified mail, within ten (10) days from the date of termination of
employment, for any cause, of the funeral director/embalmer of record with the
division for the funeral establishment. The license of the funeral
establishment shall expire forty-five (45) days from the date the division was
notified by the licensee, if no new funeral director/embalmer is registered
with the division. No funeral services shall be conducted at the funeral
establishment without a funeral director/embalmer being registered with the
division as the funeral director of record for that funeral establishment. Two
(2) licensed funeral directors may operate jointly at one location if one of
their existing funeral establishments closes its place of business and joins an
existing licensed funeral establishment. Each firm will hold its own separate
establishment license. One cannot operate a branch office by invoking this
section. Human dead remains shall not be held more than forty-eight (48) hours
without embalming or without refrigeration for the purpose of maintaining
public health. A funeral establishment must at the minimum contain a
preparation room equipped with tile, cement, or composition floor, necessary
drainage and ventilation, and containing necessary instruments and supplies for
the preparation and embalming of dead human remains for burial, transportation,
or other disposition.
(b) Any person who inherits
any ownership interest to a funeral establishment may continue to conduct the
business of that establishment as their ownership interest would allow upon the
following:
(1) Filing with the division
a statement of change of fact concerning that inheritance.
(2) Conducting the business
of the establishment in compliance with all the requirements of this chapter.
5-33.2-13.1. Crematories License and inspection. No crematory owned or operated by or
located on property licensed as a funeral establishment or at another location
or by a cemetery shall conduct cremations without first having applied for and
obtained a license from the department. Applications for the crematory license
shall be made on forms furnished by the division accompanied by the application
fee of sixty-two dollars and fifty cents ($62.50) ninety dollars
($90.00). Upon receipt of a completed application, the department shall
issue a license. A license shall be issued to a specific licensee for a
specific location and is not transferable. The facility and licensee shall meet
all requirements as prescribed by the rules and regulations established by the
department, not inconsistent with this chapter.
5-33.2-15. Annual renewal of licenses. All licenses issued under the
provisions of this chapter must be renewed annually by their holders, who shall
pay to the division a yearly renewal fee of ninety-three dollars and seventy-five
cents ($93.75) one hundred and thirty dollars ($130.00) for the
renewal of a funeral director/embalmer's license, sixty-two dollars and
fifty cents ($62.50) ninety
dollars ($90.00) for each funeral establishment branch office license and sixty-two
dollars and fifty cents ($62.50) ninety
dollars ($90.00) for the crematory license. On or before the fifteenth day
of November in each year, the division shall mail to each licensed funeral
director/embalmer and to each licensed funeral establishment, funeral
establishment branch office and crematory an application for the renewal.
Applications, accompanied by the fee for renewal, shall be filed with the
division on or before the thirty-first day of December in each year.
Applications filed after the thirty-first of December and on or before the
fifteenth of January must be accompanied by a fee of fifty dollars ($50.00)
seventy dollars ($70.00) for funeral director/embalmers and funeral
establishments in addition to the previously established renewal fees. Any
funeral director/embalmer who acts or holds himself or herself out as a funeral
director/embalmer after his or her certificate has been lapsed shall be
punished as provided in this chapter. Any funeral establishment, funeral
establishment branch office or crematory who acts or holds itself out as a
funeral establishment after its license has lapsed shall be punished as
provided in this chapter.
5-33.2-16. Funeral director/Embalmer Internship. (a) Nothing in this chapter shall be
construed as prohibiting any person from serving as a funeral director/embalmer
intern. Before an internship begins the person desiring to become an intern
shall register with the division on any forms that it prescribes. No person
under the age of eighteen (18) years shall be permitted to register as an
intern. The division may make any rules and regulations that it deems advisable
for the supervision of interns. All persons registering as an intern shall pay
a fee of twenty-five dollars ($25.00) forty dollars ($40.00) at the
time of the registration. That intern is not permitted to advertise or hold
himself or herself out to the public as a registered funeral director/embalmer.
The term of internship shall be not less than one year; provided, that if an
intern after having served his or her internship fails to pass the examination
for a funeral director/embalmer's license or fails to embalm fifty (50) human
remains during their internship, he or she may continue their internship. The
total term of internship must be completed within five (5) years from the date
of original registration.
(b) The intern must have
assisted in embalming at least fifty (50) bodies if the period for registered
internship is to be satisfied in one year. If the internship is for more than
one year, the applicant must embalm at least twenty-five (25) bodies for each
year of their internship. Each licensed funeral establishment embalming up to
one hundred fifty (150) human remains per year shall be allowed to register one
intern at one time. Each establishment embalming more than one hundred fifty
(150) but less than three hundred (300) human remains per year shall be allowed
to register two (2) interns at one time. Each establishment embalming three
hundred (300) or more human remains per year shall be allowed to register three
(3) interns at one time.
SECTION 7. Sections 5-34-12,
5-34-16, 5-34-19, 5-34-37, and 5-34-40.3 of the General Laws in Chapter 5-34
entitled Nurses are hereby amended to read as follows:
5-34-12. Application fee for professional nurses. The applicant for a license to
practice as a professional nurse shall pay a fee of ninety-three dollars and
seventy five cents ($93.75) one hundred and thirty dollars ($130.00)
.
5-34-16. Application fee for practical nurse licensure. The applicant for licensure to
practice as a licensed practical nurse shall pay a fee of sixty-two dollars
and fifty cents ($62.50) ninety dollars ($90.00).
5-34-19. Expiration and renewal of licenses. (a) The license of every person
licensed under this chapter shall expire on the first day of March of every
other year following the date of license. On or before the first day of January
of every year, the director shall mail an application for renewal of license to
people scheduled to be licensed that year. Every person who wishes to renew his
or her license shall file with the department a duly executed renewal
application together with the renewal fee of sixty-two dollars and fifty
cents ($62.50) ninety dollars ($90.00).
(b) Upon receipt of an application
accompanied by payment of fees, the department shall grant a renewal license
effective March second and expiring two (2) years later on March first, and
that renewal license shall render the holder a legal practitioner of nursing
for the period stated on the certificate of renewal. Every person seeking
renewal of a license pursuant to this section shall provide satisfactory
evidence to the department that in the preceding two (2) years the practitioner
has completed the ten (10) required continuing education hours as established
by the department through rules and regulations. The department may extend for
only one six (6) month period these educational requirements if the department
is satisfied that the applicant has suffered hardship, which prevented meeting
the educational requirement.
(c) Any person practicing
nursing during the time his or her license has lapsed shall be considered an
illegal practitioner and is subject to the penalties provided for violation of
this chapter.
(d) A licensee whose license
has expired by failure to renew may apply for reinstatement according to the
rules established by the board. Upon satisfaction of the requirements for
reinstatement, the board shall issue a renewal of license.
5-34-37. Application fee for certified registered nurse practitioners.
The initial application fee
for licensure as a certified registered nurse practitioner shall be ninety-three
dollars and seventy-five cents ($93.75) one hundred and thirty dollars
($130.00) . The renewal fee for a certified registered nurse practitioner
shall be eighty-seven dollars and fifty cents ($87.50) one hundred
and thirty dollars ($130.00)
biennially, sixty-two dollars and fifty cents ($62.50) ninety dollars ($90.00) for registered nurse
fee plus twenty-five dollars ($25.00) forty dollars ($40.00) for
the certified registered nurse practitioner. The fee for application for
prescriptive privileges shall be thirty-one dollars and twenty-five cents
($31.25) fifty dollars ($50.00).
5-34-40.3. Application fee for psychiatric and mental health clinical
nurse specialists. The initial application fee for
licensure as a psychiatric and mental health clinical nurse specialist shall be
ninety-three dollars and seventy-five cents ($93.75) one hundred and
thirty dollars ($130.00). The renewal fee for a psychiatric and mental
health clinical nurse specialist shall be eighty-seven dollars and fifty
cents ($87.50) one hundred and
thirty dollars ($130.00) biennially; sixty-two dollars and fifty cents
($62.50) ninety dollars ($90.00)
for the registered nurse fee plus twenty-five dollars ($25.00) ) forty
dollars ($40.00) for the psychiatric and mental health clinical nurse
specialist. The fee for application for prescriptive privileges shall be thirty-one
dollars and twenty-five cents ($31.25 fifty dollars ($50.00).
SECTION 8. Section 5-34.2-4 of the General Laws in
Chapter 5-34.2 entitled Nurse Anesthetists is hereby amended to read as
follows:
5-34.2-4. Duties of board. (a)
Applications. Applicants for licensure shall submit appropriate
certification credentials, as described in § 5-34.2-3, plus an application fee
(not refundable) made payable to the general treasurer, state of Rhode Island,
for ninety-three dollars and seventy-five cents ($93.75) one hundred
and thirty dollars ($130.00).
(b) Renewal.
Licensure as a nurse anesthetist shall be renewed during the same period as the
professional registered nurses license to practice in Rhode Island. Renewal fee
for a nurse anesthetists license shall be ninety-three dollars and
seventy-five cents ($93.75) one
hundred and thirty dollars ($130.00), sixty-two dollars and fifty cents
($62.50) ninety dollars ($90.00).
of this shall be for the professional registered nurses license and twenty-five
dollars ($25.00) forty dollars ($40.00) of this shall be for the
nurse anesthetists license.
(c) Revocations, suspension
or refusal to renew licensure. The board may revoke, suspend or
refuse to renew the licensure of any nurse anesthetist, if the board finds that
the person fails to meet the requirements for practice as a nurse anesthetist
specified in either this chapter or board regulation.
(d) Announcement of practice. No
person may practice or advertise as a nurse anesthetist or use other words,
letters, signs, figures or devices to indicate that the person is a certified
registered nurse anesthetist, CRNA, until the person has first been licensed by
the board.
SECTION 9. Sections 5-35-9,
5-35-11, 5-35-13, 5-35-15, and 5-35-25 of General Laws in Chapter 5-35 entitled
Optometrists are hereby amended to read as follows:
5-35-9. Fee for examination and license. Every applicant shall pay to the
division of professional regulation a fee of fifty dollars ($50.00) seventy
dollars ($70.00) which shall accompany his or her application for
examination including a certificate of license.
5-35-11. Conduct of examinations in optometry. The division of professional
regulation shall hold at least two (2) examinations each year. In case of
failure in any one subject of the examination, the applicant, after the
expiration of six (6) months and within two (2) years, may take an examination
in that subject upon payment to the division of an additional fee of fifty
dollars ($50.00) seventy dollars ($70.00) for each examination. The
results of the examination are to be made known to the applicant within sixty
(60) days of the date of those examinations.
5-35-13. Registration of optometrists from other states. Any person who presents evidence to
the division of professional regulation that he or she is entitled to practice
optometry in another state where requirements for registration are, in the
opinion of the division, equivalent to those of this state, may be registered
and given a certificate of license in this state without examination upon
payment to the division of a fee of sixty-two dollars and fifty cents
($62.50) ninety dollars ($90.00)
; provided, that the other state accords a similar privilege to holders of
certificates of license issued in this state and the applicant has not
previously failed to pass the examinations required in this state.
5-35-15. Renewal of license to practice optometry. Every licensed optometrist who
desires to continue the practice of optometry shall present satisfactory evidence
to the board of examiners for optometry and approved by rule or regulation by
the board of examiners for optometry that the practitioner has completed a
prescribed course of continuing optometric education or related health fields;
and annually, in the month of January, shall pay to the division of
professional regulation a renewal fee of one hundred twenty-five dollars
($125) one hundred and seventy dollars ($170.00) for which he or she
shall receive a renewal of his or her certificate of license for one year. In
case of neglect or refusal to pay, the division shall revoke or suspend that
certificate; provided, that no certificate of license shall be suspended or
revoked without first giving sixty (60) days' notice in each case of neglect or
refusal, and within that period, any optometrist has the right to receive a
renewal of that certificate on payment of the renewal fee, together with an
added penalty of fifty dollars ($50.00) seventy ($70.00) . Retirement from
practice in this state for a period not exceeding five (5) years shall not
deprive the holder of a certificate of license of the right to renew a
certificate upon the payment of all annual renewal fees remaining unpaid, and a
further fee of fifty dollars ($50.00) seventy ($70.00) as an added penalty. Any person holding a
certificate issued by the director of public health prior to May 2, 1936,
authorizing that person to practice optometry in this state, shall be entitled,
upon application to the division of professional regulation and the payment of
the previously prescribed renewal fee, to receive a certificate of license
authorizing him or her to practice optometry in this state.
5-35-25. Opticians' biennial license fee. Every registered optician shall,
biennially, at any time that is prescribed by the division of professional
regulation, pay to the division a license fee of sixty-two dollars and fifty
cents ($62.50) ninety dollars ($90.00) in default of which the
division may revoke an individual's certificate and his or her authority to conduct
the business of an optician.
SECTION 10. Sections 5-37-2,
5-37-10, 5-37-16 and 5-37-16.1 of the General Laws in Chapter 5-37 entitled Board of Medical Licensure and
Discipline are hereby amended to read as follows:
5-37-2. License to practice Qualifications of applicants Fee
Reexamination. (a)
Authority to practice allopathic or osteopathic medicine under this chapter
shall be by a license issued by the director of the department of health to any
reputable physician who intends to practice allopathic or osteopathic medicine
in this state, and who meets the requirements for licensure established in this
chapter and regulations established by the board or by the director. Applicants
for licensure shall present satisfactory evidence of graduation from a medical
school or school of osteopathic medicine approved by the board and in good
standing, shall meet post graduate training requirements and any other
requirements that the board or director establishes by regulation, and shall
pass in a satisfactory manner any examination that the board may require. Any
physician applying for licensure shall pay an application fee of four
hundred thirty-seven dollars and fifty cents ($437.50) five hundred and
seventy dollars ($570.00) and that fee shall in no case be returned.
Applicants requiring reexamination shall submit a fee of four hundred thirty-seven dollars and
fifty cents ($437.50) five hundred and seventy dollars ($570.00) for
each reexamination.
(2) A license to practice
allopathic medicine shall be issued to persons who have graduated from a school
of medicine, possess a degree of doctor of medicine (or meet the requirements
of subsection (b) of this section), and meet the requirements for licensure.
(3) A license to practice
osteopathic medicine shall be issued to persons who have graduated from a
school of osteopathic medicine and possess a degree of doctor of osteopathy and
otherwise meet the requirements for licensure. A license to practice
osteopathic medicine shall confer upon the holder the right to practice
osteopathic medicine in all its branches as taught and practiced in accredited
colleges of osteopathic medicine. The holder of that license shall be subject
to the same duties and liabilities and entitled to the same rights and privileges,
which may be imposed by law or governmental regulation, upon physicians of any
school of medicine.
(b) Qualification of Certain
Other Applicants for License. Notwithstanding any other provisions
of this section an individual, who at the time of his or her enrollment in a
medical school outside the United States is a citizen of the United States,
shall be eligible to apply for a certificate pursuant to this section if he or
she has satisfied the following requirements:
(i) Has studied medicine in a
medical school located outside the United States, which is recognized by the
World Health Organization;
(ii) Has completed all of the
formal requirements of the foreign medical school except internship and/or
social service;
(iii) Has attained a score
satisfactory to a medical school approved by the liaison committee on medical
education on a qualifying examination acceptable to the state board for
medicine, and has satisfactorily completed one academic year of supervised
clinical training under the direction of any United States medical school;
(iv) Has completed the
post-graduate hospital training required by the board of applicants for
licensure; and
(v) Has passed the
examination required by the board of all applicants for licensure.
(2) Satisfaction of the
requirements of subdivision (1) of this subsection is in lieu of the completion
of any foreign internship and/or social service requirements, and no such
requirements are a condition of licensure as a physician in this state.
(3) Satisfaction of the
requirements of subdivision (1) of this subsection is in lieu of certification
by the educational council for foreign medical graduates, and this
certification is not a condition of licensure as a physician in this state.
(4) No hospital licensed by
this state, or operated by the state or a political subdivision of the state,
or which receives state financial assistance, directly or indirectly, requires
an individual, who at the time of his or her enrollment in a medical school
outside the United States is a citizen of the United States, to satisfy any
requirements other than those contained in paragraphs (1)(i),(ii), and (iii) of
this subsection prior to commencing an internship or residency.
(5) A document granted by a
medical school located outside the United States which is recognized by the
World Health Organization issued after the completion of all the formal
requirements of that foreign medical school except internship and/or social
service, upon certification by the medical school in which this training was
received of satisfactory completion by the person to whom this document was
issued of the requirements in paragraph (1)(iii) of this subsection, shall be
deemed the equivalent of a degree of doctor of medicine for purposes of
licensure and practice as a physician in this state.
(6) No funds appropriated by
the general assembly to any school or college of medicine shall be disbursed
until the director of the department of health has certified that this school
or college has established, and will maintain until December 31, 1989, a
clinical training program as contemplated by paragraph (1)(iii) of this
subsection, to accommodate residents of this state deemed qualified by that school
or college of medicine consistent with that school's or college's educational
resources.
5-37-10. Annual registration Physicians Hospitals. (a) Effective beginning in calendar
year 2004, on or before the first day of March in each year, the board shall
mail an application for biannual registration to every person to whom a license
to practice medicine in this state has been granted by the licensing authority
in the state. Every licensed person who intends to engage in the practice of
his or her profession during the ensuing two (2) year period shall register his
or her license by submitting to the board, on or before June 1, the
application, executed together with the registration form, and fee as
established by regulation by the director of the department of health. Upon
receipt of the application and fee the board shall issue a registration
certificate effective July 1 and expiring two (2) years following on June 30.
The registration certificate renders the holder a registered practitioner of medicine
for that registration period. Effective beginning in calendar year 2004, any
references in this chapter to annual registration or annual limited
registration shall be interpreted to mean biannual registration and biannual
limited registration, respectively.
(b) The registration
certificate of all physicians whose renewals accompanied by the prescribed fee
are not completed and filed on or before the first day of July shall
automatically lapse. The board may, in its discretion and upon the payment by the
physician of the current registration fee plus an additional fee of one
hundred and thirty dollars
($100) ($130.00), reinstate any certificate lapsed under the
provisions of this section.
(c) Hospitals shall, on or before
the first day of December of each year, submit an application and annual fee to
the board as a condition of rendering hospital services in the state. The form
of application and fee shall be as the director, by regulation, establishes;
provided, that the ratio of payment between hospital per bed licensing fees and
the combined licensing and board of medical licensure and discipline fees paid
by physicians remain the same as the ratio that existed as of January 1, 1987.
All fees collected pursuant to this section shall be deposited as general
revenues.
5-37-16 Limited
registrations. (a) An applicant for limited
registration under this chapter who furnishes the board with satisfactory proof
that the applicant is eighteen (18) years of age or older and of good moral
character, that the applicant has graduated from a legally chartered medical
school or school of osteopathic medicine having power to grant degrees in
allopathic or osteopathic medicine, and that the applicant has been appointed
an intern, resident, fellow or medical officer in a hospital or other
institution maintained by the state, or by a city or town, or in a hospital or
clinic which is incorporated under the laws of this state, or in a clinic which
is affiliated with a hospital licensed by the department of health, or in an
out-patient clinic operated by the state, may, upon the payment of twenty-five
dollars ($25.00) forty ($40.00), be registered by the board as a
hospital medical officer for any time that the board may prescribe. This
limited registration shall entitle the applicant to practice medicine in the
hospital or other institution designated on his or her certificate of limited
registration, or outside this hospital or other institution for the treatment,
under the supervision of one of its medical officers who is a licensed
physician, of persons accepted by it as patients, or in any hospital,
institution, clinic, or program affiliated for training purposes with the
hospital, institution, or clinic designated on this certificate, which
affiliation is approved by the board, and in any case under regulations
established by the hospital, institution, or clinic; provided, that each
hospital, institution, or clinic annually submits to the board a list of
affiliated hospitals, institutions, clinics, or programs providing training
programs which comply with the terms of this section. Limited registration
under this section may be revoked at any time by the board.
(b) The director may
promulgate any rules and regulations that he or she deems necessary to carry
out the provisions of this chapter.
5-37-16.1 Limited
registration Academic faculty.
Notwithstanding any other
provisions of this chapter, a physician of noteworthy and recognized
professional attainment who is a clearly outstanding physician and who has been
offered by the dean of a medical school in this state a full-time academic
appointment, shall be eligible for a limited registration while serving on the
academic staff of the medical school. Upon recommendation of the dean of an
accredited school of medicine in this state, the board in its discretion, after
being satisfied that the applicant is a graduate of a foreign medical school
and a person of professional rank whose knowledge and special training will
benefit the medical school in this state, may issue to this physician a limited
registration to engage in the practice of medicine to the extent that this
practice is incidental to a necessary part of his or her academic appointment
and then only in the hospital or hospitals and out-patient clinics connected
with the medical school. Except to the extent authorized by this section, the
registrant shall not engage in the practice of medicine or receive compensation
for his or her limited registration work, unless he or she is issued a license
to practice medicine in accordance with the provisions of § 5-37-2. The
registration shall be valid for a period of not more than one year expiring on
the 30th day of June following its initial effective date but may be renewed
annually; provided, that the registration automatically expires when the
holder's relationship with the medical school is terminated. The application
fee for the initial registration authorized under this section shall be three
hundred and fifty dollars ($350) four
hundred and sixty dollars ($460.00); the initial application fee for annual
renewal shall be one hundred and thirty dollars ($100) ($130.00); thereafter the fees shall be
as promulgated by regulation of the director.
SECTION 11. Sections
5-37.2-10 and 5-37.2-14 of General Laws entitled The Healing Art of
Acupuncture are hereby amended to read as follows:
5-37.2-10 Application
for licenses Fees. An applicant for examination for a
license to practice acupuncture or any branch of acupuncture, shall:
(1) Submit an application to
the department on forms provided by the department;
(2) Submit satisfactory
evidence that he or she is twenty-one (21) years or older and meets the
appropriate education requirements;
(3) Pay a fee of one
hundred twenty-five dollars ($125) one hundred and seventy dollars
($170); and
(4) Pay any fees required by
the department for an investigation of the applicant or for the services of a
translator, if required, to enable the applicant to take the examination.
5-37.2-14 Recordation
and display of licenses Annual registration fee Penalties for failure to
pay fee. (a) Every person holding a license
authorizing him or her to practice acupuncture or to serve as an acupuncture
assistant in this state shall record his or her license with the city or town
hall in the city or town where his or her office and residence are located.
Every licensee upon a change of residence or office shall have his or her
certificate recorded in the same manner in the municipality to which he or she
has changed.
(b) Every license shall be
displayed in the office, place of business, or place of employment of the
license holder.
(c) Every person
holding a license shall pay to the department on or before February 1 of each
year, the annual registration fee required pursuant to subsection (e) of this
section. If the holder of a license fails to pay the registration fee his or
her license shall be suspended. The license may be reinstated by payment of the
required fee within ninety (90) days after February 1.
(d) A license which is
suspended for more than three (3) months under the provisions of subsection (c)
of this section may be canceled by the board after thirty (30) days notice to
the holder of the license.
(e) The annual registration
fees shall be prescribed by the department and shall not exceed the following
amounts:
(1) Doctor of acupuncture:
six hundred twenty-five dollars ($625).
(2) Licensed acupuncture
assistant: three hundred twelve dollars and fifty cents ($312.50).
SECTION 12. Section 5-39.1-9
of the General Laws in Chapter 5-39.1 entitled License Procedure for Social
Workers is hereby amended to read as follows:
5-39.1-9 Fees and renewal. The initial fee for application for
licensure is one hundred twenty-five dollars ($125) one hundred and
seventy dollars ($170.00). Licenses shall be renewed every twenty-four (24)
months after initial licensure upon payment of a fee of one hundred twenty-five dollars ($125) one
hundred and seventy dollars ($170.00)
and in compliance with any additional requirements that the board
promulgates.
SECTION 13. Sections 5-40-8,
5-40-8.1, and 5-40-10 of the General Laws in Chapter 5-40 entitled Physical
Therapists are hereby amended to read as follows:
5-40-8 Application fee for physical therapists. When an application is submitted to
the division of professional regulation for a license to practice physical
therapy in Rhode Island pursuant to this chapter, either by endorsement or by
examination, the applicant shall pay a fee of one hundred twenty-five
dollars ($125) one hundred and
seventy dollars ($170.00) to the state department of health.
5-40-8.1 Application
fee for physical therapist assistants.
When an application is
submitted to the department for a license to practice physical therapy in Rhode
Island pursuant to this chapter, either by endorsement or by examination, the
applicant shall pay a fee of ninety-three dollars and seventy-five cents
($93.75) one hundred and thirty dollars ($130.00) to the general
treasurer of the state of Rhode Island.
5-40-10 Expiration
and renewal of licenses. (a) The certificate of every person
licensed under the provisions of this chapter shall expire on the first day of
May of the next even year following the date of original licensure. On or
before the first day of March of each year, the administrator of the division
of professional regulation shall mail an application for renewal of license to
every person to whom a license has been issued or renewed during the current
licensure period. Every licensed person who desires to renew his or her license
shall file with the division of professional regulation a renewal application
executed together with a renewal fee of sixty-two dollars and fifty cents
($62.50) ninety dollars ($90.00) for physical therapists and fifty
dollars ($50.00) seventy dollars ($70.00) for physical therapist
assistants on or before the thirty-first day of March of each even year.
(b) Upon receipt of the
renewal application, and payment of the renewal fee, the accuracy of the
application shall be verified and the administrator of professional regulation
shall grant a renewal license effective the second day of May, and expiring on
the first day of May of the next even year.
(c) Any person who allows his
or her license to lapse by failing to renew it on or before the thirty-first
day of March of the next even year, as provided in this section, may be
reinstated by the administrator of professional regulation on payment of the
current renewal fee plus an additional fee of twenty-five dollars ($25.00)
forty dollars ($40.00). (d) Any person using the title
"physical therapist" or "physical therapist assistant"
during the time that his or her license has lapsed is subject to the penalties
provided for violations in this chapter.
SECTION 14. Sections
5-40.1-12 and 5-40.1-13 of the General Laws in Chapter 5-40.1 entitled
Occupational Therapy are hereby amended to read as follows:
5-40.1-12 Renewal
of licenses Inactive status.
(a) Upon the recommendation
of the board, the director shall issue to applicants who have satisfactorily
met the licensure requirements of this chapter, a license to practice
occupational therapy in this state. The license, unless sooner suspended or
revoked, shall expire on the thirty-first (31st) day of March, of each even
year (biennially).
(1) On or before the first
(1st) day of March of each even year, the administrator of the division shall
mail an application for renewal of license to every individual to whom a
license has been issued or renewed during the current licensure period.
(2) Every licensed individual
who desires to renew his or her license shall file with the division a renewal
application executed together with the evidence of continuing education
requirements as delineated in subdivision (3) of this subsection and the
renewal fee of sixty-two dollars and fifty cents ($62.50) ninety
dollars ($90.00) made payable by check to the general treasurer, state of Rhode
Island, on or before the thirty-first (31st) day of March of each even year.
(3) On application for
renewal of license, occupational therapists and occupational therapy assistants
must show proof of participation in twenty (20) hours biennially in presentations,
clinical instruction, publications, research, inservice programs, American
Occupational Therapy Association-recognized conferences, university course,
and/or self-study courses.
(4) Upon receipt of a renewal
application and payment of fee, the director shall, upon the recommendation of
the board, grant a renewal license effective the thirty-first (31st) day of
March for a period of two (2) years, unless sooner suspended or revoked.
(5) Any individual who allows
his or her license to lapse by failing to renew it on or before the
thirty-first (31st) day of March of the next even year as provided in
subdivisions (1), (2) and (3) of this subsection, may be reinstated by the
director upon receiving a receipt from the division for payment of the current
renewal fee plus an additional twenty-five dollars ($25.00) forty
dollars ($40.00) made payable by check to the general treasurer, state of
Rhode Island.
(6) An individual using the
title "occupational therapist" or "occupational therapy
assistant" during the time his or her license has lapsed is subject to the
penalties provided for violation of those regulations and this chapter.
(b) An individual licensed as
an occupational therapist or occupational therapy assistant in this state who
does not intend to engage in the practice of occupational therapy within this
state during any year, may upon request to the division, have his or her name
transferred to an inactive status and shall not be required to register biennially
or pay any fee as long as he or she remains inactive. Any individual whose name
has been transferred to an inactive status pursuant to this section, may be
restored to active status to practice occupational therapy without a penalty
fee, upon the filing of an application for licensure renewal, the licensure
renewal fee of sixty-two dollars and fifty cents ($62.50) ninety
dollars ($90.00) made payable by
check to the general treasurer of the state of Rhode Island, and any other
information that may be requested by the division.
5-40.1-13 Fees. When
an application is submitted to the division of professional regulation for a
license to practice occupational therapy in Rhode Island, the applicant shall
pay a non-refundable fee of sixty-two dollars and fifty cents ($62.50) ninety
dollars ($90.00) to the general treasurer. A licensee shall submit a
biennial renewal fee of sixty-two dollars and fifty cents ($62.50) ninety
dollars ($90.00) with a renewal application on or before the thirty-first
(31st) day of March of each even year pursuant to the requirements of §
5-40.1-12(a)(2), and any person who allows his or her license to lapse by
failing to renew it in the prescribed manner shall pay an additional fee of twenty-five
dollars ($25.00) forty dollars ($40.00)as referred to in §
5-40.1-12(a)(5).
SECTION 15. Sections 5-44-12,
5-44-13, and 5-44-15 of the General Laws
in Chapter 5-44 entitled Psychologists are hereby amended to read as
follows:
5-44-12 Application
fee. The applicant applying for certification
as a psychologist shall pay a fee of one hundred eighty-seven dollars and
fifty cents ($187.50) two
hundred and fifty dollars ($250.00) to the department of health.
5-44-13 Temporary
permit. (a) Pursuant to §§ 5-44-6 and
5-44-23(e) of this chapter and rules and regulations R-5-44-PSY of the
department of health, a temporary permit to practice psychology under
supervision may be granted to a candidate for licensure who has paid the
required fee of sixty-two dollars and fifty cents ($62.50) ninety
dollars ($90.00) and has satisfied the following requirements:
(1) Filed an application for
licensure with all required supporting materials;
(2) Met all the requirements
for admission to examination, except the requisite number f hours of post-doctoral
supervised experience, in a setting and manner satisfactory to the board;
(3) Requested, in writing,
the issuance of this temporary permit for the purpose of meeting the
supervision requirement;
(4) Refrained from using the
title "psychologist" or representing himself or herself as a
psychologist other than by using the title "psychology student" or
"psychology trainee"; and
(5) Completed the requisite
number of hours of post-doctoral experience within three (3) years of the date
of the temporary permit.
(b) The temporary permit
shall expire upon notice of passing or failing the examination for licensure.
If the candidate fails the examination, the permit may be extended under
further requirements established by the board.
5-44-15 Expiration and renewal of
licenses Continuing education Lapsed license. (a)
The license of every person licensed under the provisions of this chapter shall
expire on the first day of July next following the date of his or her license.
(b) On or before the first
day of May in each year, the administrator shall mail an application for
renewal of license to every person to whom a license has been issued or renewed
during the current year.
(c) Every licensed person who
desires to renew his or her license shall file with the division a renewal
application, executed, together with a renewal fee of one hundred
twenty-five dollars ($125) one
hundred and seventy dollars ($170.00), on or before the first day of June
in each year. Upon receipt of a renewal application and payment of the renewal
fee, the accuracy of the application shall be verified and the administrator of
professional regulation shall grant a renewal license effective July 1st and
expiring the following June 30th.
(d) Every licensed
psychologist who desires to continue licensure as a licensed psychologist shall
present satisfactory evidence to the board and approved by rule or regulation
of the board that the licensed psychologist has completed a prescribed course
of continuing licensed psychological education.
(e) Any person who allows his
or her license to lapse, by failing to renew it on or before June 1st in each
year, as provided in this section, may be reinstated by the administrator of
professional regulation on payment of the current renewal fee, plus an
additional fee of twenty-five dollars ($25.00) forty dollars ($40.00).
Any person using the title "psychologist" or offering services
defined as the practice of psychology under this chapter during the time his or
her license has lapsed is subject to the penalties provided for violation of
this chapter.
SECTION 16. Section 5-45-10
of the General Laws in Chapter 5-45 entitled Nursing Home Administrators is
hereby amended to read as follows:
5-45-10 Renewal
of licenses Continuing education.
(a) Every holder of a nursing
home administrator's license shall renew it every two (2) years by applying to
the department on forms provided by that agency.
(b) Each renewal application
shall be accompanied by the fee of one hundred fifty dollars ($150) two hundred dollars ($200.00) .
(c) Beginning January 1,
1996, proof of satisfactory completion of a minimum of forty (40) clock hours
of continuing education every two (2) years must be submitted with the renewal
application.
(d) Renewals shall be granted
as a matter of course, unless the agency finds the applicant has acted or
failed to act in a manner or under circumstances that would constitute grounds
for suspension or revocation of a license.
SECTION 17. Sections 5-48-1
and 5-48-9 of the General Laws in Chapter 5-48 entitled Speech Pathology and
Audiology are hereby amended to read as follows:
5-48-1 Purpose
and legislative intent Definitions.
(a) It is declared to be a
policy of this state that the practice of speech language pathology and
audiology is a privilege granted to qualified persons and that, in order to
safeguard the public health, safety, and welfare, protect the public from being
misled by incompetent, unscrupulous, and unauthorized persons, and protect the
public from unprofessional conduct by qualified speech language pathologists
and audiologists, it is necessary to provide regulatory authority over persons
offering speech language pathology and audiology services to the public.
(b) The following words and
terms when used in this chapter have the following meaning unless otherwise
indicated within the context:
(1) "Audiologist"
means an individual licensed by the board to practice audiology.
(2) "Audiology"
means the application of principles, methods, and procedures related to hearing
and the disorders of the hearing and balance systems, to related language and
speech disorders, and to aberrant behavior related to hearing loss. A hearing
disorder in an individual is defined as altered sensitivity, acuity, function,
processing, and/or damage to the integrity of the physiological
auditory/vestibular systems.
(3) "Audiology support
personnel" means individuals who meets minimum qualifications, established
by the board, which are less than those established by this chapter as
necessary for licensing as an audiologist, who do not act independently, and
who work under the direction and supervision of an audiologist licensed under
this chapter who has been actively working in the field for twenty-four (24)
months after completion of the postgraduate professional experience and who
accepts the responsibility for the acts and performances of the audiology
assistant while working under this chapter. Audiology support personnel shall
be registered with the board within thirty (30) days of beginning work, or the
supervising audiologist will be assessed a late filing fee of fifty dollars
($50.00) seventy dollars ($70.00).
(4) "Board" means
the state board of examiners for speech language pathology and audiology.
(5) "Clinical
fellow" means the person who is practicing speech language pathology or
audiology under the supervision of a licensed speech language pathologist or
audiologist while completing the postgraduate professional experience as
required by this chapter.
(6) "Person" means
an individual, partnership, organization, or corporation, except that only
individuals can be licensed under this chapter.
(7) "Practice of
audiology" means rendering or offering to render any service in audiology,
including prevention, screening, and identification, evaluation, habilitation,
rehabilitation; participating in environmental and occupational hearing
conservation programs, and habilitation and rehabilitation programs including
hearing aid and assistive listening device evaluation, prescription,
preparation, dispensing, and/or selling and orientation; auditory training and
speech reading; conducting and interpreting tests of vestibular function and
nystagmus; conducting and interpreting electrophysiological measures of the
auditory pathway; cerumen management; evaluating sound environment and
equipment; calibrating instruments used in testing and supplementing auditory
function; and planning, directing, conducting or supervising programs that
render or offer to render any service in audiology.
(ii) The practice of
audiology may include speech and/or language screening to a pass or fail
determination, for the purpose of initial identification of individuals with
other disorders of communication.
(iii) A practice is deemed to
be the "practice of audiology" if services are offered under any
title incorporating such word as "audiology",
"audiologist", "audiometry", "audiometrist",
"audiological", "audiometrics", "hearing
therapy", "hearing therapist", "hearing clinic",
"hearing clinician", "hearing conservation", "hearing
conservationist", "hearing center", "hearing aid
audiologist", or any similar title or description of services.
(8) "Practice of speech
language pathology" means rendering or offering to render any service in
speech language pathology including prevention, identification, evaluation,
consultation, habilitation, rehabilitation; determining the need for
augmentative communication systems, dispensing and selling these systems, and
providing training in the use of these systems; and planning, directing,
conducting, or supervising programs that render or offer to render any service
in speech language pathology.
(ii) The practice of speech
language pathology may include nondiagnostic pure tone air conduction
screening, screening tympanometry, and acoustic reflex screening, limited to a
pass or fail determination, for the purpose of performing a speech and language
evaluation or for the initial identification of individuals with other
disorders of communication.
(iii) The practice of speech
language pathology also may include aural rehabilitation, which is defined as
services and procedures for facilitating adequate receptive and expressive
communication in individuals with hearing impairment.
(iv) A practice is deemed to
be the "practice of speech language pathology" if services are
offered under any title incorporating such words as "speech
pathology", "speech pathologist", "speech therapy",
"speech therapist", "speech correction", "speech
correctionist", "speech clinic", "speech clinician",
"language pathology", "language pathologist", "voice
therapy", "voice therapist", "voice pathology",
"voice pathologist", "logopedics", "logopedist",
"communicology", "communicologist",
"aphasiology", "aphasiologist", "phoniatrist", or
any similar title or description of services.
(9) "Speech language
pathologist" means an individual who is licensed by the board to practice
speech language pathology.
(10) "Speech language
pathology" means the application of principles, methods, and procedures
for prevention, identification, evaluation, consultation, habilitation,
rehabilitation, instruction, and research related to the development and
disorders of human communication. Disorders are defined to include any and all
conditions, whether of organic or non-organic origin, that impede the normal
process of human communication in individuals or groups of individuals who have
or are suspected of having these conditions, including, but not limited to,
disorders and related disorders of:
(i) Speech: articulation,
fluency, voice, (including respiration, phonation and resonance);
(ii) Language (involving the
parameters of phonology, morphology, syntax, semantics and pragmatics; and
including disorders of receptive and expressive communication in oral, written,
graphic, and manual modalities);
(iii) Oral, pharyngeal,
laryngeal, cervical esophageal, and related functions (e.g., dysphasia,
including disorders of swallowing and oral function for feeding; oro-facial
myofunctional disorders);
(iv) Cognitive aspects of
communication (including communication disability and other functional
disabilities associated with cognitive impairment); and
(v) Social aspects of
communication (including challenging behavior, ineffective social skills, lack
of communication opportunities).
(11) "Speech language
support personnel" means individuals who meet minimum qualifications
established by the board, which are less than those established by this chapter
as necessary for licensing as a speech language pathologist, who do not act
independently, and who work under the direction and supervision of a speech
language pathologist licensed under this chapter who has been actively working
in the field for twenty-four (24) months after completion of the postgraduate
professional experience and who accepts the responsibility for the acts and
performances of the speech language pathology assistant while working under
this chapter. Speech language support personnel shall be registered with the
board within thirty (30) days of beginning work, or the supervising speech
language pathologist will be assessed a late filing fee of fifty dollars
($50.00) seventy dollars ($70.00).
5-48-9 Fees
Late filing Inactive status.
(a) The board may charge an
application fee of thirty-one dollars and fifty cents ($31.50) fifty
dollars ($50.00); a biennial license renewal fee of sixty-two dollars
and fifty cents ($62.50) ninety dollars ($90.00) payable before July
1 of even years (biennially); or a provisional license renewal fee of thirty-one
dollars and fifty cents ($31.50) fifty dollars ($50.00) payable
annually from the date of issue.
(b) Any person who allows his
or her license to lapse by failing to renew it on or before the thirtieth
(30th) day of June of even years (biennially), may be reinstated by the board
on payment of the current renewal fee plus an additional late filing fee of twenty-five
dollars ($25.00 forty dollars ($40.00).
(c) An individual licensed as
a speech language pathologist and/or audiologist in this state, not in the
active practice of speech-language pathology or audiology within this state
during any year, may upon request to the board, have his or her name
transferred to an inactive status and shall not be required to register
biennially or pay any fee as long as he or she remains inactive. Inactive
status may be maintained for no longer than two (2) consecutive licensing
periods, after which period licensure shall be terminated and reapplication to
the board shall be required to resume practice.
(d) Any individual whose name
has been transferred to an inactive status may be restored to active status
within two (2) licensing periods without a penalty fee, upon the filing of:
(1) An application for
licensure renewal, with a licensure renewal fee of sixty-two dollars and
fifty cents ($62.50) ninety dollars ($90.00) made payable by check
to the general treasurer of the state of Rhode Island; and
(2) Any other information
that the board may request.
SECTION 18.
Section 23-19.3-5 of the General Laws in Chapter 23-19.3 entitled
"Sanitarians" is hereby amended to read as follows:
23-19.3-5. Application for registration -- Examination -- Issuance of
certificate. -- (a) A person who desires to be registered as a sanitarian
shall file with the division of professional regulation an application upon a
form to be prescribed and furnished by the division of professional regulation.
He or she shall include in the application, under oath, his or her
qualifications as a sanitarian. The application shall be accompanied by a
registration fee of one hundred twenty-five dollars ($125) one
hundred and seventy dollars ($170).
(b) If the division of professional regulation deems the education
qualifications of the applicant are satisfactory and if he or she passes an
examination, both written and oral, satisfactory to the division of
professional regulation, the division shall issue him or her a certificate of registration.
The certificate of registration shall expire at the end of the calendar year,
and may be renewed on or before January fifteenth of the following year. The
fee for renewal of a certificate of registration shall be thirty-seven
dollars and fifty cents ($37.50) fifty dollars ($50).
SECTION 19. Sections 5-54-9
and 5-54-11 of the General Laws in Chapter 5-54 entitled Physician Assistants
are hereby amended to read as follows:
5-54-9 Criteria
for licensure as a physician assistant.
The board shall recommend to the
director for licensure as a physician assistant an applicant who:
(1) Is of good character and
reputation;
(2) Graduated from a
physician assistant training program certified by the AMA's Committee on Allied
Health, Education, and Accreditation, its successor, the Commission on
Accreditation of Allied Health Education Programs (CAAHEP) or its successor.
(3) Passed a certifying
examination approved by the National Commission on Certification of Physician
Assistants or any other national certifying exam approved by the board.
(4) Submitted a completed
application together with the required fee of sixty-two dollars and fifty
cents ($62.50) ninety dollars
($90.00).
5-54-11 Issuance
and annual renewal of certificates of licensure. (a)
The board shall recommend to the director for registration those individuals
who meet the criteria for licensure as stated in this chapter. Upon that
recommendation, the director shall issue a certificate of licensure as a
physician assistant.
(b) The certificate of
licensure shall expire biannually on the thirtieth (30th) day of June. On or
before the first day of March in each year, the administrator shall mail an
application for a renewal certificate to every person licensed under the
provisions of this chapter, and every person who desires his or her certificate
to be renewed shall file with the division the renewal application together
with a renewal fee of one hundred twenty-five dollars ($125.00) one
hundred and seventy dollars ($170.00) on or before the first day of June in
every other year. Upon receipt of the renewal application and payment of fee,
the accuracy of the application shall be verified and the administrator shall
grant a renewal certificate effective July 1st and expiring June 30th two years
hence, unless the certificate is sooner suspended for cause as provided in §
5-54-12.
SECTION 20. Sections 5-59.1-5
and 5-59.1-12 of the General Laws in Chapter 5-59.1 entitled Rhode Island
Orthotics and Prosthetics Practice are hereby amended to read as follows:
5-59.1-5.
Application for orthotic or prosthetic license. -- Any person who desires to be
licensed as set forth in section 5-59.1-4 shall in writing submit an
application on forms provided by the department for a license accompanied by a
fee of two hundred fifty dollars ($250)
three hundred and thirty dollars ($330.00) with all other
credentials that the department requires and as required by this chapter. All
the proceeds of any fees collected pursuant to the provisions of this chapter
shall be deposited as general revenues.
5-59.1-12.
Relicensing -- Renewal. -- Every holder of a license issued
under this chapter shall biannually attest to the department as to current
certification issued by the American Board of Certification in Orthotics and
Prosthetics or the Board for Orthotists/Prosthetist Certification. All licenses
issued under this chapter shall expire biannually on the last day of September
of every odd numbered year. A biannual
biennial renewal fee of one hundred twenty-five dollars ($125)
one hundred and seventy dollars ($170.00) shall be required. Every
orthotist and prosthetist shall conform to the standards of the American board
for certification in orthotics and prosthetics or board for
orthotists/prosthetists certification.
SECTION 21. Sections 5-63.2-16, and 5-63.2-17 of the
General Laws in Chapter 5-63.2 entitled Mental Health Counselors and Marriage
and Family Therapists are hereby amended to read as follows:
5-63.2-16 Application
fee. The applicant applying for licensure
as a clinical mental health counselor or marriage and family therapist shall
pay an application fee of three hundred fifty dollars ($350) four hundred and sixty ($460.00) and
the fee shall be in no case returned. Applicants requiring reexamination shall
submit a fee of three hundred fifty dollars ($350) four hundred and
sixty ($460.00) for each
reexamination.
5-63.2-17 Expiration
and renewal of license. (a) Every clinical mental health
counselor and marriage and family therapist who desires to continue licensure
as a licensed clinical mental health counselor and licensed marriage and family
therapist shall present satisfactory evidence to the board and approved by rule
or regulation of the board that the licensed clinical mental health counselor
and licensed marriage and family therapist has completed a prescribed course of
continuing education. The license of every person licensed under the provisions
of this chapter shall expire on the first day of July of the next even year
following the date of his or her license; provided, that no license shall
expire prior to July 1, 1998. On or before the first day of May in each even
year, commencing in the year 1998, the administrator shall mail an application
for renewal of license to every person to whom a license is issued or renewed
during the current year, and every licensed person who desires to renew his or
her license files with the division the renewal application executed. This
application shall include verification of prescribed continuing education
requirements, together with two hundred fifty dollars ($250) three
hundred and thirty dollars ($330.00) on or before the first day of June in
each even year. Upon receipt of the application and payment of the fee, the
accuracy of the application shall be verified and the administrator of
professional regulation shall grant a renewal license effective July 1st and
expiring twenty-four (24) months later.
(b) Any person who allows his
or her license to lapse, by failing to renew it on or before June 1st in each
year, as provided in this section, shall be reinstated by the administrator of
professional regulation on payment of the current renewal fee plus an additional
fee of fifty dollars ($50.00) seventy dollars ($70.00); and
verification of prescribed continuing education requirements. Any person using
the title "clinical mental health counselor" and/or "marriage
and family therapist" during the time his or her license has lapsed shall
be subject to the penalties provided for violation of this chapter; provided,
that if a person has allowed his or her licensure to lapse for four (4) years
or more, he or she shall be reinstated at the discretion of the board.
SECTION 22. Sections 5-64-6
and 5-64-8 of the General Laws in Chapter 5-64 entitled The Licensed
Dietician are hereby amended to read as follows:
5-64-6 Applicant
qualifications Permit applications Fees Exemptions. (a)
When filing an application for a license the applicant must present evidence
of:
(1) Completion of a
baccalaureate or post-baccalaureate degree with a program in nutrition or
dietetics; and
(2) Completion of a board
approved, planned, continuous experience in dietetic practice of not less than
nine hundred (900) hours under the supervision of a registered dietitian or
dietitian/nutritionist licensed in the state; and
(3) Passing an examination.
(b) Each application shall be
accompanied by a fee of sixty-two dollars and fifty cents ($62.50) ninety
dollars ($90.00) .
5-64-8 Fees. Licenses
shall be valid for two (2) years and must be renewed biennially; the renewal
fee is one hundred twenty-five dollars ($125) one hundred and seventy
dollars ($170.00). Application for renewal of a certificate, which has
expired, requires the payment of a re-registration fee of one hundred
twenty-five dollars ($125) one hundred and seventy dollars ($170.00).
SECTION 23. Section 5-68-9 of
the General Laws in Chapter 5-68 entitled Board of Radiologic Technology is
hereby amended to read as follows:
5-68-9 Fees. (a) The director shall, in consultation with the board, establish
a schedule of fees for licenses and for renewal as licenses for radiologic
technologists.
(b) The initial application
fee and renewal fee shall not exceed one hundred twenty-five dollars ($125)
one hundred and seventy dollars ($170.00), and shall be prescribed in
rules and regulations.
SECTION 24. Sections 5-71-5 and 5-71-8 of the General
Laws in Chapter 5-71 entitled Interpreters for the Deaf are hereby amended to
read as follows:
5-71-5 Board of examiners Duties and
powers Meetings Compensation of members. (a) The board shall administer,
coordinate and enforce the provisions of this chapter, evaluate the
qualifications of applicants, and may issue subpoenas, examine witnesses, and
administer oaths, and investigate persons engaging in practices which violate
the provisions of this chapter.
(b) The board shall conduct
hearings and shall keep records and minutes that are necessary for the orderly
dispatch of business.
(c) The board shall hold
public hearings regarding rules and regulations.
(d) The board, with the
approval of the director of the department of health, in accordance with the
rule-making provisions of the Administrative Procedures Act, chapter 35 of
title 42, shall adopt responsible rules and regulations, and may amend or
repeal those rules and regulations. Following their adoption, the rules and
regulations shall govern and control the professional conduct of every person
who holds a license to practice interpreting or transliterating for the deaf in
the state of Rhode Island. Rules and regulations shall be kept on file within
the department of health, division of licensure and regulation, and shall be
available for public inspection.
(e) The examination
instrument used for testing shall not be available for public inspection and
may be changed as the board deems necessary.
(f) Every licensed
interpreter for the deaf, upon commencing to practice, shall immediately notify
the board of his or her address or addresses. Every licensed interpreter for
the deaf practicing as previously stated, before July first, shall annually pay
to the department of health a license fee which does not exceed thirty-seven
dollars and fifty cents ($37.50) fifty
dollars ($50.00) commencing in January, 1998. Each licensed interpreter for
the deaf shall promptly notify the board of any change in his or her office address
or addresses, and shall furnish any other information to the board that it may
require. The board may suspend the authority of any licensed interpreter for
the deaf to practice for failure to comply with any of the above requirements.
The board shall make available for public inspection, a complete list of the
names of all interpreters for the deaf licensed and practicing in the state,
arranged alphabetically by name.
(g) Regular meetings of the
board shall be held at the time and places that it prescribes and special
meetings may be held upon the call of the chairperson as necessary to deal with
such issues as violations of this chapter; provided, that at least one regular
meeting is held each calendar year.
(h) The board shall have its
first meeting on or before December 31, 1996, and shall have its rules and
regulations, and written examination adopted no later than December 31, 1997.
Licensure and examinations shall commence after January 1, 1998.
(i) The conferral or
enumeration of specific powers in this chapter shall not be construed as a
limitation of the general powers conferred by the section. No member of the
board shall be liable to civil action for any act performed in good faith in
the performance of his or her duties as prescribed by this chapter.
(j) Board members shall serve
on an honorable basis without compensation.
(k) The board may request
legal advice and assistance from the appropriate legal officer.
5-71-8. Qualifications of applicants for licenses. -- To
be eligible for licensure by the board as an interpreter or transliterator for
the deaf, the applicant must submit written evidence on forms furnished by the
department, verified by oath, that the applicant meets all of the following
requirements:
(1) Is of good moral character; and
(2) Meets the certification or screened requirements as defined in
regulations promulgated by the department.; and
(3) Pays the department a
license fee, that does not exceed fifty dollars ($50.00).
SECTION 25. Section 23-1-39
of the General Laws in Chapter 23-1 entitled Department of Health is hereby
amended to read as follows:
23-1-39 Tattooing
and/or body piercing. (a) The director shall promulgate
rules and regulations which provide minimum requirements to be met by any
person performing tattooing and/or body piercing upon any individual and for
any establishment where tattooing and/or body piercing is performed. These
requirements shall include, but not be limited to, general sanitation of
premises wherein tattooing and/or body piercing is to be performed and
sterilization of instruments. These rules and regulations shall place emphasis
on the prevention of disease, specifically including, but not limited to,
transmission of hepatitis B and/or human immunodeficiency virus (HIV).
(b) In addition, these rules
and regulations shall establish procedures for registration with the department
of health of all persons performing tattooing and/or body piercing, for
registration of any establishment where tattooing and/or body piercing is performed,
for regular inspections of premises where tattooing and/or body piercing is
performed, and for revocation of the registration of any person or
establishment deemed in violation of the rules and regulations promulgated
under this section. An annual registration fee in the amount of sixty-two
dollars and fifty cents ($62.50) ninety
dollars ($90.00) shall be paid by any person or establishment registered to
perform tattooing and/or body piercing under this section. All fees shall be
deposited by the department as general revenues.
(c) Body piercing of a minor
is prohibited; provided, however, that body piercing will be allowed if the
minor is accompanied by his or her parent or guardian, and the parent or
guardian gives consent to the body piercing.
SECTION 26. Section 23-3-25
of the General Laws in Chapter 23-3 entitled Vital Records is hereby amended
to read as follows:
23-3-25 Fees
for copies and searches. (a) The state registrar shall charge
fees for searches and copies as follows:
(1) For a search of two (2)
consecutive calendar years under one name and for issuance of a certified copy
of a certificate of birth, fetal death, death, or marriage, or a certification
of birth, or a certification that the record cannot be found, the fee is fifteen
dollars ($15.00) twenty dollars ($20.00). For each duplicate copy of
a certificate or certification issued at the same time, the fee is ten
dollars ($10.00) fifteen dollars ($15.00).
(2) For each additional
calendar year search, if applied for at the same time or within three (3)
months of the original request and if proof of payment for the basic search is
submitted, the fee is fifty cents ($.50) two dollars ($2.00).
(3) For providing expedited
service, the additional handling fee is five dollars ($5.00) seven
dollars ($7.00).
(4) For processing of
adoptions, legitimations, or paternity determinations as specified in §§
23-3-14 and 23-3-15, there shall be a fee of ten dollars ($10.00) fifteen
dollars ($15.00).
(5) For making authorized
corrections, alterations, and additions, the fee is five dollars ($5.00)
ten dollars ($10.00); provided, no fee shall be collected for making
authorized corrections or alterations and additions on records filed before one
year of the date on which the event recorded has occurred.
(6) For examination of
documentary proof and the filing of a delayed record, a fee of fifteen
dollars ($15.00) twenty dollars ($20.00); and in addition to that
fee, the fee is fifteen dollars ($15.00) twenty dollars ($20.00);
for the issuance of a certified copy of a delayed record.
(b) Fees collected under this
section by the state registrar shall be deposited in the general fund of this
state, according to the procedures established by the state treasurer.
(c) The local registrar shall
charge fees for searches and copies of records as follows:
(1) For a search of two (2)
consecutive calendar years under one name and for issuance of a certified copy
of a certificate of birth, fetal death, death, delayed birth, or marriage, or a
certification of birth or a certification that the record cannot be found, the
fee is fifteen dollars ($15.00) twenty dollars ($20.00). For each duplicate copy of a certificate
or certification issued at the same time, the fee is ten dollars ($10.00) fifteen
dollars ($15.00).
(2) For each additional
calendar year search, if applied for at the same time or within three (3)
months of the original request and if proof of payment for the basic search is
submitted, the fee is fifty cents ($.50) two dollars ($2.00).
(d) Fees collected under this
section by the local registrar shall be deposited in the city or town treasury
according to the procedures established by the city or town treasurer except
that three dollars ($3.00) six dollars ($6.00) of the certified
copy fees shall be submitted to the state registrar for deposit in the general
fund of this state.
SECTION 27. Section 23-4-13 of the General Laws in Chapter 23-4
entitled Office of the State Medical Examiner is hereby amended to read as
follows:
23-4-13 Establishment
of fees. The director of the department of
health may shall establish reasonable fees of not less
than ten dollars ($10.00) nor more than fifty dollars ($50.00) a fee of forty dollars ($40.00) for
autopsy reports, a fee of thirty dollars ($30.00) for cremation
certificates, and statistics, and not less than five hundred dollars ($500)
six hundred and fifty dollars ($650.00) per hour nor more than twenty-five
hundred dollars ($2,500) thirty two hundred and fifty dollars
($3,250.00) per day to give testimony in civil suits under this
chapter. The director is authorized
to establish in regulation reasonable fees for additional documents not
otherwise specified in this section. All of these fees shall be collected
and deposited as general revenues; provided, however, that no city or town, or
any agency or department of a city and town within the state, or the department
of human services, shall be required to pay any fees established by the
director pursuant to this section. The fee for an autopsy report shall not
exceed thirty dollars ($30.00) and the fee for a cremation certificate shall
not exceed twenty dollars ($20.00).
SECTION 28. Section 23-4.1-10
of the General Laws in Chapter 23-4.1 entitled Emergency Medical
Transportation Services is hereby amended to read as follows:
23-4.1-10 Regulations
and fees. (a) The director shall be guided by
the purposes and intent of this chapter in the making of regulations as
authorized by this chapter.
(b) The director may issue
regulations necessary to bring into effect any of the provisions of this
chapter.
(c) The director may charge a
license fee of not more than three hundred seventy-five dollars ($375) four
hundred and ninety dollars ($490.00) for an annual license for an ambulance
service, a license fee of not more than one hundred eighty-seven dollars and
fifty cents ($187.50) two hundred and fifty dollars ($250.00) for an
annual vehicle license, and a license fee of not more than sixty-two dollars
and fifty cents ($62.50) ninety dollars ($90.00) for an emergency
medical technician license.
(2) The director may charge
an examination fee of not more than sixty-two dollars and fifty cents
($62.50) ninety dollars ($90.00) for examinations for an emergency
medical technician license and may charge an inspection fee of not more than one
hundred twenty-five dollars ($125) one hundred and seventy dollars
($170.00) for inspections for a vehicle license.
(3) The director is also
authorized to establish reasonable fees for other administrative actions that
the director shall deem necessary to implement this chapter. The fees provided
for in this section shall be deposited as general revenues and shall not apply
to any city or town employee providing services referenced in this chapter on
behalf of the city or town, and shall not apply to any individual providing
services referenced in this chapter on behalf of any bona fide volunteer or not
for profit organization. Further, the services licensure fees and vehicle
inspection fees shall not apply to services and vehicles operated by any city,
town, or fire district or to services and vehicles operated by bona fide
volunteer or not for profit organizations.
SECTION 29. Section 23-16.2-4
of the General Laws in Chapter 23-16.2 entitled Laboratories is hereby
amended to read as follows:
23-16.2-4 License
required for clinical laboratories Term of license Application Fee. (a)
It shall be unlawful for any persons, corporation, or other form of business
entity to perform clinical or analytical laboratory services on specimens
collected in this state or to own or maintain a laboratory or station in this
state without having a license issued by the department of health pursuant to
this chapter. A license, unless sooner suspended or revoked under the
provisions of this chapter, shall expire on the thirtieth (30th) day of
December of every other year following the date of license. This will be
determined on an odd-even basis with respect to the license number. Each
license shall be issued only to conduct the tests approved and for the premises
and persons named in the application, and shall not be transferable or
assignable. The fee for a clinical laboratory license shall be five hundred
dollars ($500) six hundred and fifty dollars ($650.00) for each
specialty for which the laboratory is approved. The fee for a station license
shall be five hundred dollars ($500) six hundred and fifty dollars
($650.00). The fees shall be made payable to the general treasurer, state
of Rhode Island, and submitted with the application to the department of
health.
(b) It shall be unlawful for
any persons, corporations, or other form of entity to own, operate, maintain,
conduct, or sponsor a temporary or ad hoc screening program without having obtained
a permit from the director of health. The fee for any permit shall be fifty
dollars ($50.00) seventy dollars ($70.00). It is within the
director's discretion to waive the fee. All fees shall be made payable to the
general treasurer, state of Rhode Island. Nothing contained in this section
shall require any licensed persons, corporations, or other entity to pay the
permit fee, if the screening program is provided free of charge to the public
by the licensed persons, corporation, or entity.
SECTION 30. Section 23-17-38
of the General Laws in Chapter 23-17 entitled Licensing of Health Care
Facilities is hereby amended to read as follows:
23-17-38 Establishment
of fees. The director shall establish fees
for licensure application, licensure renewal, inspection, and administrative
actions under this chapter. Annual inspection fees for hospitals and
rehabilitation hospital centers shall be thirteen thousand dollars ($13,000)
sixteen thousand nine hundred dollars ($16,900.00) per facility plus an
additional fee of ninety dollars ($90.00) one hundred and twenty
dollars ($120.00) per bed. Annual licensure fees for health maintenance
organizations and for profit end stage renal dialysis facilities shall be three
thousand dollars ($3,000) three thousand nine hundred dollars
($3,900.00) per facility. Annual licensure fees for home nursing care
providers and home care providers shall be five hundred dollars ($500) six
hundred and fifty dollars ($650.00) per facility; however, no additional
license fee shall be charged when a home nursing care provider or home care
provider changes location during any calendar year for which an annual license
fee has already been paid for that home nursing care provider or home care provider.
Annual licensure fees for organized ambulatory care facilities shall be five hundred dollars ($500) six
hundred and fifty dollars ($650.00), provided that not-for-profit entities
operating more than one ambulatory care facility shall be subject to a single
annual licensure fee for all such licenses; provided, further, that nonprofit
charitable community health centers, school based health centers and nonprofit
hospice programs with a current home nursing care provider license shall be
exempt from the fee. All annual licensure fees not otherwise designated shall
be established in regulation and shall be collected and deposited as general
revenues of the state.
SECTION 31. Section
23-17.4-31 of the General Laws in Chapter 23-17.4 entitled Assisted Living
Residence Licensing act is hereby amended to read as follows:
23-17.4-31 Establishment
of fees. The director may establish
reasonable fees for the licensure application, licensure renewal, and
administrative actions under this chapter. Annual licensure fees shall be two
hundred and fifty dollars ($250) three
hundred and thirty dollars ($330.00) per licensee plus an additional fee of
fifty dollars ($50.00) seventy dollars ($70.00) per licensed bed,
where applicable.
SECTION 32. Section 23-20.8-3
of the General Laws in Chapter 23-20.8 entitled Licensing of Massage Therapy
Establishments is hereby amended to read as follows:
23-20.8-3 Practice
of massage Use of titles limited Qualifications for licenses Fees. (a)
Only a person licensed under this chapter shall practice massage.
(b) Only a person licensed
under this chapter as a massage therapist may use the title "massage
therapist." Only a person licensed under this chapter may use the title
"masseur" or "masseuse."
(c) No person, firm, partnership,
or corporation shall describe its services under the title "massage"
or "massage therapy" unless these services, as defined in §
23-20.8-1, are performed by a person licensed to practice massage under this
chapter, and, if described as "massage therapy," by a massage
therapist.
(d) Application for licenses
as a masseur or masseuse, or as a massage therapist, shall be issued by the
department of health. Except for persons licensed as massage therapists, the
department shall establish minimum educational and training requirements for
the persons to be licensed under this chapter and shall have the authority to
take disciplinary action against a licensee for knowingly placing the health of
a client at serious risk without maintaining the proper precautions.
(e) The fee for original
application for licensure as a massage therapist shall be thirty-one dollars
and twenty-five cents ($31.25) fifty dollars ($50.00).The fee for
annual license renewal shall be thirty-one dollars and twenty-five cents
($31.25) fifty dollars ($50.00). Fees for all other licenses under
this chapter shall be fixed in an amount necessary to cover the cost of
administering this chapter.
(f) Any person applying for a
license under this chapter shall undergo a criminal background check. Such
persons shall apply to the bureau of criminal identification of the state
police or local police department for a nationwide criminal records check.
Fingerprinting shall be required. Upon the discovery of any disqualifying
information as defined in § 23-20.8-5, the bureau of criminal identification of
the state police or the local police department shall inform the applicant, in
writing, of the nature of the disqualifying information. The applicant shall be
responsible for payment of the costs of the criminal records check.
SECTION 33. Sections
23-17.9-3, 23-17.9-5, 23-17.9-6 and 23-17.9-7 of the General Law in Chapter
23-17.9 entitled Registration of Nursing Assistants are hereby amended to
read as follows:
23-17.9-3 Training
and competency evaluation program for levels of nursing assistants. Standards
for training and/or competency evaluation programs for nursing assistants and
exemptions for applicants from the requirements of training programs shall be
consistent with federal statutory and regulatory requirements and shall be
defined according to the rules and regulations promulgated by the department of
health. The national standards pertaining to nursing assistants, nurse
aides-home health aides, and the national home caring council or its succeeding
agency, (model curriculum and teaching guide for the instruction of
homemaker-home health aide) and any other appropriate standards shall serve as
guidelines in the development of regulatory standards for other levels of
nursing assistants as determined by the director. The department may require a
fee of not more than three hundred twelve dollars and fifty cents ($312.50) four hundred and ten dollars ($410.00)
as an application fee for biennial training and competency evaluation program
certification.
23-17.9-5 Qualifying
examination. Nursing assistants as defined in §
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) forty dollars ($40.00) 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 fee
not to exceed ninety-five dollars ($95.00) one hundred and thirty
dollars ($130.00) 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 §§ 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) forty dollars ($40.00) .
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) forty dollars ($40.00)
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 34. Section 23-39-11
of the General Laws in Chapter 23-39 entitled Respiratory Care Act is hereby
amended to read as follows:
23-39-11 Fees. (a)
The director, in consultation with the board, shall establish a schedule of
reasonable fees for licenses, and for renewal of licenses for respiratory care
practitioners.
(b) The initial application
fee shall be one hundred twenty-five dollars ($125) one hundred and
seventy dollars ($170.00).
(c) A biennial license
renewal fee shall be established in an amount of one hundred dollars ($100) one hundred and thirty dollars ($130.00).
SECTION 35. Sections 23-61-4 and 23-61-8 of the General
Laws in Chapter 23-61 entitled Radon Control are hereby amended to read as
follows:
23-61-4 Authority of the
director. The director is authorized to:
(1) Designate a unit within
the department to administer the provisions of this chapter and provide that
unit with the necessary staff, equipment, and operating funds.
(2) Receive and administer
funding allocated for radon control programs by the state, agencies of the
federal government and other appropriate funding sources.
(3) Require the owner of any
public or high priority building to perform such tests for radon as he or she
may determine to be necessary to characterize the exposure of occupants to
radon/radon progeny in the air of the building and/or in the building water
supply.
(4) Conduct a voluntary
radon/radon progeny testing program for residents of owner occupied residential
dwellings in the state.
(5) Enter any public or high
priority building in the state in accordance with §§ 23-61-7(a)(1) and
23-61-7(b)(4) to perform such tests for radon as he or she may determine to be
necessary to evaluate the exposure of occupants to radon/radon progeny in the
air of the building and/or in the building water supply.
(6) Institute a public
information program to include a telephone information service, written materials,
and media advertisements with the purpose of informing the public regarding
radon/radon progeny health effects, the necessity for testing of homes and
other buildings, the recommended practices for reducing elevated levels of
radon and related issues.
(7) Develop and forward for
adoption by the state building code commission recommendations for standards of
new construction designed to prevent or more easily mitigate elevated
radon/radon progeny levels.
(8) Issue regulations for the
following purposes:
(i) To establish indoor
environmental air exposure standards and guidelines for radon and radon
progeny;
(ii) To establish a drinking
water standard for radon;
(iii) To establish criteria
for air and water sampling, and testing for radon and radon progeny;
(iv) To establish criteria
for notification of the department of mitigation activities to reduce
radon/radon progeny exposures in high priority buildings and public water
supplies;
(v) To establish criteria for
licensure and certification of persons involved in radon/radon progeny testing
and mitigation services;
(vi) To require radon/radon
progeny testing by appropriate school officials of each area within public and
private schools occupied by children in pre-kindergarten through 12th grade;
(vii) To establish work
practices and procedures for mitigation of radon/radon progeny in buildings;
(viii) To establish
procedures for notifications required by § 23-61-6;
(ix) To assess fees for
activities authorized by this chapter.
(9) In promulgating
standards, guidelines and regulations and in setting fees authorized by this
chapter, the director shall:
(i) Give due consideration to
recommendations, standards, guidelines and definitions of other states and the
United States;
(ii) Shall follow the provisions
of chapter 35 of title 42.
23-61-8 Establishment
of fees. A one-time surcharge shall be
assessed on new residential construction, excluding renovations, at the rate of
one cent ($0.01) two cents ($0.02) per square foot under roof
floor space. This surcharge shall be collected by the local building official
at the time an application for a building permit is submitted. The local
building official shall collect the surcharge and remit the funds collected to
the department on a quarterly calendar basis beginning no later than October
31, 1992 October 31, 2007 for the preceding quarter, and continuing
each third month thereafter. The local building official shall also submit, on
the same calendar basis, documentation of all building permits for new
residential construction issued during the previous calendar quarter. The unit
of municipal government issuing the new residential construction building
permits may retain five percent (5%) of the surcharge collected to cover costs
associated with the collection and remittance of the surcharge. All funds
remitted to the department pursuant to this section shall be deposited in the
general fund as general revenues.
SECTION
36. Section 21-2-7 of the General Laws in Chapter
21-2 entitled "Milk Sanitation Code" is hereby amended to read as
follows:
21-2-7. Permits. -- (a) It shall be unlawful for
any milk producer whose dairy farm is located wholly or partly in this state to
sell or to offer to sell milk or milk products or to have milk stored for sale
who does not possess at all times a Rhode Island producer's permit from the
director.
(b) It shall be unlawful for any milk hauler to transport any milk
or milk products to any milk plant in the state of Rhode Island or to transport
any milk in this state destined for sale in this state unless he or she shall
at all times possess a Rhode Island milk hauler's permit from the director.
(c) It shall be unlawful for any person to operate a milk plant in
the state of Rhode Island who does not possess a Rhode Island milk plant permit
from the director with respect to each plant located in Rhode Island.
(d) It shall be unlawful for any milk distributor to sell or offer
to sell milk or milk products, including raw milk cheese, within the state of
Rhode Island unless he or she shall at all times possess a milk distributor's
permit from the director.
(e) It shall be unlawful for any milk hauler to transport any milk
or milk products from any point outside the state into the state of Rhode
Island for sale or processing in this state or for any milk plant located in
Rhode Island to process any milk or milk products which come from any point
outside the state of Rhode Island or for any milk distributor to sell any milk
or milk products within this state which come from any point outside this
state, unless:
(1) Every producer who produces any part of the milk or milk
products shall have been inspected and shall from time to time be inspected
with the same minimum frequency, to the same degree, and according to the same
requirements as provided in this chapter or any regulations promulgated under
this chapter in the case of Rhode Island producers;
(2) Every vehicle in which the milk is transported to the plant
where processed shall from time to time be inspected with the same minimum
frequency, to the same degree, and according to the same requirements as
provided in this chapter or any regulations promulgated pursuant to this
chapter in the case of Rhode Island milk hauler permittees; and
(3) The operator of each milk plant located outside the state of
Rhode Island where any part of the milk is processed at all times possesses an
out-of-state milk plant permit from the director.
(f) It shall be unlawful for any person located in the state of
Rhode Island to sell or offer for sale to any milk hauler or milk plant, or for
any milk plant to pasteurize any raw milk for pasteurization, any part of which
shall be used for grade A pasteurized milk or for any grade A milk product,
unless the person at all times is in possession of a Rhode Island grade A
producer's permit.
(g) The fees for the permits referred to in this section shall be
as follows:
(1) in-state milk processors: one hundred twenty dollars
($120); one hundred sixty
dollars ($160);
(2) out-of-state milk
processors: one hundred twenty dollars ($120); one hundred sixty
dollars ($160);
(3) milk distributors: one hundred twenty dollars ($120); one hundred sixty dollars ($160);
(4) milk producers and milk
haulers shall be exempt from permit fees.
SECTION
37. Section 21-9-3 of the General Laws in Chapter
21-9 entitled "Frozen Desserts" is hereby amended to read as follows:
21-9-3. License fee. -- The annual license fee shall
be as follows:
(1) Instate wholesale frozen dessert processors: four hundred
and twenty dollars ($420). five hundred and fifty dollars ($550).
(2) Out of state wholesale frozen dessert processors: one
hundred twenty dollars ($120). one hundred sixty dollars ($160).
(3) Retail frozen dessert processors: one hundred twenty
dollars ($120). one hundred sixty dollars ($160).
SECTION
38. Section 21-11-4 of the General Laws in Chapter
21-11 entitled "Meats" is hereby amended to read as follows:
21-11-4. Issuance and term of licenses -- Suspension or revocation. --
The director of health shall, upon receipt of application for a license to
operate an establishment for any or all of the purposes mentioned in section
21-11-3, cause that establishment to be inspected and, if it is found to
conform to the provisions of this chapter and the regulations adopted in
accordance with this chapter, shall issue a license upon receipt of a fee of one
hundred twenty dollars ($120); one hundred sixty dollars ($160);
provided, that the license fee shall be twenty four dollars ($24.00) forty
dollars ($40.00) for any one establishment where: (1) the meat is sold only
at retail, (2) no slaughtering is performed, and (3) no more than one of the
activities described in section 21-11-3 for which a license is required is
performed. In order to set the license renewal dates so that all activities for
each establishment can be combined on one license instead of on several
licenses, the department of health shall set the license renewal date. The
license period shall be for twelve (12) months, commencing on the license
renewal date, and the license fee shall be at the full annual rate regardless
of the date of application or the date of issuance of license. If the license
renewal date is changed, the department may make an adjustment to the fees of licensed
establishments, not to exceed the annual license fee, in order to implement the
change in license renewal date. Applications for renewal of licenses,
accompanied by the prescribed fee, shall be submitted at least two (2) weeks
before the renewal date. Licenses issued or renewed under this section may be
suspended or revoked for failure to comply with the provisions of this chapter
or the regulations adopted in accordance with this chapter.
SECTION
39. Section 21-14-2 of the General Laws in Chapter 21-14
entitled "Shellfish Packing Houses" is hereby amended to read as
follows:
21-14-2. License for shellfish business. -- No
person shall conduct within this state any shellfish business until that person
shall have obtained a license from the department. The director shall, upon
receipt of application for a license to conduct a shellfish business, cause the
applicant's shellfish business facilities to be investigated and, if they are
found to comply with the provisions of this chapter and the regulations adopted
in accordance with this chapter, shall issue a license upon receipt of a fee of
two hundred forty dollars ($240) three hundred twenty dollars ($320)
for a shipper/reshipper or a fee of three hundred dollars ($300) three
hundred ninety dollars ($390) for a shucker packer/repacker. Any license
issued shall apply only to those phases of the shellfish business that appear
on the license and are defined by the director in regulations he or she shall
adopt in regard to licensing. In order to set the license renewal dates so that
all activities for each establishment can be combined on one license instead of
on several licenses, the department of health shall set the license renewal
date. The license period shall be for twelve (12) months, unless sooner suspended
or revoked for cause, commencing on the license renewal date, and the license
fee shall be at the full annual rate regardless of the date of application or
the date of issuance of license. If the license renewal date is changed, the
department may make an adjustment to the fees of licensed establishments, not
to exceed the annual license fee, in order to implement the change in license
renewal date. Licenses issued pursuant to this section may be suspended or
revoked for violation of the provisions of this chapter or the regulations
adopted in accordance with this chapter. The director may, after a hearing,
refuse to issue any shellfish business license to any person who has been
convicted of any violation of this chapter.
SECTION
40. Section 21-23-2 of the General Laws in Chapter
21-23 entitled "Nonalcoholic Bottled Beverages, Drinks and Juices" is hereby amended to read as follows:
21-23-2. Issuance and renewal of permits -- Fee -- Posting -- Exempt
cider. -- Blank forms of the application for permits shall be
furnished by the department without cost. The fee for the permit shall be four
hundred and twenty dollars ($420); five hundred and fifty dollars
($550); provided, that the fee for a permit to manufacture or bottle apple
cider shall be forty-two dollars ($42.00). sixty dollars ($60.00).
In order to set the license renewal dates so that all activities for each
establishment can be combined on one license instead of on several licenses,
the department of health shall set the license renewal date. The license period
shall be for twelve (12) months, commencing on the license renewal date, and
the license fee shall be at the full annual rate regardless of the date of
application or the date of issuance of license. If the license renewal date is
changed, the department may make an adjustment to the fees of licensed
establishments, not to exceed the annual license fee, in order to implement the
change in license renewal date. Any person applying for a permit to bottle or
manufacture apple cider shall certify that he or she does not manufacture or
bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup,
bottled drinking water, either plain or carbonated, or any other so-called soft
drink, other than apple cider. The fee received by the department for
"bottlers' permits" shall be turned over to the general treasurer.
All permits granted under this chapter shall be posted in a conspicuous place
on the premises of the bottler so that they may readily be seen by any person inspecting
the premises; provided that the fees so far as they relate to cider, shall not
apply to any person who manufactures and bottles during any one calendar year
not exceeding five hundred (500) gallons of cider.
SECTION
41. Sections 21-27-6.1, 21-27-10 and 21-27-11.2 of
the General Laws in Chapter 21-27 entitled "Sanitation in Food
Establishments" are hereby amended to read as follows:
21-27-6.1. Farm home food manufacture. --
Notwithstanding the other provisions of this chapter, the department of health
shall permit farm home food manufacture and the sale of the products of farm
home food manufacture at farmers' markets, farmstands, and other markets and
stores operated by farmers for the purpose of the retail sale of the products
of Rhode Island farms, provided that the requirements of this section are met.
(1) The farm home food products shall be produced in a kitchen
that is on the premises of a farm and meets the standards for kitchens as
provided for in minimum housing standards, adopted pursuant to chapter 24.2 of
title 45 and the Housing Maintenance and Occupancy Code, adopted pursuant to
chapter 24.3 of title 45, and in addition the kitchen shall:
(i) Be equipped at minimum with either a two (2) compartment sink
or a dishwasher that reaches one hundred fifty (150) degrees Fahrenheit after
the final rinse and drying cycle and a one compartment sink;
(ii) Have sufficient area or facilities, such as portable dish
tubs and drain boards, for the proper handling of soiled utensils prior to
washing and of cleaned utensils after washing so as not to interfere with safe
food handling; equipment, utensils, and tableware shall be air dried;
(iii) Have drain boards and food preparation surfaces that shall
be of a nonabsorbent, corrosion resistant material such as stainless steel,
formica or other chip resistant, nonpitted surface;
(iv) Have self-closing doors for bathrooms that open directly into
the kitchen;
(v) If farm is on private water supply it must be tested once per
year.
(2) The farm home food products are prepared and produced ready
for sale under the following conditions:
(i) Pets are kept out of food preparation and food storage areas
at all times;
(ii) Cooking facilities shall not be used for domestic food
purposes while farm home food products are being prepared;
(iii) Garbage is placed and stored in impervious covered
receptacles before it is removed from the kitchen, which removal shall be at
least once each day that the kitchen is used for farm home food manufacture;
(iv) Any laundry facilities which may be in the kitchen shall not
be used during farm home food manufacture;
(v) Recipe(s) for each farm home food product with all the
ingredients and quantities listed, and processing times and procedures, are
maintained in the kitchen for review and inspection;
(vi) List ingredients on product;
(vii) Label with farm name, address and telephone number.
(3) Farm home food manufacture shall be limited to the production
of nonpotentially hazardous food and foods that do not require refrigeration, including:
(i) Jams, jellies, preserves and acid foods, such as vinegars,
that are prepared using fruits, vegetables and/or herbs that have been grown
locally;
(ii) Double crust pies that are made with fruit grown locally;
(iii) Yeast breads;
(iv) Maple syrup from the sap of trees on the farm or of trees
within a twenty (20) mile radius of the farm;
(v) Candies and fudges;
(vi) Dried herbs and spices.
(4) Each farm home kitchen shall be registered with the department
of health and shall require a notarized affidavit of compliance, in any form
that the department may require, from the owner of the farm that the
requirements of this section have been met and the operation of the kitchen
shall be in conformity with the requirements of this section. A certificate of
registration shall be issued by the department upon the payment of a fifty
dollar ($50.00) sixty five dollar ($65.00) fee and the submission of
an affidavit of compliance. The certificate of registration shall be valid for
one year after the date of issuance; provided, however, that the certificate
may be revoked by the director at any time for noncompliance with the
requirements of the section. The certificate of registration, with a copy of
the affidavit of compliance, shall be kept in the kitchen where the farm home
food manufacture takes place. The director of health shall have the authority
to develop and issue a standard form for the affidavit of compliance to be used
by persons applying for a certificate of registration; the form shall impose no
requirements or certifications beyond those set forth in this section and
section 21-27-1(6). No certificates of registration shall be issued by the
department prior to September 1, 2002.
(5) Income from farm home food manufacture shall not be included
in the calculation of farm income for the purposes of obtaining an exemption
from the sales and use tax pursuant to section 44-18-30(32), nor shall any
equipment, utensils, or supplies acquired for the purpose of creating or
operating farm home food manufacture be exempt from the sales and use tax as
provided for in section 44-18-30(32).
21-27-10. Registration of food businesses. --
(a) No person shall operate a food business as defined in section 21-27-1(8)
unless he or she annually registers the business with the state director of
health; provided, that food businesses conducted by nonprofit organizations,
hospitals, public institutions, farmers markets, roadside farmstands, or any
municipality shall be exempt from payment of any required fee. (b) In order to set the registration renewal
dates so that all activities for each establishment can be combined on one
registration instead of on several registrations, the registration renewal date
shall be set by the department of health. The registration period shall be for
twelve (12) months commencing on the registration renewal date, and the
registration fee shall be at the full annual rate regardless of the date of
application or the date of issuance of registration. If the registration
renewal date is changed, the department may make an adjustment to the fees of
registered establishments, not to exceed the annual registration fee, in order
to implement the changes in registration renewal date. Registrations issued
under this chapter may be suspended or revoked for cause. Any registration or
license shall be posted in a place accessible and prominently visible to an
agent of the director. (c) Registration
with the director of health shall be based upon satisfactory compliance with
all laws and regulations of the director applicable to the food business for
which registration is required. (d) The
director of health is authorized to adopt regulations necessary for the
implementation of this chapter. (e)
Classification and fees for registration shall be as follows:
(1) Food processors
(Wholesale) ...................................... $210.00 $280.00
(2) Food processors (Retail)
........................................... 90.00 120.00
(3) Food service
establishments:
(i) 50 seats or less
.................................................. 120.00 160.00
(ii) More than 50 seats
............................................... 180.00 240.00
(iii) Mobile food service
units ........................................ 72.00 100.00
(iv) Industrial caterer or
food vending machine commissary ... 210.00 280.00
(v) Vending machine sites or
location:
(A) Three (3) or less
machines ......................................... 36.00 50.00
(B) Four (4) to ten (10)
machines ...................................... 72.00 100.00
(C) Eleven (11) or more
machines ....................................... 90.00 120.00
(4) Retail markets:
(i) 1 to 2 cash registers
.............................................. 90.00 120.00
(ii) 3 to 5 cash registers
............................................ 180.00 240.00
(iii) 6 or more cash
registers ........................................ 390.00 510.00
(5) Retail food peddler (meat, seafood, dairy, and frozen
dessert products) ...72.00 100.00
(6) Food warehouses
.................................................. 144.00 190.00
(f) In no instance where an individual food business has more
than one activity eligible under this chapter for state registration within a
single location shall the business be required to pay more than a single fee
for the one highest classified activity listed in subsection (e) of this
section; provided, that where several separate but identically classified
activities are located within the same building and under the management and
jurisdiction of one person, one fee shall be required. In each of the instances
in this subsection, each activity shall be separately registered.
21-27-11.2. Application for certification. --
Any person who shall desire to be certified in food safety shall submit in
writing, on any forms as provided by the division, an application for
certification which shall be accompanied by an application fee of thirty-six
dollars ($36.00) fifty dollars ($50.00) together with any other
credentials that the rules and regulations and the division may require.
SECTION
42. Section 23-21-2 of the General Laws in Chapter
23-21 entitled "Licensing of Recreational Facilities" is hereby
amended to read as follows:
23-21-2. License required -- Issuance and expiration of license. -- No
person shall maintain within this state any recreation facility or use until
that person shall have obtained a license for a facility or use from the
department. The director, upon receipt of an application for a recreation
facility or use shall cause the facility or use to be inspected and, if the
facility or use is found to comply with the provisions of this chapter and the
regulations adopted in accordance with the provisions of this chapter, shall
issue a license upon receipt of a fee of one hundred twenty dollars ($120).
one hundred sixty dollars ($160). In order to set the license renewal
dates so that all activities for each establishment can be combined on one
license instead of on several licenses, the license renewal date shall be set
by the department of health. The license period shall be for twelve (12)
months, commencing on the license renewal date, unless sooner suspended or
revoked for violation of the provisions of this chapter or the regulations
adopted in accordance with this chapter, and the license fee shall be at the
full annual rate regardless of the date of application or the date of issuance
of license. If the license renewal date is changed, the department may make an
adjustment to the fees of licensed establishments, not to exceed the annual
license fee, in order to implement the change in license renewal date.
SECTION 43. This article shall take effect as of July 1, 2007.
ARTICLE 40 SUBSTITUTE A AS AMENDED
RELATING TO THE SETTLEMENT FINANCING
CORPORATION
SECTION 1. The
Tobacco Settlement Financing Corporation is authorized prior to August 1, 2007
to raise additional money pursuant to the Tobacco Settlement Financing
Corporation Act not to exceed one hundred ninety-five million dollars
($195,000,000) of net bond proceeds to be paid to the state of Rhode Island to
be applied for various purposes of the state as specified by the general
assembly.
SECTION 2. To
implement and effectuate the purposes of this act, the Governor, acting by and
through state general officers, state departments, agencies and the Tobacco
Settlement Financing Corporation ("Corporation"), which was
established pursuant to Rhode Island general laws chapter 42-133 ("Tobacco Settlement Financing
Corporation Act"), is hereby authorized and empowered to:
(a) assign, or otherwise convey, to the
corporation or its designee for the purposes described herein, any and all of
the state's residual interest, including residual certificates
("Residuals"), arising out of the previous sale to the corporation of
"state's tobacco receipts",
as such term is defined in the Tobacco Settlement Financing Corporation
Act, and representing a residual claim against such state's tobacco receipts;
(b) effectuate one securitization transaction
prior to August 1, 2007 pursuant to the provisions of the Tobacco Settlement
Financing Corporation Act which authorizes and governs the issuance of Bonds,
as such term is defined in the Tobacco Settlement Financing Corporation Act, to
monetize the residuals and create additional cash proceeds;
(c) distribute the proceeds of the securitization
transactions to the state to be used in accordance with the purposes of this
act, provided that the allocation of funds shall be made by the general
assembly pursuant to the annual appropriation process; and
(d) take such additional action, or enter into
such additional agreements, as may be necessary or desirable to effect the purposes of this act.
SECTION 3. The
Tobacco Settlement Financing Trust, a fund established pursuant to section
42-133-9 shall receive all proceeds, net of financing costs, due to the state
from the securitizations.
SECTION 4. The corporation shall make the
following transfers from the Tobacco Settlement Financing Trust:
(a) $42,500,000 to state general revenues prior
to June 30, 2007.
(b) $6,350,000 to the Fleet Replacement
Restricted Receipt Account prior to August 15, 2007.
(c) $124,000,000 to state general revenues prior
to August 15, 2007.
(d) All remaining net bond proceeds to the Rhode
Island Capital Plan Fund.
SECTION 5. This article
shall take effect upon passage.
ARTICLE 41 SUBSTITUTE A AS AMENDED
RELATING TO MUTUEL BETTING AND LICENSE FEES
SECTION 1. Section 41-4-9.1
of the General Laws in Chapter 41-4 entitled "Mutuel Betting and License
Fees" is hereby amended to read as follows:
41-4-9.1. Licensing of concessioners,
vendors, and pari-mutuel totalizator companies. --
(a) All persons, firms, partnerships, associations, or corporations desiring to
operate any concession allied to any dog racing track, shall apply for a
license to the division of racing and athletics, on such forms and in such a
manner as prescribed by regulations of the division. The division by
regulations shall establish other occupational licensing for all employees of
the concessions, all pari-mutuel employees, and all persons employed in any
other capacity by the race track management, and for other persons engaged in
racing activities at any dog racing track.
(b) All persons, firms,
associations, or corporations employed by the management of a dog racing track
in providing pari-mutuel totalizator computer services for pari-mutuel
computations, shall apply for a license to the division of racing and athletics
upon such forms and in such manner prescribed by regulations of the division.
All employees of the pari-mutuel totalizator computer companies shall be
licensed by the division on forms prescribed by regulations of the division.
(c) In determining whether to
grant a license pursuant to this section the division may require the applicant
to submit information as to: financial standing and credit; moral character;
criminal record, if any; previous employment; corporate, partnership or
association affiliations; ownership of personal assets; and such other
information as it deems pertinent to the issuance of the license. The division
may reject for good cause an application for a license, and it may suspend or
revoke for good cause any license issued by it after a hearing held in
accordance with chapter 35 of title 42 and subject to further appeal procedures
provided by section 41-2-3.
(d) The issuance of
license and the payment of annual fees, except for occupational licenses for
owners which shall be payable every three (3) years commencing with the first
renewal date subsequent to June 16, 1991, shall be in accordance with the
following schedule: The division shall issue a three (3) year license
commencing with license year 2007. The division shall implement a graduated
system in 2007 where one third of licenses due to expire shall be renewed for
one year, a second third of licenses due to expire shall be renewed for two (2)
years, and the final third of licenses due to expire shall be renewed for three
(3) years, with licensing fees prorated accordingly. As said licenses become
due for renewal, licenses shall be renewed for a three (3) year period of time.
All licenses issued shall be in accordance with regulations and the following
schedule:
(1) For gaming facility
employees:
(A) Key employees $300.00
(B) Operation employees $150.00
(C) Service employees $75.00
(2) For gaming facility
non-employees:
(1) (A) Concessionaires and
vendors: 200.00 $750.00
(2) (B) Occupational
licenses:
Owners 150.00
450.00
Trainers 40.00
150.00
Assumed names 50.00 150.00
Lead people 10.00
Kennel people 10.00
75.00
(3) (C)
Concessionaire and vendor's employees 10.00
75.00
(4) Pari-mutuel employees 10.00
(5) Employees of race track
management 10.00
(6) (D)
Pari-mutuel totalizator companies 200.00 750.00
(7) (E) Pari-mutuel
totalizator company employees 10.00 150.00
(8) Security personnel 10.00
(e) All individual applicants
for licensing under this section shall be fingerprinted, and, upon obtaining
the license, shall wear upon his or her outer apparel a photo identification
badge, issued or authorized by the division of racing and athletics under rules
and regulations promulgated by the division.
(f) The cost of the licensing
pursuant to this section shall be paid by the employer of the licensee, and
shall include one hundred and fifty percent (150%) of the total salaries and
benefits for the state employees engaged in the licensing at each facility. The
fund shall be deposited as restricted receipts for the use of the state and
shall be in addition to any taxes and fees otherwise payable to the state.
SECTION 2. This article shall
take effect upon passage.
ARTICLE 42 SUBSTITUTE A AS AMENDED
RELATING
TO PRIVATIZATION OF STATE SERVICES
CHAPTER 148
PRIVATIZATION OF STATE SERVICES
42-148-1. Statement of intent. If it is determined that
privatization of certain governmental functions may be appropriate, the
privatization inquiry process should be well defined with appropriate
non-partisan, institutional oversight. The principles that guide a
privatization inquiry shall include the following:
(a) To ensure the potential savings
are realized and maximized -- build cost controls and containment incentives
into contracts to eliminate excessive and unreasonable overhead costs and
profits at the expense of citizens of
the state;
(b) To preserve and promote
competition permit in-house program managers and public employees to bid for
the contract on a level playing field;
(c) To ensure quality and
responsiveness develop reliable measures of service quality, strengthen
in-house monitoring capacity and expertise, and write contracts with periodic
performance reporting;
(d) To ensure accountability,
control, and avoidance of conflicts of interest with departmental managers
write detailed contract specifications, and require record-keeping and periodic
reports;
(e) To address legal and political
barriers involve affected groups in the decision making process; and
(f) To recognize the impact on
service recipients, employees, and their families enable public employees to
have an opportunity to bid for their work.
42-148-2. Definitions. When used in this chapter:
(a) "In-house costs"
means a detailed budget breakdown of the current costs of providing the service
or program proposed for privatization.
(b) "Statement of work and
performance standards" means a clear statement of the nature and extent of
the work to be performed with measurable performance standards as set forth in
section 42-148-3(b)(2) of this chapter.
(c) "In-house bid" shall
mean the cost of the proposal proffered by in-house state programs and employees and their representatives
pursuant to section 42-148-3(b)(3) of this chapter.
(d) "Cost comparison"
means an analysis of the comparative costs of providing the service in-house or
by privatization.
(e) "Conversion
differential" means transition costs and costs associated with starting up
or closing down during conversion to purchase of service or in the event of the
need to bring services back in-house.
(f) "Transition costs"
means the cost of contracting including monitoring vendors for accountability,
costs associated with unemployment compensation, payment of accrued leave
credits, bumping, and retention factors for those with statutory status.
Transitional costs shall not include department overhead or other costs that
would continue even if the services were privatized.
42-148-3. Preclosure analysis. (a) Prior to the closure,
consolidation or privatization of any state facility, function or program, the
director of administration or his or her designee, shall conduct a thorough
cost comparison analysis and evaluate quality performance concerns before deciding
to purchase services from private vendors rather than provide services
directly.
(b) The director of administration
shall, at least sixty (60) days prior to issuing requests for bids or
proposals, complete the following process:
(i) Document the current in-house
costs of providing the services with a detailed budget breakdown. The in-house
cost shall include any department overhead and other costs that would continue
even if the service was contracted out.
(ii) Prepare a statement of work
and performance standards which shall form the basis for the requests for
proposals and which shall include the following:
(A) A clear statement of work with
measurable performance standards including qualitative as well as quantitative
standards that bidders must meet or exceed;
(B) Requirements that contractors
meet affirmative action, disability and other nondiscriminatory and service
standards currently required of state agencies.
(C) A clear format that will enable
comparison of competitive bids and in-house bids. The format must require
detailed budget breakdowns.
(c) Prior to the issuance of the
RFP current public employees and program recipients must be notified of the
intent to solicit bid proposals and of the decision timeline.
(d) If the statement of work and
performance standards differs from the current in-house program procedures and
requirements or if current state program employees and their representatives
believe that they could perform the work more efficiently, an in-house state
work group shall be afforded an opportunity to present a new cost estimate,
reflecting any innovations that they could incorporate into the work
performance standards. This new cost estimate shall be deemed an in-house bid,
which shall form the basis for the eventual cost comparison. The director shall
provide technical and informational assistance to the in-house state work group
in its preparation of an in-house bid.
(e) The director may elect to
accept the in-house bid or proceed to prepare a request for proposal
("RFP") which must:
(i) incorporate the statement of
work and performance standards, and
(ii) require bidders to meet the
same statement of work performance standards as required of the final in-house
cost estimate; and
(iii) include bid forms requiring a
sufficiently detailed breakdown of cost categories to allow accurate and
meaningful comparisons.
(f) The in-house bid developed
pursuant to subsection (d) of this section shall be kept confidential from
bidders.
42-148-4. Cost comparison. The director of administration
shall analyze all vendor bids as compared to current delivery of service costs
or an in-house bid, whichever is lower, according to the following:
(a) Any cost comparison must
include an analysis of:
(i) Comparative benefits for
employees to meet the requirements of the statement of work and performance
standards;
(ii) All transition costs as
defined in section 42-148-2(f) of this chapter;
(iii) Any conversion costs as
defined in section 42-148-2(e) of this chapter; and
(iv) Areas where the bidder's costs
appear artificially low, thereby putting the state at risk for further cost
overruns.
(b) In the event that the state
will incur new program costs related to the statement of work and performance
standards, such costs shall be included in the cost comparison.
(c) All cost comparisons must
include an analysis of whether the cost savings will result in meeting the
performance and qualitative measures set out in the statement of work and
performance standards.
42-148-5. Award of contract. After conducting a cost
comparison pursuant to section 42-148-4, the director of administration may
award the bid to an outside vendor only if the savings to the state is
substantial and the quality of performance of service required and specified in
statement of work and performance standards will be met or exceeded by the
outside vendor.
42-148-6. Appeal. (a) Before any award is final, the
affected parties, which shall include program recipients, state employees and
their representatives shall have a right to appeal the award decision of the
director of the department of administration.
(b) The parties shall have sixty
(60) days from the date of the award to file an appeal. No contracts shall be
awarded or services contracted to
vendors if an appeal is pending.
(c) All documentation supporting
the cost and quality comparison shall be made available to the affected parties
upon request after the final decision has been made.
(d) All appeals of the final
decision of an award shall be filed in superior court in Providence County.
42-148-7. Report of general assembly. (a)
The director of the department of administration shall notify the chairpersons
of the house and senate finance committees of their intent to request bids or
proposals to privatize state services. The notice to the committees shall be provided thirty (30) days prior to
issuing the request.
(b) Upon the final decision of an
award the director of the department of administration shall provide a report
to the chairpersons of the house and senate finance committees outlining the
bid process and analysis conducted in issuing an award.
42-148-8. Applicability. Notwithstanding any general law or
special law to the contrary, no award shall be made or privatization contract
entered into by the state of Rhode Island unless and until the processes and
procedures outlined in sections 42-148-3, 42-148-4 and 42-148-5 have been fully
complied with in their entirety. All of the aforementioned sections shall apply
to all pending awards and pending privatization contracts.
ARTICLE 43 SUBSTITUTE A AS AMENDED
RELATING TO FARM TO SCHOOL INCOME TAX
CREDIT
SECTION 1. Chapter
44-30 of the General Laws entitled "Personal Income Tax" is hereby
amended by adding thereto the following section:
44-30-27. Farm to school income tax credit. -- Upon
presentation of written certification by a local education agency, an
individual or entity domiciled in the state for the entire tax year, shall be
entitled to an income tax credit for the purchase of produce grown in the state
which shall be furnished or used in connection with that individual's or
entity's agreement to provide food, services or other products to a local
education agency. The income tax credit shall be equal to five percent (5%) of
the cost of farm products grown or produced in the state. Any amount of income
tax credit not deductible in the taxable year of certification may not be
carried over to the following year. The credit may not be applied until all
other credits available to the taxpayer for that taxable year are applied.
SECTION 2. This act
shall take effect upon passage.
ARTICLE 44 SUBSTITUTE A AS AMENDED
RELATING TO EFFECTIVE DATE
SECTION 1. This act
shall take effect July 1, 2007, except as otherwise provided herein.
In Articles where it is provided that the
effective date shall be either "July 1, 2007", or "upon
passage", and no provision is made for retroactive or prospective
application, the effective date shall be July 1, 2007, and if the article is
approved after July 1, 2007, that the article shall be retroactive to July 1,
2007.
In articles where it is provided that the
effective date shall be either "July 1, 2007" or "upon
passage" and provision is made within the article the retroactive or
prospective application, the article shall take effect on July 1, 2007 and its
application made retroactive or prospective as set forth in the article.
SECTION 2. This article
shall take effect upon passage.
.