Chapter 009
2008 -- H 7204 SUBSTITUTE A AS AMENDED
A N A C T
MAKING REVISED APPROPRIATIONS FOR THE SUPPORT
OF THE STATE FOR FISCAL YEAR ENDING JUNE 30, 2008
Introduced By: Representatives Mumford,
Ehrhardt, and Story
Date Introduced:
January 23, 2008
It
is enacted by the General Assembly as follows:
ARTICLE 1 RELATING TO MAKING
REVISED APPROPRIATIONS IN SUPPORT OF FY 2008
ARTICLE 2 RELATING TO STATE
FLEET REPLACEMENT REVOLVING LOAN FUND
ARTICLE 3 RELATING TO PUBLIC
FINANCE – DEBT MANAGEMENT
ARTICLE 4 RELATING TO RETIREE
HEALTH BENEFITS FUNDING
ARTICLE 5 RELATING TO SCHOOL
BUDGETS – HOUSING AID
ARTICLE 6 RELATING TO PERMITS
FOR SALE OF BOTTLED WATER
ARTICLE 7 RELATING TO
CORRECTIONS REFORM
ARTICLE 8 RELATING TO
FURLOUGH DAYS
ARTICLE 9 RELATING TO THE
FAMILY INDEPENDENCE ACT
ARTICLE 10 RELATING TO
MEDICAL ASSISTANCE – ELIGIBILITY
ARTICLE 11 RELATING TO ATOMIC
ENERGY COMMISSION
ARTICLE 12 RELATING TO THE
RHODE ISLAND TRAINING SCHOOL
ARTICLE 13 RELATING TO HEALTH
CARE COVERAGE FOR CHILD CARE PROVIDERS
ARTICLE 14 RELATING TO
NURSING HOME PROVIDER ASSESSMENT
ARTICLE 15 RELATING TO
INSURANCE – CONSUMER REPRESENTATION AT RATE HEARINGS
ARTICLE 16 RELATING TO
PROCEEDINGS IN FAMILY COURT
ARTICLE 17 RELATING TO STATE
AID
ARTICLE 18 RELATING TO
ADMINISTRATIVE PROCEDURES
ARTICLE 19 RELATING TO BRIDGE
USE FINES
ARTICLE 20 RELATING RHODE
ISLAND UNDERGROUND STORAGE TANK ACT
ARTICLE 21 RELATING TO
EFFECTIVE DATE
ARTICLE 1
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT
OF FY 2008
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,
2008. 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 2008 FY 2008 FY 2008
Enacted Change Final
Administration
Central
Management
General Revenues 1,549,780 42,508 1,592,288
Federal Funds 238,173 (9,495) 228,678
Restricted Receipts 0 119,177 119,177
Total - Central Management 1,787,953
152,190 1,940,143
Legal
Services
General Revenues 1,836,817 18,411 2,255,228
Legal Support/DOT 122,057 113,473
235,530
Total - Legal Services 1,958,874 531,884 2,490,758
Accounts and Control General
Revenues 3,252,968 246,317 3,499,285
Budgeting General
Revenues
2,090,800 (93,472) 1,997,328
Purchasing General
Revenues
2,398,789 (215,075) 2,183,714
Auditing General
Revenues
1,792,239 (102,279) 1,689,960
Human Resources
General Revenues 10,067,133 111,427 10,178,560
Federal Funds
2,065,791 (91,870)
1,973,921
Restricted Receipts 577,637 (93,868) 483,769
Other Funds 793,282 (265,276) 528,006
Total - Human Resources 13,503,843
(339,587) 13,164,256
Personnel Appeal Board
General Revenues 96,793 13,954 110,747
Facilities
Management
General Revenues 36,055,887 520,469 36,576,356
Federal Funds 7,214,065 560,081 7,774,146
Restricted Receipts 1,137,677 (47,451) 1,090,226
State Fleet Replacement Restricted Receipts 6,350,000 (6,350,000) 0
The State Fleet Replacement restricted receipt account is
hereby established,
notwithstanding the
provision of Section 34-3-27 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
7,360
562,476
Total – Facilities Management 51,312,745 5,309,541) 46,003,204
Capital Projects and Property
Management
General Revenues 3,748,880 (414,695)
3,334,185
Information
Technology
General Revenues 17,650,147 1,197,892
18,848,039
Federal Funds 7,389,800
(1,787,351) 5,602,449
Restricted Receipts 1,422,572 321,689
1,744,261
Other Funds 1,403,499 854,047
2,257,546
Total – Information Technology 27,866,018
586,277
28,452,295
Library and Information
Services
General Revenues 1,100,791 (115,173) 985,618
Federal Funds 1,084,437 (20,775) 1,063,662
Restricted Receipts 2,000 0 2,000
Total - Library and Information Services 2,187,228 (135,948)
2,051,280
Planning
General Revenues 3,792,553
10,789)
3,781,764
Federal Funds 9,330,126 1,124,079
10,454,205
Intermodel Surface
Transportation Funds
Federal Highway - PL Systems Planning 1,689,264 358,431 2,047,695
Air Quality Modeling 20,800 0 20,800
Total – Planning 14,832,743 1,471,721
16,304,464
Security Services General
Revenues 19,932,620 (243,550)
19,689,070
General
General
Revenues
Miscellaneous Grants 660,912 0 660,912
Torts – Courts 400,000 8,112 408,112
Convention Center 12,500,000 (4,100,000) 8,400,000
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.
Transfer to RICAP Fund 0 19,423,025
19,423,025
Teachers Retiree Health Subsidy 1,442,024
(1,442,024)
0
Economic Development Corporation Grant 7,694,121
(39,437)
7,654,684
EDC – RI Airport Corporation Impact 1,004,520
(3,766) 1,000,754
Sixty percent (60%) of the first
$1,000,000 appropriated funds shall be distributed to each
airport serving more than
1,000,000 passengers based upon its percentage of the total passengers
served by all airports
serving more than 1,000,000 passengers.
Forty percent (40%) of the first $1,000,000 shall be
distributed to North Central Airport,
Newport-Middletown Airport,
Block Island Airport, Quonset Airport, TF Green Airport, and
Westerly Airport based on the
share of landings during calendar year 2006, respectively. No
airport shall receive less
than $25,000.
Each airport receiving any portion of the
amount appropriated shall make an impact
payment to the towns or
cities in which the airport is located in the full amounts received from the
Corporation within 30 days of
payments from the Corporation.
Each
community upon which any part of the above airports are located shall receive
at
least
$25,000.
Economic Policy Council 300,000 (8,100) 291,900
Slater Centers of Excellence 3,000,000 (81,000)
2,919,000
EDC EPScore 1,500,000 (40,500) 1,459,500
Police/Fire Incentive Pay 675,000
0 675,000
Motor Vehicle Excise Tax Payment 135,500,042
(183,500)135,316,542
Property Valuation 1,100,000 0 1,100,000
General Revenue Sharing Program 65,111,876
(10,000,000) 55,111,876
Payment in Lieu of Tax Exempt Properties 27,766,967 0 27,766,967
Distressed Communities Relief Program 10,384,458
0 10,384,458
Resource Sharing and State Library Aid 8,773,398
0
8,773,398
Library Construction Aid 2,813,141 0
2,813,141
Restricted Receipts 1,295,997 100,000 1,395,997
Rhode Island Capital Plan
Funds
State House Renovations 4,000,000 98,624
4,098,624
State House Terrace Walls/South Stairs 0
24,081 24,081
Lead Mitigation Group
Homes
300,000 0 300,000
Cranston Street Armory 1,300,000 302,173
1,602,173
Cannon Building 200,000 179,381 379,381
Pastore Center Master Plan 600,000 0
600,000
Zambarano Building Rehabilitation 600,000
151,333 751,333
Pastore Center Rehabilitation 530,000 0
530,000
Old State House 500,000 29,845 529,845
State Office Building 950,000 187,423
1,137,423
Veterans Auditorium 0 24,068 24,068
Old Colony House 135,000 48,339 183,339
Washington County Government Center 0
88,599
88,599
William Powers Building 750,000 44,957
794,957
McCoy Stadium 557,500 237,356 794,856
Fire Code Compliance State Buildings 500,000
22,042 522,042
Pastore Center Fire Code Compliance 750,000
5,351 755,351
Pastore Center Water Tanks 480,000 0
480,000
Ladd Center Water System 50,000 0
50,000
Pastore Center Environmental Mandates 250,000
(250,000) 0
Pastore Center Power Plant 2,000,000 (963,692)
1,036,308
Replacement of Fueling Tanks 600,000 0
600,000
Neighborhood Opportunities Program 7,500,000 (5,000,000) 2,500,000
Environmental Compliance 275,000 312,956
587,956
Computer Center 8,975,000 0 8,975,000
Biotech Training Facility 0 1,479 1,479
Pastore Utilities Upgrade 0 504,282 504,282
DMV Building A&E 0 400,000
400,000
Forand Building Exterior Shell 0 1,200,000
1,200,000
OHHS Relocation 0 100,000 100,000
Business Regulation Relocation 0 100,000
100,000
Total – General 313,724,956 1,481,407 315,206,363
Debt Service Payments
General Revenues 126,160,050 4,995,692 31,155,742
Federal Funds 1,177,854 (231,020) 946,834
Restricted Receipts
1,542,173 1,652,350
3,194,523
RIPTA Debt Service 681,005 (5,766) 675,239
Transportation Debt Service 35,442,466 1,873,678)
33,568,788
RIRBA - DLT – Temporary Disability Insurance 45,586 0 45,586
COPS - DLT Building – TDI 358,825 (75,266)
283,559
COPS – DLT Building 26,320
(19,219)
7,101
Total - Debt Service Payments 165,434,279
4,443,093 169,877,372
Energy
Resources
General Revenues 2,236,989 42,815 2,279,804
Federal Funds 19,688,355 2,339,131 22,027,486
Restricted Receipts 200,000 943,888 1,143,888
Total – Energy Resources 22,125,344 3,325,834
25,451,178
Undistributed Personnel
Savings
General Revenues (9,105,434) 9,105,434 0
Federal Funds (2,606,705) 2,606,705 0
Restricted Receipts (418,650) 418,650 0
Other Funds (2,714,920)
2,714,920
0
Total – Undistributed Personnel Savings (14,845,709) 14,845,709 0
Grand Total – Administration 633,201,363
20,244,239 653,445,602
Business Regulation
Central Management General
Revenues 1,283,012 (4,910) 1,278,102
Banking and Securities
Regulation
General Revenues 3,083,499 (125,985) 2,957,514
Restricted Receipts 145,000 0 145,000
Total - Banking and Securities Regulation 3,228,499 (125,985)
3,102,514
Commercial Licensing and
Racing & Athletics
General Revenues 1,362,961 (269,598) 1,093,363
Restricted Receipts 606,836 (53,584) 553,252
Total - Commercial Licensing and Racing and
Athletics 1,969,797 (323,182) 1,646,615
Insurance
Regulation
General Revenues 5,184,809 (160,958) 5,023,851
Federal Funds 51,742 150,000 201,742
Restricted Receipts 856,129 112,498 968,627
Total - Insurance Regulation 6,092,680 101,540
6,194,220
Board of Accountancy General
Revenues 155,449 (4,090) 151,359
Boards for Design
Professionals General Revenues
406,186 (13,946) 392,240
Grand Total - Business Regulation 13,135,623
(370,573)
12,765,050
Labor and Training
Central
Management
General Revenues 195,297 (12,713) 182,584
Restricted Receipts 483,507 (30,763) 452,744
Total - Central Management 678,804 (43,476)
635,328
Workforce Development
Services
General Revenues 2,500 3,796 6,296
Federal Funds 13,368,113 6,911,196 20,279,309
Restricted Receipts 14,952,134 (3,287,686) 11,664,448
Reed Act Funds
Woonsocket Network Office 0 75,000
75,000
Rapid Job Entry 798,997 (3,975) 795,022
Workforce Development 5,200,000 (1,012,108) 4,187,892
Of the $5.6 million $5.1 million appropriated from
Other Reed Act funds, $798,997
$795,022 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 $4.2 million may be used for the
administration of this
state’s employment compensation law and public employment service
offices.
Total - Workforce Development Services 34,321,744
2,686,223
37,007,967
Workforce Regulation and
Safety
General Revenues 2,736,797 (257,188) 2,479,609
Income
Support
General Revenues 3,175,354 105,602 3,280,956
Federal Funds 14,756,732 481,217 15,237,949
Restricted Receipts 1,760,639 111,724 1,872,363
Temporary Disability Insurance Fund 177,634,956 (1,305,632) 176,329,324
Employment Security Fund 212,759,436 41,366,598
254,126,034
Total - Income Support 410,087,117 40,759,509
450,846,626
Injured Workers Services
Restricted Receipts 11,087,418
(1,699)
11,085,719
Labor Relations
Board
General Revenues 473,214 (45,472) 427,742
Grand Total - Labor and Training 459,385,094
43,097,897 02,482,991
Department of Revenue
Director of Revenue General
Revenues 751,500 (319,476) 432,024
Office of Revenue Analysis
General Revenues 750,003
(385,807)
364,196
Lottery Division Lottery
Funds 214,697,422 (12,048,981) 202,648,441
Property Valuation General
Revenues 849,819 (61,296) 788,523
Taxation
General Revenues 17,820,994 (1,783,706) 16,037,288
Federal Funds 1,235,454
(75,195)
1,160,259
Restricted Receipts 830,406 46,500 876,906
Motor Fuel Tax Invasion 0 128,907 128,907
Temporary Disability Insurance 910,131
(119,045) 791,086
Total – Taxation 20,796,985 (1,802,539) 8,994,446
Registry of Motor
Vehicles
General Revenues 18,403,641 (859,828) 17,543,813
Federal Funds 99,691 869,047 968,738
Restricted Receipts 15,100 0
15,100
Total – Registry of Motor Vehicles 18,518,432
9,219 18,527,651
Grand Total – Revenue 256,364,161 (14,608,880) 241,755,281
Legislature
General Revenues 34,440,361 (324,158) 34,116,203
Restricted Receipts 1,523,721 (72,186) 1,451,535
Grand Total – Legislature 35,964,082 (396,344)
35,567,738
Lieutenant Governor General Revenues 925,112
(85,296)
839,816
State
Administration General
Revenues 1,685,414 (27,259) 1,658,155
Corporations General
Revenues
1,798,880 54,708
1,853,588
State
Archives
General Revenues 88,909 (88,909) 0
Federal Funds 40,121 (1,823) 38,298
Restricted Receipts 443,476 115,026 558,502
Total - State Archives
572,506 24,294
596,800
Elections
General Revenues 583,210 28,136 611,346
Federal Funds 546,623
(12,418)
534,205
Total – Elections 1,129,833 15,718 1,145,551
State Library General
Revenues
689,592 (14,001) 675,591
Office of Civics and Public
Information
General Revenues 190,131 53,878 244,009
Grand Total – State 6,066,356 107,338 6,173,694
General Treasurer
Treasury
General Revenues 2,589,641 (125,849) 2,463,792
Federal Funds 291,066 (11,339) 279,727
Restricted Receipts 10,000 (10,000) 0
Temporary Disability Insurance Fund 293,140
(53,155) 239,985
Total – Treasury 3,183,847 (200,343) 2,983,504
State Retirement
System
Restricted Receipts
Admin Expenses - State Retirement System 6,131,739 197,927 6,329,666
Retirement - Treasury Investment Operations 877,497 39,173 916,670
Total - State Retirement System 7,009,236
237,100 7,246,336
Unclaimed
Property
Restricted Receipts 23,095,200 1,491,473 24,586,673
RI Refunding Bond Authority
General Revenues 40,349 (3,446) 36,903
Crime Victim Compensation
Program
General Revenues 278,560 (5,488) 273,072
Federal Funds 1,625,080 (754,621) 870,459
Restricted Receipts 1,657,851 (297,207) 1,360,644
Total - Crime Victim Compensation Program 3,561,491
(1,057,316)
2,504,175
Grand Total – General Treasurer 36,890,123
467,468 37,357,591
Board of Elections
General Revenues 1,437,214
(147,267)
1,289,947
Federal Funds 586,894 44,434 631,328
Grand Total - Board of Elections 2,024,108
(102,833) 1,921,275
Rhode Island Ethics
Commission General Revenues 1,410,451
(79,991)
1,330,460
Office of Governor General Revenues
4,921,696 (147,968)
4,773,728
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 appropriation 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 (13,618) 647,628
Federal Funds 100,124 (3,027)
97,097
Restricted Receipts 6,334,717 (140,990)
6,193,727
Grand Total - Public Utilities Commission 7,096,087 (157,635) 6,938,452
Rhode Island Commission on
Women General Revenues 108,203
(2,273) 105,930
Commission for Human
Rights
General Revenues 984,197 (32,520) 951,677
Federal Funds 404,743 (33,853) 370,890
Grand Total - Commission for Human Rights 1,388,940 (66,373) 1,322,567
Office of Health and Human
Services
General Revenues 307,152 80,024 387,176
Federal Funds 5,826,265 1,332,407 7,158,672
Restricted Receipts 445,548 (131,177) 314,371
Grand Total – Office of Health and Human Services 6,578,965
1,281,254 7,860,219
Children, Youth, and
Families
Central
Management
General Revenues 5,903,045 1,035,011 6,938,056
Federal Funds 3,359,730
(507,769)
2,851,961
Total - Central Management 9,262,775 527,242
9,790,017
Children's Behavioral Health
Services
General Revenues 18,805,572
(2,141,247)
16,664,325
Federal Funds 13,268,634 (103,250) 13,165,384
Rhode Island Capital Plan Funds
Groden Center Mt. Hope
0 16,445 16,445
Total - Children's Behavioral Health Services 32,074,206
(2,228,052)
29,846,154
Juvenile Correctional
Services
General Revenues 29,680,225
(160,073)
29,520,152
Federal Funds 610,837 6,081
616,918
Restricted Receipts 6,000 4,000
10,000
Rhode Island Capital Plan
Funds
Girl’s Facility – Training School 700,000
(700,000)
0
Total - Juvenile Correctional Services 30,997,062 (849,992)
30,147,070
Child
Welfare
General Revenues
General Revenues 88,661,014 4,442,968
93,103,982
18 to 21 Year Olds 6,000,000 (450,000)
5,550,000
Federal
Funds
Federal Funds 58,426,893 260,425 58,687,318
18 to 21 Year Olds 4,545,000 (161,902) 4,383,098
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 $24.4 million from general revenues and
$15.7 million $15.8 million from federal funds by September
30, 2007, no more than $47.4
million $48.9 million from general revenues and $31.4
million $31.6 million from federal funds
by December 31, 2007, and no
more than $71.1 million $73.3 million from general revenues and
$47.1 million $47.4 million from federal funds by March 31,
2008.
Restricted Receipts
1,747,941 492,615
2,240,556
Rhode Island Capital Plan
Funds
Camp E-Hun-Tee 85,000 0
85,000
Fire Code Upgrades 750,000 3,690 753,690
Total - Child Welfare 160,215,848 4,587,796
164,803,644
Higher Education Incentive
Grants General Revenues 200,000
0
200,000
Grand Total - Children, Youth, and Families 232,749,891
2,036,994
234,786,885
Elderly Affairs
General
Revenues
General Revenues 16,521,951 (302,899) 16,219,052
RIPAE 2,081,654 (911,654)
1,170,000
Safety and Care of the Elderly 600 (16) 584
Federal Funds 13,056,931 (111,332)
12,945,599
Restricted Receipts 690,000 640,000 1,330,000
Intermodal Surface Transportation Fund 4,685,000 0 4,685,000
Grand Total - Elderly Affairs 37,036,136 (685,901)
36,350,235
Health
Central
Management
General Revenues 4,901,329 (711,600) 4,189,729
Federal Funds 4,856,361 3,510,001
8,366,362
Restricted Receipts 3,716,866 772,626 4,489,492
Total - Central Management 13,474,556 3,571,027
17,045,583
State Medical
Examiner
General Revenues 2,156,986 (15,337) 2,141,649
Federal Funds 141,556 (9,935) 131,621
Total - State Medical Examiner 2,298,542 (25,272)
2,273,270
Family
Health
General Revenues 2,588,535
(118,589)
2,469,946
Federal Funds 29,851,256 4,120,897 33,972,153
Restricted Receipts 18,186,461 (814,208)
17,372,253
Total - Family Health 50,626,252 3,188,100
53,814,352
Health Services
Regulation
General Revenues 6,522,612 (58,923)
6,463,689
Federal Funds 4,913,651 1,870,727
6,784,378
Restricted Receipts 436,904 (39,919) 396,985
Total - Health Services Regulation 11,873,167
1,771,885 13,645,052
Environmental
Health
General Revenues 3,999,516 (217,729) 3,781,787
Federal Funds 6,124,861 (171,871)
5,952,990
Restricted Receipts 3,062,911 (154,828) 2,908,083
Other Funds 0 100,000
100,000
Total - Environmental Health 13,187,288 (444,428)
12,742,860
Health
Laboratories
General Revenues 8,170,513 (1,348,438)
6,822,075
Federal Funds 2,063,939 315,447
2,379,386
Total - Health Laboratories 10,234,452 (1,032,991)
9,201,461
Disease Prevention and
Control
General Revenues 6,147,635 (846,898) 5,300,737
Federal Funds 17,353,763
2,111,258
19,465,021
Walkable Communities Initiative 28,676 734 29,410
Total - Disease Prevention and Control 23,530,074 1,265,094
24,795,168
Grand Total – Health 125,224,331 8,293,415
133,517,746
Human Services
Central
Management
General
Revenues
General Revenues 9,113,855
433,217
9,547,072
Statewide Operating Savings 0 (19,647,261)
(19,647,261)
Federal
Funds
Federal Funds 4,251,568 194,875
4,446,443
Statewide Operating Savings 0 (19,916,418)
(19,916,418)
Restricted Receipts 1,746,265 248,682
1,994,947
Total - Central Management 15,111,688
(38,686,905) (23,575,217)
Child Support
Enforcement
General Revenues 3,830,853 (595,168) 3,235,685
Federal Funds 7,569,577 (130,261)
7,439,316
Restricted Receipts 50,000 (50,000) 0
Total – Child Support Enforcement 11,450,430
(775,429) 10,675,001
Individual and Family
Support
General Revenues 24,754,511 (1,945,733)
22,808,778
Federal Funds 52,883,675 3,562,683
56,446,358
Restricted Receipts 134,150 0 134,150
Rhode Island Capital Plan
Funds
Blind Vending Facilities 100,000 0 100,000
Forand Building Exterior Improvements 1,200,000 (1,200,000)
0
Total - Individual and Family Support 79,072,336 416,950
79,489,286
Veterans'
Affairs
General Revenues 17,109,472 1,070,319
18,179,791
Federal Funds
6,384,850 3,050,669 9,435,519
Restricted Receipts 1,516,550 580,761 2,097,311
Total - Veterans' Affairs 25,010,872 4,701,749
29,712,621
Health Care Quality,
Financing and Purchasing
General Revenues 23,023,393 (2,012,006)
21,011,387
Federal Funds 43,746,840 (1,865,455)
41,881,385
Restricted Receipts 186,714 19,766 206,480
Total - Health Care Quality,
Financing & Purchasing 66,956,947 (3,857,695)
63,099,252
Medical
Benefits
General
Revenues
Hospitals 127,761,587 6,193,191 133,954,778
Long Term Care 171,867,087 809,402
172,676,489
Provided that $154,280,987 $150,579,223 is for
long term care for nursing homes
and hospice care and $17,586,100
$17,435,001 is for long term care for home and community
based
services.
Managed Care 259,157,517 (2,237,880) 56,919,637
Pharmacy 63,239,985 (786,065) 62,453,920
Other 55,380,738 892,105
56,272,843
Federal
Funds
Hospitals 115,822,763 16,940,535 132,763,298
Long Term Care 189,938,417 685,094
190,623,511
Provided that $170,524,517 $166,222,173 is for
long term care for nursing homes
and hospice care and $19,413,900
$19,246,241 is for long term care for home and community
based
services.
Managed Care 293,562,936 4,764,454 298,327,390
Special Education 20,733,240 0
20,733,240
Pharmacy 23,999,516 346,564 24,346,080
Other 60,550,556 1,572,784 62,123,340
Restricted Receipts 5,590,042 15,000 5,605,042
Total - Medical Benefits 1,387,604,384 29,195,184
1,416,799,568
Supplemental Security Income
Program
General Revenues 28,455,740 (152,598) 28,303,142
Family Independence
Program
General
Revenues
Child Care 7,442,414 2,994,985
10,437,399
TANF/Family Independence Program 15,957,990 329,500
16,287,490
Federal Funds 84,438,119 122,792 84,560,911
Total - Family Independence Program 107,838,523 3,447,277 111,285,800
State Funded
Programs
General
Revenues
General Public Assistance 4,090,076 (599,565) 3,490,511
Federal Funds 85,553,476 7,814,100 93,367,576
Total - State Funded Programs 89,643,552
7,214,535 96,858,087
Grand Total - Human Services 1,811,144,472
1,503,068
1,812,647,540
Mental Health,
Retardation, and Hospitals
Central
Management
General Revenues 740,606 1,076,440
1,817,046
Federal Funds 67,080 50,597
117,677
Total - Central
Management
807,686
1,127,037
1,934,723
Hospital and Community System
Support
General Revenues 4,238,069 (692,905) 3,545,164
Federal Funds 373,404 40,042
413,446
Rhode Island Capital Plan Funds
Medical Center Rehabilitation 290,000 21,385 311,385
Community Facilities Fire Code 1,250,000 (85,302) 1,164,698
DD Private Waiver Com Facilities-Fire Code 337,500 37,021 374,521
Total - Hospital and Community System Support 6,488,973 (679,759) 5,809,214
Services for the
Developmentally Disabled
General Revenues 120,497,502
(1,837,612)
118,659,890
Federal Funds 136,746,550 (2,240,301) 134,506,249
Rhode Island Capital Plan
Funds
Regional Center Repair/Rehabilitation 300,000
18,464
318,464
MR Community Facilities 500,000 0 500,000
Developmental Disability Group Homes 2,050,000
66,215 2,116,215
Total - Services for the
Developmentally
Disabled 260,094,052 (3,993,234) 256,100,818
Integrated Mental Health
Services
General Revenues 43,958,899
(1,949,374)
42,009,525
Federal Funds 38,244,839 (2,016,687) 36,228,152
Rhode Island Capital Plan
Funds
MH Community Facilities Repair 250,000 0
250,000
MH Housing Development-Thresholds 400,000 0 400,000
Total - Integrated Mental Health Services 82,853,738 (3,966,061) 78,887,677
Hospital and Community
Rehabilitation Services
General Revenues 57,019,642 (5,291,983) 51,727,659
Federal Funds 56,699,247 (6,552,142) 50,147,105
Restricted Receipts 2,950,000 (446,166) 2,503,834
Rhode Island Capital Plan
Funds
Zambarano Buildings and Utilities 590,000
53,273 643,273
Hospital Consolidation 2,250,000 1,450,000
3,700,000
Total - Hospital and Community
Rehabilitative Services 119,508,889 (10,787,018)
108,721,871
Substance
Abuse
General Revenues 17,004,511 (566,461) 16,438,050
Federal Funds 11,839,894 1,651,086 13,490,980
Restricted Receipts 90,000 0 90,000
Rhode Island Capital Plan Funds
Eastman House 0 442,271 442,271
Asset Protection 200,000 5,218 205,218
Total - Substance Abuse 29,134,405 1,532,114
30,666,519
Grand Total - Mental Health, Retardation,
and Hospitals 498,887,743 (16,766,921) 482,120,822
Office of the Child
Advocate
General Revenues 520,757 (36,188) 484,569
Federal Funds 40,000 (2,499) 37,501
Grand Total – Office of the
Child Advocate 560,757 (38,687) 522,070
Commission on the Deaf and
Hard of Hearing
General Revenues 370,154 (43,559) 326,595
Federal Funds 17,500 (17,500) 0
Grand Total - Commission on the Deaf and
Hard of Hearing 387,654 (61,059) 326,595
RI Developmental
Disabilities Council Federal Funds
461,111 (55,409)
405,702
Governor's Commission on
Disabilities
General Revenues 535,775 (185,149) 350,626
Federal Funds 181,692 12,688 194,380
Restricted Receipts 50,612 (36,257) 14,355
Rhode Island Capital Plan Funds
Facility Renovation - Handicapped Accessibility 200,000 36,551 236,551
Grand Total - Governor's Commission on
Disabilities 968,079 (172,167) 795,912
Mental Health Advocate General Revenues 424,343 (18,797)
405,546
Elementary and Secondary
Education
Administration of the
Comprehensive Education Strategy
General Revenues
General Revenues 21,316,614 (743,740)
20,572,874
Statewide Uniform Chart of Accounts 1,100,000
0 1,100,000
Federal Funds 175,671,609 11,730,055 187,401,664
Restricted Receipts
Restricted Receipts 1,189,897 (136,497)
1,053,400
HRIC Adult Education Grants 4,500,000
116,700 4,616,700
Rhode Island Capital Plan
Funds
Shepard Building Air Quality 286,500 0 286,500
Total – Administration of the Comprehensive
Education Strategy 04,064,620 10,966,518
215,031,138
Davies Career and Technical
School
General Revenues 14,571,572 (523,849) 14,047,723
Federal Funds 1,237,336 187,743 1,425,079
Rhode Island Capital Plan Funds
Davies HVAC 364,985 124 365,109
Davies Asset Protection 82,400 0 82,400
Davies Roof Repair 507,000 0
507,000
Total - Davies Career and Technical School 16,763,293
(335,982)
16,427,311
RI School for the
Deaf
General Revenues 6,807,792 (236,799) 6,570,993
Federal Funds 367,923 (96,953) 270,970
Restricted Receipts
0 1,418 1,418
Other Funds 0 10,181 10,181
Total - RI School for the Deaf 7,175,715
(322,153)
6,853,562
Metropolitan Career and
Technical School
General Revenues 11,487,734 0 11,487,734
Education
Aid
General Revenues 679,417,316 (21,174) 679,396,142
Federal Funds 1,119,042 (1,044,042) 75,000
Restricted Receipts 1,459,996
(506)
1,459,490
Total – Education Aid 681,996,354 (1,065,722)
680,930,632
Central Falls School
District
General Revenues 43,795,411
(379,189)
43,416,222
Provided that in addition to the appropriation contained in
this article, $379,189 be
allocated to the Central
Falls School District from the Permanent School
Fund.
Housing Aid General
Revenues 52,861,510 (3,208,534) 49,652,976
Teacher’s Retirement General
Revenues 78,071,710 2,153,645 80,225,355
Grand Total - Elementary and Secondary
Education 1,096,216,347 7,808,583 1,104,024,930
Public Higher Education
Board of Governors/Office of
Higher Education
General Revenues 8,135,640 (227,492) 7,908,148
Federal Funds 3,526,446 1,774,368 5,300,814
Restricted Receipts 200,000 252,851 452,851
Total - Board of Governors/Office of
Higher Education 11,862,086 1,799,727 13,661,813
University of Rhode
Island
General Revenues
General Revenues 77,035,968
(2,139,443)
74,896,525
Debt Service 11,203,337 (765,551) 10,437,786
University and College Funds
University and College Funds
401,968,441 11,921,728 413,890,169
Debt – Dining Services 1,115,771 7,500
1,123,271
Debt – Education and General 2,556,727
(141,890)
2,414,837
Debt – Health Services 130,758 (2,400) 128,358
Debt – Housing Loan Funds 5,550,920 142,570
5,693,490
Debt – Memorial
Union
101,165 (550) 100,615
Debt – Ryan Center 388,558 1,671,909
2,060,467
Debt – Alton Jones Services
148,728 (200) 148,528
Debt – Boss Arena 71,913 (71,913) 0
Debt Parking Authority 757,871 (2,000)
755,871
Debt – Sponsored Research 101,425 0 101,425
Rhode Island Capital Plan Funds
Asset Protection 4,189,500
607,949
4,797,449
Superfund 954,000 0
954,000
Lippitt Hall 4,605,000 0
4,605,000
Total – University of Rhode Island 510,880,082
11,227,709 522,107,791
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 (1,403,827)
44,346,720
Debt Service 2,944,957 (89,027) 2,855,930
RIRBA – Rhode Island College 336,386 0 336,386
University and College
Funds
University and College Funds 82,943,953
(441,469) 82,502,484
Debt – Education and General 295,152 0 295,152
Debt – Housing 494,417 0
494,417
Debt – Student Center and Dining 172,061 0 172,061
Debt – Student Union 172,194 0 172,194
Rhode Island Capital Plan
Funds
Asset Protection 1,819,125 293,532 2,112,657
Total – Rhode Island College 134,928,792
(1,640,791)
133,288,001
Notwithstanding the provisions of section 35-3-15 of the general
laws, all unexpended or
unencumbered balances as of
June 30, 2008 relating to Rhode Island College are hereby
reappropriated to fiscal year
2009.
Community College of Rhode
Island
General Revenues
General Revenues 49,254,318 (1,434,029)
47,820,289
Debt Service 1,406,894 (25,630)
1,381,264
Restricted Receipts 693,520 (52,872) 640,648
University and College Funds
University and College Funds 58,716,203
1,492,226
60,208,429
Debt – Bookstore 176,504 (30,837) 145,667
Rhode Island Capital Plan Funds
Knight Campus Nursing Program 60,000 0 60,000
Fire Code and HVAC 1,700,000 0 1,700,000
Asset Protection 1,157,625
1,492,425
2,650,050
Total – Community College of RI 113,165,064
1,441,283 114,606,347
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 12,827,928 783,663,952
RI State Council on the
Arts
General Revenues
Operating Support 757,476 (24,105) 733,371
Grants 2,020,168 (54,545) 1,965,623
Federal Funds 706,453 (34,810) 671,643
Restricted Receipts 0 200,000 200,000
Arts for Public Facilities 3,000,000 (2,000,000)
1,000,000
Grand Total - RI State Council on the Arts 6,484,097 (1,913,460) 4,570,637
RI Atomic Energy
Commission
General Revenues 819,869 (21,042) 798,827
Federal Funds 420,940 116,337
537,277
URI Sponsored Research 190,654
49,105
239,759
Rhode Island Capital Plan Funds-
RINSC Parking Lot Repair 50,000 0 50,000
Grand Total - RI Atomic Energy Commission 1,481,463 144,400 1 ,625,863
RI Higher Education
Assistance Authority
General Revenues
Needs Based Grants and Work Opportunities 10,000,000 (756,500) 9,243,500
Authority Operations and Other Grants 1,019,684 (43,392)
976,292
Federal Funds 12,612,204 (245,802) 12,366,402
Tuition Savings Program – Administration 5,718,516 1,403,121
7,121,637
Grand Total - Higher Education Assistance
Authority 29,350,404 357,427
29,707,831
RI Historical Preservation
and Heritage Commission
General Revenues 1,577,792 (90,480)
1,487,312
Federal Funds 529,078 18,598
547,676
Restricted Receipts
496,294 (4,301)
491,993
Grand Total – RI Historical Preservation
and Heritage Commission 2,603,164 (76,183)
2,526,981
RI Public Telecommunications
Authority
General Revenues 1,363,654 (47,458) 1,316,196
Corporation for Public Broadcasting 799,656
(65,621) 734,035
Grand Total – RI Public Telecommunications
Authority 2,163,310 (113,079)
2,050,231
Attorney General
Criminal
General Revenues 12,988,267 66,239
13,054,506
Federal Funds 1,322,964 (48,334)
1,274,630
Restricted Receipts 339,183 (7,046)
332,137
Total – Criminal 14,650,414 10,859 14,661,273
Civil
General Revenues 4,897,204 (764,256) 4,132,948
Restricted Receipts 634,364 (25,927)
608,437
Total – Civil 5,531,568 (790,183)
4,741,385
Bureau of Criminal
Identification
General Revenues 1,017,634 (52,458)
965,176
Federal Funds 56,500 61,387 117,887
Total - Bureau of Criminal Identification 1,074,134 8,929
1,083,063
General
General Revenues 2,432,200 41,599 2,473,799
Rhode Island Capital Plan Funds-
Building Renovations and Repairs 215,000
189,880 404,880
Total – General 2,647,200 231,479
2,878,679
Grand Total - Attorney General 23,903,316
(538,916)
23,364,400
Corrections
Central
Management
General Revenues 10,466,116 (1,377,661) 9,088,455
Federal Funds 359,452 (219,337)
140,115
Total - Central Management 10,825,568
(1,596,998) 9,228,570
Parole
Board
General Revenues 1,259,056 (44,744)
1,214,312
Federal Funds 33,002 37,998
71,000
Total - Parole Board 1,292,058
(6,746)
1,285,312
Institutional
Corrections
General Revenues 160,571,643 (625,118)
159,946,525
Federal Funds 2,034,829
533,318
2,568,147
Rhode Island Capital Plan Funds
Reintegration Center State Match 1,195,123
1,123,897 2,319,020
General Renovations - Maximum 400,000 3,105
403,105
General Renovations – Women’s 1,000,000
26,103 1,026,103
Women’s Bath Room Renovations 856,000 0
856,000
Work Release Roof 497,000 484,644 981,644
Asset Protection 2,500,000 721,711 3,221,711
Total - Institutional Corrections 169,054,595
2,267,660
171,322,255
Community
Corrections
General Revenues 15,657,717 (1,355,914)
14,301,803
Federal Funds 380,217 424,080
804,297
Total – Community Corrections 16,037,934
(931,834) 15,106,100
Grand Total – Corrections 197,210,155 (267,918)
196,942,237
Judiciary
Supreme
Court
General Revenues
General Revenues 25,903,138 (111,263)
25,791,875
Defense of Indigents
3,065,689 (82,774)
2,982,915
Judicial Tenure and Discipline 119,705 (3,263) 116,442
Federal Funds 121,590 243,878 365,468
Restricted Receipts 1,131,337 323,722 1,455,059
Rhode Island Capital Plan Funds
Judicial HVAC 400,000 0 400,000
Garrahy Lighting and Ceiling 600,000 0 600,000
Blackstone Valley Courthouse Feasibility Study 0 83,080
83,080
Asset Protection 450,000 717 450,717
Total - Supreme Court 31,791,459 454,097
32,245,556
Superior
Court
General Revenues 20,417,996 (823,031)
19,594,965
Federal Funds 535,427 (318,518)
216,909
Total - Superior
Court
20,953,423
(1,141,549) 19,811,874
Family
Court
General Revenues 17,793,670 (136,287)
17,657,383
Federal Funds 1,407,102 690,273
2,097,375
Total - Family Court 19,200,772 553,986 19,754,758
District Court General
Revenues 10,505,649 (669,370)
9,836,279
Traffic Tribunal General
Revenues 7,159,070 (339,013)
6,820,057
Workers' Compensation
Court
Restricted Receipts 7,387,455 (181,507)
7,205,948
Grand Total – Judiciary 96,997,828 (1,323,356)
95,674,472
Military Staff
National
Guard
General Revenues 1,761,132 (6,069) 1,755,063
Federal Funds 9,288,875 (272,699)
9,016,176
Restricted Receipts 145,000 15,000 160,000
Rhode Island Capital Plan Funds
Federal Armories Fire Code Comp. 118,750
(59,355) 59,395
AMC – Roof Replacement 644,000 0 644,000
State Armories Fire Code Comp. 250,000
(65,625) 184,375
Asset Protection 210,000 55,650 265,650
Quonset Hangar
0 1,335,000 1,335,000
Logistics/Maint Facilities Fire Code Comp 100,000 (50,000) 50,000
Woonsocket Building Demolition 71,250 0
71,250
Schofield Armory Rehabilitation 0 170,471 170,471
Total - National Guard 12,589,007 1,122,373
13,711,380
Emergency Management
General Revenues 802,732 (59,800) 742,932
Federal Funds 11,305,824 12,323,206
23,629,030
Restricted Receipts 262,532 (121,028) 141,504
Total - Emergency Management 12,371,088
12,142,378 24,513,466
Grand Total - Military Staff 24,960,095
13,264,751
38,224,846
E-911 Emergency Telephone
System
General Revenues 4,733,109 146,258 4,879,367
Federal Funds 0 500,000
500,000
Restricted Receipts 1,296,943 (422,228) 874,715
Grand Total - E-911 Emergency Telephone System 6,030,052
224,030
6,254,082
Fire Safety Code Board of
Appeal and Review
General Revenues 303,435 (13,605) 289,830
State Fire Marshal
General Revenues 2,671,285 (316,587) 2,354,698
Federal Funds 227,972 810,505
1,038,477
Grand Total - State Fire Marshal 2,899,257
493,918
3,393,175
Rhode Island Justice
Commission
General Revenues 160,815 71,038 231,853
Federal Funds
4,151,511 358,171 4,509,682
Restricted Receipts 30,000 103,000 133,000
Grand Total - Rhode Island Justice Commission 4,342,326
532,209
4,874,535
Municipal Police Training
Academy
General Revenues 429,252 (1,438) 427,814
Federal Funds 50,000 16,400
66,400
Grand Total - Municipal Police Training Academy 479,252 14,962 494,214
State Police
General Revenues 52,058,385 (1,369,464)
50,688,921
Federal Funds 1,091,916 1,275,632
2,367,548
Restricted Receipts 312,100 149,347 461,447
Traffic Enforcement - Municipal Training 378,924 (37,290) 341,634
Rhode Island Capital Plan Funds
Barracks & Training 150,000 0 150,000
State Police Training Academy 5,000,000
(3,000,000)
2,000,000
State Police Headquarters Repair 0
134,682 134,682
Lottery Commission Assistance 142,099 (4,947)
137,152
Airport Corporation
143,923
(5,768)
138,155
Road Construction
Reimbursement 2,366,598 (10,894)
2,355,704
Grand Total - State Police 61,643,945 (2,868,702)
58,775,243
Office of Public Defender
General Revenues 9,324,951 (308,995)
9,015,956
Federal Funds 421,833 (62,917)
358,916
Grand Total - Office of Public Defender 9,746,784 (371,912) 9,374,872
Environmental Management
Office of the
Director
General Revenues 6,043,464 (275,486) 5,767,978
Federal Funds 556,097 (133,858)
422,239
Restricted Receipts 2,504,573 3,550 2,508,123
Total – Office of the Director 9,104,134
(405,794) 8,698,340
Natural Resources
General Revenues 18,318,004 (416,630)
17,901,374
Federal Funds 17,159,404 750,541 17,909,945
Restricted Receipts 3,829,816 (299,322) 3,530,494
DOT Recreational Projects 117,996 (47,985) 70,011
Blackstone Bikepath Design
787,890 424
788,314
Rhode Capital Plan Funds
Dam Repair 300,000 0
300,000
Recreational Facilities Improvement 1,000,000
143,793
1,143,793
Fort Adams Rehabilitation 250,000 0 250,000
Jamestown Fishing Pier 100,000 0 100,000
Wickford Marine Facility 0 510,000 510,000
Galilee Piers Upgrade 400,000 60,101
460,101
Newport Piers 950,000 0
950,000
Total - Natural Resources 43,213,110 700,922
43,914,032
Environmental
Protection
General Revenues 12,051,532 (1,507,422)
10,544,110
Federal Funds 10,438,032 2,087,244 12,525,276
Restricted Receipts 10,611,052 (577,797)
10,033,255
Rhode Island Capital Plan Funds
Rosehill Landfill Superfund Site 0 1,275,000 1,275,000
Total - Environmental Protection 33,100,616
1,277,025 34,377,641
Grand Total - Environmental Management 85,417,860 1,572,153 86,990,013
Coastal Resources
Management Council
General Revenues 1,879,559 61,086 1,940,645
Federal Funds 1,607,000 163,436
1,770,436
Restricted Receipts 1,022,100 (627,100) 395,000
Rhode Island Capital Plan Funds
Habitat Restoration Allin’s Cove 0 5,500 5,500
Providence River Dredging 0 1,590,590 1,590,590
Grand Total - Coastal Resources Mgmt. Council 4,508,659
1,193,512
5,702,171
State Water Resources
Board
General Revenues 1,893,081 (264,111) 1,628,970
Restricted Receipts 400,000 0 400,000
Rhode Island Capital Plan Funds
Big River Management Area 92,000 9,835 101,835
Grand Total - State Water Resources Board 2,385,081 (254,276) 2,130,805
Transportation
Central
Management
Federal Funds Total 17,166,840 621,162
17,788,002
Gasoline Tax 3,711,727 (2,153,547)
1,558,180
Total - Central Management
20,878,567 (1,532,385)
19,346,182
Management and Budget
Gasoline Tax 3,010,397 (715,433)
2,294,964
Infrastructure Engineering –
GARVEE/Motor Fuel Tax Bond
Federal Funds 257,540,116 (35,902,960)
221,637,156
Restricted Receipts 661,834 782,874 1,444,708
Gasoline Tax 46,094,158
1,988,629
48,082,787
Land Sale Revenue 2,000,000 7,345,600 9,345,600
State Infrastructure Bank 1,000,000 343,714
1,343,714
Rhode Island Capital Plan Funds
RIPTA - Land and Buildings 2,305,486 (1,947,290) 358,196
Pawtucket – Central Falls Train Station 40,000
247
40,247
Total - Infrastructure – Engineering 309,641,594 (27,389,186)
282,252,408
Infrastructure Maintenance
Gasoline Tax 39,478,984 2,192,800
41,671,784
Non-Land Surplus Property 287,523 48,808 336,331
Outdoor Advertising 18,809 483,914 502,723
Radio System Upgrade 0 335,000 335,000
Rhode Island Capital Plan Funds
Cherry Hill/Lincoln Facility 625,000 0
625,000
Maintenance Facilities 200,000 0 200,000
Total - Infrastructure Maintenance 40,610,316
3,060,522 43,670,838
Grand Total – Transportation 374,140,874 (26,576,482)
347,564,392
Statewide Totals
General Revenues 3,403,638,116 (33,269,445)
3,370,368,671
Federal Funds 2,010,642,340 28,870,680
2,039,513,020
Restricted Receipts 162,635,736 (4,122,133)
158,513,603
Other Funds 1,400,492,417
55,851,448
1,456,343,865
Statewide Grand Total 6,977,408,609 47,330,550
7,024,739,159
SECTION 2. Each line appearing in Section 1 of this Article
shall constitute an
appropriation.
SECTION 3. Notwithstanding any provisions of Chapter 19 in
Title 23 of the Rhode
Island General Laws, the
Rhode Island Resource Recovery Corporation shall transfer to the State
Controller the sum of five
million dollars ($5,000,000) by June 30, 2008. The Rhode Island
Resource Recovery Corporation
shall fund from Corporation resources a forensic audit of the
Corporation’s
finances.
SECTION 4. 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, 2008.
SECTION 5. Notwithstanding
any provisions of Chapter 55 in Title 42 of the Rhode
Island General Laws, the
Rhode Island Housing and Mortgage Finance Corporation shall transfer
to the State Controller the
sum of twenty six million twenty thousand two hundred forty-seven
dollars ($26,020,247) by June
30, 2008.
SECTION 6. Notwithstanding
any provisions of Chapter 8.1 in Title 35 of the Rhode
Island General Laws, the
Rhode Island Refunding Bond Authority shall transfer to the State
Controller the sum of three
hundred twenty three thousand nine hundred seventy six dollars
($323,976) and any additional
accumulated interest as of the date of the transfer by June 30,
2008.
SECTION 7. Pursuant to
Chapter 7 in Title 13 of the Rhode Island General Laws, the
State Controller shall
transfer the sum of one million two hundred fifty thousand dollars
($1,250,000) from the
Correctional Industries Fund to general fund by June 30, 2008.
SECTION 8. (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 2008 FY 2008 FY 2008
Account
Enacted Change Final
State Assessed Fringe Benefit
Internal Service Account 29,966,436
817,829
30,784,265
Administration Central
Utilities Internal Service Account 19,490,769
4,379,225 23,869,994
State Central Mail Internal
Service Account 5,683,450 (48,816)
5,634,634
State Telecommunications
Internal Service Account
3,020,022 82,601 3,102,623
State Automotive Fleet
Internal Service Account
14,649,606 (31,427) 14,618,179
State Fleet Replacement
Revolving Loan Fund
0 6,350,000 6,350,000
State Surplus Property
Internal Service Account
15,715 0 15,715
Capitol Police Internal
Service Account
580,935 (27,208) 553,727
Health Insurance Internal
Service Fund
258,553,614 (20,820,540) 237,733,074
MHRH Central Pharmacy
Internal Service Account
10,274,366 (89,055) 10,185,311
MHRH Laundry Services
Internal Service Account
1,266,493 116,718
1,383,211
Corrections General Services
& Warehouse Internal Service
Account
6,054,815 189,372
6,244,187
Correctional Industries
Internal Service Account
7,455,680 198,258
7,653,938
Secretary of State Record
Center Internal Service Account 1,177,788 (320,005) 857,783
SECTION 9. Departments and
agencies listed below may not exceed the number of full-
time equivalent (FTE)
positions shown below in any pay period. Full-time equivalent positions
do not include seasonal or
intermittent positions whose scheduled period of employment does not
exceed twenty-six consecutive
weeks or whose scheduled hours do not exceed nine hundred and
twenty-five (925) hours,
excluding overtime, in a one-year period. Nor do they include
individuals engaged in
training, the completion of which is a prerequisite of employment.
Provided, however, that the
Governor or designee, Speaker of the House of Representatives or
designee, and President of
the Senate or designee may authorize an adjustment to any limitation.
Prior to the authorization,
the State Budget Officer shall make a detailed written recommendation
to the Governor, the Speaker
of the House, and the President of the Senate. A copy of the
recommendation and
authorization to adjust shall be transmitted to the chairman of the House
Finance Committee, the
chairman of the Senate Finance Committee, the House Fiscal Advisor
and the Senate Fiscal
Advisor.
Departments and Agencies Full-Time
Equivalent
Administration
1,032.9 1,032.8
Business Regulation
105.0 102.0
Labor and Training
454.9 417.5
Revenue
475.0 465.0
Legislature 298.2
297.9
Office of the Lieutenant
Governor
9.5 9.0
Secretary of State 58.0
General Treasurer
88.0
Board of Elections 14.0
Rhode Island Ethics
Commission
12.0
Office of the Governor 44.0
45.0
Commission for Human
Rights
14.5
Public Utilities
Commission 45.7 45.0
Rhode Island Commission on
Women
1.0
Office of Health and Human
Services 5.0
6.0
Children, Youth, and
Families
805.0 788.5
Elderly Affairs
46.0 44.0
Health 459.0
437.1
Human Services
1,109.0 1,067.6
Mental Health, Retardation,
and Hospitals 1,761.0 1,657.6
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
Office of the Mental Health
Advocate
3.7
Elementary and Secondary
Education 335.2
332.0
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 Council on the
Arts 8.6
RI Atomic Energy
Commission
8.6
Higher Education Assistance
Authority
46.0
42.6
Historical Preservation and
Heritage Commission
17.6
Public Telecommunications
Authority
20.0
Office of the Attorney
General
234.8
Corrections
1,508.6 1,515.0
Judicial 732.5
732.3
Military Staff
110.0 104.0
E-911 Emergency Telephone
System 53.6
53.5
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
272.0 268.0
Office of the Public
Defender 93.5
Environmental Management
491.4 482.0
Coastal Resources Management
Council
30.0
Water Resources Board
9.0 6.0
Transportation
773.7 733.2
Total 15,202.3
15,688.7
SECTION 10. This article
shall take effect upon passage.
ARTICLE 2
RELATING TO STATE FLEET
REPLACEMENT REVOLVING LOAN FUND
SECTION 1. Chapter
42-11 of the General Laws entitled “Department of
Administration” is hereby amended by adding thereto
the following section:
42-11-2.4 State
Fleet Replacement Revolving Loan Fund. -- (a) There is hereby
created as a separate fund within the treasury to be
known as the state fleet replacement revolving
loan fund which shall be administered by the general
treasurer in accordance with the same laws
and fiscal procedures as the general funds of the
state. This fund, hereafter referred to as the
“revolving loan fund”, shall consist of such sums as
the state may from time to time appropriate,
as well as money received from the disposal of used
vehicles, loan, interest and service charge
payments from benefiting state agencies, as well as
interest earnings, money received from the
federal government, gifts, bequests, donations, or
otherwise from any public or private source.
(b) This fund shall
be used for the purpose of acquiring motor vehicles, both new and
used, and vehicle-related equipment and attachments
for state departments and agencies.
(c) The proceeds
from the repayment of any loans made for the purposes authorized
under this chapter shall be deposited in and
returned to the revolving loan fund in order to
constitute a continuing revolving fund for the
purposes listed above.
(d) The office of
state fleet operations of the Rhode Island department of administration
shall adopt rules and regulations consistent with
the purposes of this chapter and chapter 35 of
title 42, in order to provide for the orderly and
equitable disbursement and repayment of funds
from the revolving loan fund.
SECTION 2. This
article shall take effect as of July 1, 2007.
ARTICLE 3
RELATING
TO PUBLIC FINANCE – DEBT MANAGEMENT
SECTION 1. Article 5, Substitute A as amended, Section 4 of Chapter 73 of the 2007
Public Laws entitled “An Act Making Appropriations for the Support of the State for the Fiscal
Year Ending June 30, 2008” is hereby repealed.
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 2. Article 7 Substitute A as amended, Section 9 of Chapter 246 of the 2006
Public Laws entitled “An Act Making Appropriations for the Support of the State for the Fiscal
Year Ending June 30, 2007” is hereby repealed.
SECTION
9. Student Athlete Development Center
WHEREAS,
The University of Rhode Island is proposing a project which involves the
construction of a Student
Athlete Development Center located adjacent to and part of the Keaney
Gymnasium and Tootell Center at
the University of Rhode Island's Kingston Campus; and
WHEREAS,
The project will involve the construction of the Center and the renovation to
portions of Keaney Gymnasium and
Tootell Center that will be utilized in support of the Center;
and
WHEREAS,
The student athlete development facilities that currently support University
of Rhode Island student athletes
are outdated, inadequate, and in disrepair; and
WHEREAS,
The infrastructure of the University is critical to the success of student
athletes and the University; and
WHEREAS,
Funding for this project will be financed through Rhode Island Health and
Educational Building Corporation
revenue bonds; and
WHEREAS,
The project costs are estimated to be $7,000,000. The total financing
obligation of the University
would be approximately $7,210,000, with $7,000,000 deposited in
the construction fund, and
$210,000 available to pay the associated costs of financing. Total
payments on the University's
obligation over twenty (20) years on the $7,210,000 issuance are
projected to be $11,200,000,
assuming an average interest rate of 4.75 percent; and
WHEREAS,
Debt service payments would be supported by University general revenues;
now, therefore be it
RESOLVED,
That this General Assembly hereby approved financing in an amount not to
exceed $7,210,000 for the
construction of a Student Athlete Development Center; and be it
further
RESOLVED,
That this Joint Resolution shall take effect immediately upon its passage by
this General Assembly.
SECTION 3. This act shall take effect upon passage.
ARTICLE 4
RELATING TO RETIREE HEALTH BENEFITS FUNDING
SECTION 1. Section 36-10-2 of the General Laws in Chapter 36-10 entitled “Retirement
System – Contributions and Benefits” is hereby
amended to read as follows:
36-10-2. State
contributions. – (a) The State of Rhode Island shall make its
contribution
for the maintenance of the system, including the
proper and timely payment of benefits in
accordance with the provisions of this chapter and
chapters 8, 16, 28, 31 and 42 of this title, by
annually appropriating an amount equal to a
percentage of the total compensation paid to the
active membership. The percentage shall be computed
by the actuary employed by the retirement
system and shall be certified by the retirement
board to the director of administration on or before
the fifteenth day of October in each year. In
arriving at the yearly employer contribution the
actuary shall determine the value of:
(1) The contributions
made by the members;
(2) Income on
investments; and
(3) Other income of
the system.
(b) The Actuary shall
thereupon compute the yearly employer contribution that will:
(1) Pay the actuarial
estimate of the normal cost for the next succeeding fiscal year;
(2) Amortize the
unfunded liability of the system as of June 30, 1999 utilizing a time
period not to exceed thirty (30) years.
(c) The State of Rhode
Island shall remit to the general treasurer the employer's share of
the contribution for state employees, state police,
and judges on a payroll frequency basis, and for
teachers in a manner pursuant to § 16-16-22.
(d) From the rate
percent computed pursuant to subsection (b), the state shall contribute a
sum equal to one eighth of one percent (0.125%) of
each member's rate of compensation and an
additional sum equal to one eighth of one percent
(0.125%) of each member's rate of
compensation effective July 1, 1990, as the state's
share of the cost of providing retiree health
benefits in accordance with the provisions of §
36-10-4. Contributions shall be actuarially
adjusted to reflect refunds made to employees. The
contribution shall be placed in a restricted
fund and shall be used solely for providing health
benefits to retirees as provided in § 36-12-4.
The adequacy of the fund will be actuarially
reevaluated during the fiscal year prior to July 1,
1993, to determine the required amount to maintain
this benefit in effect. If at any time during the
aforementioned period the cost for health coverage
exceeds the contributions in the restricted
fund account, the state shall assume the liability
for that cost by making advances to the restricted
fund which advances shall be repaid from any
subsequent excess funds in the restricted fund.
(e) In accordance
with the intent of § 36-8-20 that the retirement system satisfy the
requirements of § 401(a) of the Internal Revenue
Code of 1986 as amended [26 U.S.C. § 401(a)],
the restricted fund for providing health benefits to
retirees described in subsection (d) shall
constitute a separate retiree medical benefits
account within the meaning of § 401(h) of the code
[26 U.S.C. § 401(h)] and the account shall be
administered in accordance with the applicable
requirements. Prior to the satisfaction of all
retiree health liabilities no part of the corpus or
income of the account shall be used for, or diverted
to, any purpose other than the payment of
retiree medical benefits in accordance with the
provisions of § 36-12-4. However, this
requirement shall not restrict the collective
investment of funds of that account with funds of the
retirement account. Following the satisfaction of
all retiree health liabilities, any funds remaining
in the retiree medical benefits account shall be
paid to the state.
(f)(d)(1)
In accordance with the intent of § 36-8-20 that the retirement system satisfy
the
requirements of § 401(a) of the Internal Revenue
Code of 1986, the state shall pay to the
retirement system:
(i) By June 30, 1995,
an amount equal to the sum of the benefits paid to state legislators
pursuant to § 36-10-10.1 in excess of ten thousand
dollars ($10,000) per member (plus accrued
interest on such amount at eight percent (8%)) for
all fiscal years beginning July 1, 1991, and
ending June 30, 1995, but this amount shall be paid
only if § 36-10-10.1(e) becomes effective
January 1, 1995; and
(ii) By December 31,
1994, twenty million seven hundred eighty eight thousand eight
hundred twelve dollars and nineteen cents
($20,788,812.19) plus accrued interest on that amount
at eight percent (8%) compounded monthly beginning
March 1, 1991, and ending on the date this
payment is completed (reduced by amortized amounts
already repaid to the retirement system
with respect to the amounts withdrawn by the state
during the fiscal year July 1, 1990 – June 30,
1991); and
(iii) By June 30,
1995, the sum of the amounts paid by the retirement system for retiree
health benefits described in § 36-12-4 for all
fiscal years beginning July 1, 1989, and ending June
30, 1994, to the extent that the amounts were not
paid from the restricted fund described in
subsection (c).
(2) Any and all amounts
paid to the retirement system under this subsection shall not
increase the amount otherwise payable to the system
by the state of Rhode Island under
subsection (a) for the applicable fiscal year. The
actuary shall make such adjustments in the
amortization bases and other accounts of the
retirement system as he or she deems appropriate to
carry out the provisions and intent of this
subsection.
(g)(e)In
addition to the contributions provided for in subsection (a) through (c) and in
order to provide supplemental employer contributions
to the retirement system, commencing in
fiscal year 2006, and each year thereafter:
(1) For each fiscal
year in which the actuarially determined state contribution rate for
state employees is lower than that for the prior
fiscal year, the governor shall include an
appropriation to that system equivalent to twenty
percent (20%) of the rate reduction for the
state's contribution rate for state employees to be
applied to the actuarial accrued liability of the
state employees' retirement system for state
employees for each fiscal year;
(2) For each fiscal
year in which the actuarially determined state contribution rate for
teachers is lower than that for the prior fiscal
year, the governor shall include an appropriation to
that system equivalent to twenty percent (20%) of
the rate reduction for the state's share of the
contribution rate for teachers to be applied to the
actuarial accrued liability of the state employees'
retirement system for teachers for each fiscal year;
(3) The amounts to be
appropriated shall be included in the annual appropriation bill and
shall be paid by the general treasurer into the
retirement system.
(h)(f)
While the retirement system's actuary shall not adjust the computation of the
annual
required contribution for the year in which
supplemental contributions are received, such
contributions once made may be treated as reducing
the actuarial liability remaining for
amortization in the next following actuarial
valuation to be performed.
SECTION 2. Sections
36-12-2.2 and 36-12-4 of the General Laws in Chapter 36-12
entitled “Insurance Benefits” are hereby amended to
read as follows:
36-12-2.2.
Disabled retired employees -- Hospital care and surgical-medical service
benefits. -- Any disabled retired employee of the
state of Rhode Island shall have the right to
purchase hospital care and surgical-medical service
benefits as set forth in section 36-12-2 and as
are received by classified employees. Payment for
the coverage shall be at the same group rate
used by the state in making payment for state
employees and shall be deducted from the
purchaser's retirement benefits received pursuant to
chapter 10 of this title. Notwithstanding any
other provision of the law to the contrary, an
employee of the state of Rhode Island who retires
under the provisions of title 36 of the Rhode Island
general laws with a disability pension benefit
shall receive only the following state-sponsored
health care and subsidies.
(a) Disabled
retired employees who retire on or before September 30, 2008, and who are
at least sixty (60) years of age as of September 30,
2008.
(1) Any disabled
retired employee of the state of Rhode Island who retires on or before
September 30, 2008, and is at least sixty (60) years
of age as of September 30, 2008, will be
eligible until age sixty-five (65) to continue to
purchase hospital care and surgical-medical
service benefits as set forth in section 36-12-2 and
as are received by classified employees.
Furthermore, if he/she retired subsequent to July 1,
1989, he/she shall receive for himself or
herself a subsidy on the individual medical plan in
accordance with the following formula until
attaining age sixty-five (65):
Years of service
State's share Employee's share
10-15 50% 50%
16-22 70% 30%
23-27 80% 20%
28+ 100% 0%
(2) Any disabled
retired employee of the state of Rhode Island who retires on or before
September 30, 2008, and is at least sixty-five (65)
years of age as of September 30, 2008, will be
eligible to continue to purchase hospital care and
surgical-medical service benefits as set forth in
section 36-12-2 and as are received by classified
employees. Furthermore, if he/she retired
subsequent to July 1, 1989, he/she shall receive for
himself or herself a subsidy on his or her
individual medical plan in accordance with the
following formula applied to the cost of the
Medicare supplemental plan:
Years of service
State's share Employee's share
10-15 50% 50%
16-19 70% 30%
20-27 90% 10%
28+ 100% 0%
(3) Payment for the
coverage shall be at the same group rate used by the state in making
payment for state employees.
(b) Disabled retired
employees who retire after September 30, 2008, or are under sixty
(60) years of age on September 30, 2008. Any
disabled retired employee of the state of Rhode
Island who retires after September 30, 2008, or any
disabled retired employee of the state of
Rhode Island who is under sixty (60) years of age on
September 30, 2008, will be eligible to
receive state-sponsored medical coverage and
subsidies as follows:
(1) If the retiree
is under fifty-nine (59) years of age, the retiree shall have the right to
purchase hospital care and surgical-medical service
benefits as set forth in section 36-12-2 and as
are received by classified employees. Payment for
the coverage shall be at the same group rate
used by the state in making payment for state employees.
Furthermore, if the
retiree is under fifty-nine (59) years of age, and retired after July 1,
1989, and before September 30, 2008, and the retiree
had a minimum of twenty-eight (28) years
of total service, he/she shall receive for himself or
herself a ninety percent (90%) subsidy on the
individual medical plan until attaining age
fifty-nine (59).
(2) At age
fifty-nine (59) the retiree and his/her dependents shall be eligible only for
enrollment in the medical plans available to non-disabled
state employee retirees. If the retiree
has a minimum of ten (10) years of contributory
service, and up to twenty (20) years of total
service, the retiree will be eligible for a fifty
percent (50%) state subsidy on the cost of the
individual retiree medical plan. If the retiree has
a minimum of ten (10) years of contributory
service, and twenty (20) years or more of total
service, the retiree will be eligible for an eighty
percent (80%) state subsidy on the cost of the
individual retiree medical plan. The retiree is
responsible for full payment for any additional
dependent plans.
(c) Disabled
retired employees who retire after September 30, 2008, or are under sixty-
five (65) years of age on Septemer 30, 2008. Any disabled
retired employee of the state of Rhode
Island who retires after September 30, 2008, or any
disabled retired employee of the state of
Rhode Island who is under sixty-five (65) years of
age on September 30, 2008, will be eligible to
receive only the following state-sponsored medical
coverage and subsidies upon attaining age
sixty-five (65):
(1) If the retiree
is eligible for Medicare at age sixty-five (65), the retiree and spouse shall
enroll in a state-sponsored Medicare supplemental
plan.
(2) If a retiree is
not eligible for Medicare at age sixty-five (65), the retiree may remain in
the same medical plan that the retiree was enrolled
in prior to attaining age sixty-five (65).
(3) If the retiree
has a minimum of ten (10) years of contributory service, and up to
twenty (20) years of total service, the retiree will
receive a fifty percent (50%) state subsidy based
on the cost of the individual Medicare supplemental
plan. If the retiree has a minimum of ten (10)
years of contributory service and twenty (20) years
or more of total service, the retiree will be
eligible for an eighty percent (80%) state subsidy
based on the cost of the individual Medicare
supplemental plan. The retiree is responsible for
full payment for any additional dependent plans.
(d) Payments for
retiree and dependent medical coverage shall be deducted from the
purchaser's retirement benefits received pursuant to
chapter 10 of this title.
36-12-4.
Coverage of retired employees. -- (a) Retired employees who retire
on or
before Sepember 30, 2008. Any retired employee who
retired on or before September 30, 2008
shall be entitled to be covered under §§ 36-12-1 –
36-12-5 for himself and herself and, if he or
she so desires, his or her dependents, upon agreeing
to pay the total cost of his or her contract at
the group rate for the active state employees.
Payments of any retired employee for coverage
shall be deducted from his or her retirement
allowance and remitted from time to time in payment
for such contract. In addition, any retired
employee who retired on or before September 30, 2008
shall be permitted to purchase coverage for his or
her dependents upon agreeing to pay the
additional cost of the contract at the group rate
for active state employees. Payment for coverage
for dependents shall be deducted from his or her
retirement allowances and remitted as required
in payment for the contract.
(b) State employees
who retire subsequent to July 1, 1989, and on or before September
30, 2008. Employees who retire subsequent to July 1, 1989,
and on or before September 30,
2008, from active service of the state, and who were
employees of the state as determined by the
retirement board under § 36-8-1, shall be entitled
to receive for himself or herself a retiree health
care insurance benefit as described in § 36-12-1 in
accordance with the following formula:
Years of Age State’s
Employee’s
Service at Retirement Share Share
10-15 60 50% 50%
16-22 60 70% 30%
23-27 60 80% 20%
28+ -- 90% 10%
28+ 60 100% 0%
35+ any 100% 0%
If the retired
employee is receiving a subsidy on September 30, 2008, the state will
continue to pay the same subsidy share until the
retiree attains age sixty-five (65).
(c) When the
retiree reaches that age which will qualify him or her for Medicare
Supplement the formula shall be:
Years of State’s Employee’s
Service Share Share
10-15 50% 50%
16-19 70% 30%
20-27 90% 10%
28+ 100% 0%
(c) Retired
employees who retire on or after October 1, 2008. Any retired employee
who retires on or after
October 1, 2008 shall be entitled to be covered under §§ 36-12-1 – 36-12-5
for himself and herself and,
if he or she so desires, his or her dependents, upon agreeing to pay
the total cost of the
contract in the plan in which he or she enrolls. Payments of any retired
employee for coverage shall
be deducted from his or her retirement allowance and remitted from
time to time in payment for
such contract. Any retired employee who retires on or after October
1, 2008, shall be permitted
to purchase coverage for his or her dependents upon agreeing to pay
the additional cost of the
contract at the group rate for the plan in which the dependent is enrolled.
Payment for coverage for
dependents shall be deducted from the retired employee’s retirement
allowances and remitted as
required in payment for the contract. The Director of Administration
shall develop and present to
the chairpersons of the House Finance Committee and the Senate
Finance Committee by May 23,
2008 a retiree health plan option or options to be offered to
retirees eligible for
state-sponsored medical coverage who are under age sixty-five (65) or are not
eligible for Medicare. This
plan will have a reduced benefit level and will have an actuarially
based premium cost not
greater than the premium cost of the plan offered to the active state
employee population. This
new plan option will be available to employees retiring after
September 30, 2008,
and their dependents.
(d) If the retired
employee desires, he or she shall be permitted to purchase coverage for
his or her dependents upon agreeing to pay the
additional cost of the contract at the group rate for
active state employees. Payment for coverage for
dependents shall be deducted from his or her
retirement allowances and remitted as required in
payment for the contract.
(d) State employees
who retire on or after October 1, 2008. Employees who retire on or
after October 1, 2008 from active service of the
state, and who were employees of the state as
determined by the retirement board under § 36-8-1,
and who have a minimum of twenty (20)
years of service, and who are a minimum of
fifty-nine (59) years of age, shall be entitled to
receive for himself or herself a retiree health care
insurance benefit as described in § 36-12-1.
The State will subsidize 80% of the cost of the
health insurance plan for individual coverage in
which the retired state employee is enrolled in.
Payments of any retired employee for coverage
shall be deducted from his or her retirement
allowance and remitted from time to time in payment
for such contract.
(e) Retired employees,
including retired teachers, who are non-Medicare eligible and who
reach the age of sixty-five (65) shall be allowed to
continue to purchase group health care
insurance benefits in the same manner as those
provided to retired employees who have not
reached the age of sixty-five (65).
SECTION 3. Title 36 of
the General Laws entitled “Public Officers and Employees” is
hereby amended by adding thereto the following
chapter:
CHAPTER
36-12.1
RETIREE
HEALTH CARE TRUST FUND
36-12.1-1. Name
of act. -- This act shall be known as the “Health Insurance and
Benefits
Funding Act”.
36-12.1-2.
Statement of purpose. -- The purpose of the Health Insurance and
Benefits
Funding Act is to address the necessity of funding
the State’s unfunded liability for retiree health
care benefits required by recent accounting changes
and prudent resource management.
36-12.1-3.
Background. -- The general assembly finds that the State faces a
significant
unfunded liability associated with its retiree
health care benefits programs. To date, the State has
been funding retiree health care benefits on a
pay-as-you-go basis. Recently established
governmental accounting standards applicable to the
State require that the State account for such
unfunded costs on an accrued actuarial basis. An
actuarial study conducted by the State shows
that the State faces an unfunded future liability
for retiree health care benefits in excess of six
hundred million dollars ($600,000,000). The creation
and eventual funding of a dedicated trust
fund for the purpose of financing this liability on
accrued actuarial basis is fiscally prudent and
will produce significant benefits to the State.
36-12.1-4.
Definitions. -- The following words and phrases as used in the act,
unless a
different meaning is plainly required by the context,
shall have the following meanings:
(1) “Actuary” means
the actuary retained by the OPEB Board pursuant to §36-12.1-15
hereof.
(2) “Code” means
the Internal Revenue Code of 1986, as amended.
(3)
"Employer" means the state of Rhode Island.
(4)
"Employee" means all persons who are classified employees as the term
"classified
employee" is defined under § 36-3-3, and all
persons in the unclassified and non-classified
service of the state. This includes those
non-classified employees of the Board of Governors for
Higher Education, the Office of Higher Education,
the University of Rhode Island, Rhode Island
College, and the Community College of Rhode Island
pursuant to §16-59-1 et seq., who are
participants in the Board of Governors’ alternate
retirement plans.
(5) “GAAP” shall
mean generally accepted accounting principles.
(6) “GASB” shall
mean governmental accounting standards board.
(7) “GASB 43” shall
mean the rules promulgated by GASB governing the manner in
which financial statements issued by trusts
providing OPEB benefits must be prepared in
accordance with GAAP, as they may be amended from
time to time.
(8) “GASB 45” shall
mean the rules promulgated by GASB governing the manner in
which financial statements issued by employers
providing OPEB Benefits must be prepared in
accordance with GAAP, as they may be amended from
time to time.
(9) “OPEB” or “OPEB
Benefits” shall mean other post employment benefits, and shall
include, without limitation, retiree medical,
dental, prescription, vision care, life insurance, long
term care benefits and similar post–employment
benefits for a Retired Employee and/or his or her
Dependants.
(10) "OPEB
Board" shall mean the board established in §36-12.1-7 to administer the
OPEB System.
(11) "OPEB
System" shall mean the Rhode Island Employee’s OPEB System as defined
in §36-12.1-5.
(12) “OPEB Trust”
shall mean the trust fund or funds, including any sub-funds or sub-
trusts created by the OPEB Board pursuant to § 36-12
to hold assets of the OPEB System.
(13) “Party in
Interest” shall mean each member of the OPEB Board, each employee of
the OPEB Board, any individual or organization that renders
advice to the OPEB Board or the
OPEB System; any affiliate of such organization, and
any member of the immediate family of
any such individual.
(14) "Retired
Employee", means any person retired from the active service of the state,
as
determined by the retirement board under § 36-8-1,
and also all retired teachers who have elected
to come under the OPEB System, or any person who was
a non-classified employee of the Board
of Governors for Higher Education, the Office of
Higher Education, the University of Rhode
Island, Rhode Island College, or the Community
College of Rhode Island pursuant to §16-59-1 et
seq, and who is a participant in the Board of
Governors’ alternate retirement plans.
(15) “Alternate
retirement plans” shall mean those retirement plans provided by the
Board of Governors for Higher Education for its
non-classified employees, and those of the
Office of Higher Education, the University of Rhode
Island, Rhode Island College, and the
Community College of Rhode Island, pursuant to
§16-17.1-1 et seq.
36-12.1-5.
Establishment of OPEB system. -- An OPEB System is hereby
established
and placed under the management of the OPEB Board
for the purpose of providing and
administering OPEB Benefits for Retired Employees of
the State of Rhode Island and their
dependants under the provisions of chapter 36-12,
entitled “Insurance Benefits”, of this title, and
for retired non-classified employees who are
participants in the Board of Governors for Higher
Education’s alternate retirement plans. The OPEB
System so created shall begin operation as of
July 1, 2008. It shall have the power and privileges
of a corporation and shall be known as the
"Rhode Island State Employees’ and Electing
Teachers OPEB System" and by that name all of its
business shall be transacted.
36-12.1-6.
Responsibility for administration – rules and regulations. -- The
general
administration and the responsibility for the proper
operation of the OPEB System and for
making effective the provisions of chapter 36-12 of
this title are hereby vested in an OPEB
Board. The OPEB Board shall, from time to time,
establish rules and regulations for the
administration and transaction of the business of
the OPEB System. Rules and regulations which
have been or may be established pursuant to the
provisions of this chapter shall be compiled,
codified, and published so that they shall be
generally available to the members of the system.
The OPEB Board shall also perform such other
functions as are required for the execution of
chapters 12, 12.1 and 12.2 of this title. In its
discretion, the OPEB Board may issue regulations
governing the application of this Chapter.
36-12.1-7.
Composition of the OPEB board. -- (a) The OPEB Board shall consist of
the State Controller, the State Budget Officer, the
State Personnel Administrator and the General
Treasurer, or their designees.
36-12.1-8.
Meetings of the OPEB board. -- Meetings shall be held at such place
as
may be designated in the call of the meeting,
provided at no cost to the state, at the call of the
chairperson.
36-12.1-9.
Duties of the OPEB board. -- The OPEB Board shall be responsible for
the
administration and operation of the OPEB System,
determination of the amount of annual
contributions, and oversight of OPEB Benefit
payments to Retired Employees and their
dependents. The OPEB Board shall have the power to
collect contributions from the State of
Rhode Island or any municipality thereof, to direct
benefit payments, to interpret relevant plan
documents, to resolve inconsistencies and
ambiguities contained therein, to decide any claims for
benefits and to resolve disputes.
36-12.1-10.
Votes of board – record of proceedings. -- Each member of the board
shall
be entitled to one vote in the board and a majority
of all the votes of the entire board shall be
necessary for a decision of the board. The board
shall keep a record of all the proceedings which
shall be open to public inspection.
36-12.1-11. Reimbursement
of board members. -- Members of the board shall serve
without compensation but shall be reimbursed for any
necessary expenditures and no employee
shall suffer any loss of salary or wages through
serving upon the board.
36-12.1-12. Annual
report and statement. -- The OPEB Board shall submit to the
governor for transmittal to the general assembly, on
or before the first day of January in each
year, an annual report showing the financial
transactions of the system for the fiscal year of the
state next preceding said date. The report shall
contain, among other things, a statement of plan
net assets, a statement of changes in plan net
assets, a valuation balance sheet as prepared by the
actuary, and other statistical data as are deemed
necessary for a proper interpretation of the
condition of the system and the results of its
operations. The report shall also embody such other
data as may be of use in the advancement of
knowledge concerning state employee OPEB and
any recommendations of the board for changes in the
laws pertaining to the system. The OPEB
Board shall cause to be published for distribution
among the members of the system a financial
statement summarizing the results of operations for
the fiscal year. All financial statements
issued by the OPEB Board shall conform to the
requirements of GAAP.
36-12.1-13.
Executive officers and secretary. – (a) The Board shall elect a
Chairperson
and Secretary. Moreover, the State Controller shall
serve as the Treasurer.
(b) Any negotiated
agreement entered into after July 1, 2008, between any state or
municipal agency or department and an employee or
employees, whose conditions are contrary to
the general laws or the rules, regulations, and
policies as adopted and promulgated by the OPEB
Board shall be null and void unless and until
approved by formal action of the OPEB Board for
good cause shown.
36-12.1-14.
Accounts and statistical records. – clerical and professional
assistance –
disbursements. – The State Controller, under the
direction and supervision of the OPEB Board,
shall be charged with the establishment and
maintenance of such accounts and statistical records
as the OPEB Board may require and he or she shall
employ such clerical assistance as shall be
necessary to carry out properly the provisions of
chapters 12, 12.1 and 12.2 of this title. The
OPEB Board shall secure the services of an actuary
who shall be the actuarial advisor of the
board and who shall make the actuarial computations and
valuations required by chapters 12, 12.1
and 12.2. The state controller is hereby authorized
and directed to draw his or her orders upon the
general treasurer for the payment of such sum or
sums as may from time to time be necessary,
upon receipt by him or her of vouchers for payment
of liabilities.
36-12.1-15.
Payment of administrative expenses of the OPEB board and maintaining
the OPEB system – restricted receipts account. – (a) There is hereby created
within the general
fund a restricted receipt account entitled the “OPEB
system restricted receipt account”, the
proceeds of which shall be used solely to pay the
expenses of the OPEB Board, the cost of
maintaining the OPEB System, and the costs of
administering the OPEB System.
(b) For fiscal
years 2009 through 2014, the State Controller is authorized to disburse from
the fund the cost of the actuarial valuation, and
the allocated share of investment manager fees
incurred by the State Investment Commission. In fiscal
years, 2015 and thereafter, there shall be
transferred to this restricted receipt account
twenty five (25) basis points where one hundred
(100.0) basis points equals one percent (1.0%), of
the average total investments before lending
activities as reported in the annual report of the
auditor general for the next preceding five fiscal
years. Any non-encumbered funds on June 30 of any
fiscal year shall be credited to the OPEB
System.
36-12.1-16.
Collection of actuarial and experience data. – The General Treasurer
and
the state Retirement System, shall collect and keep
in convenient form such data as shall be
necessary for the preparation of the mortality and
service tables and for the compilation of such
other information as shall be required for the
actuarial valuation of the assets and liabilities of the
OPEB System and to comply with the requirements of
GASB 43 and 45.
36-12.1-17.
Actuarial investigations authorized by board. – Immediately after
his or
her selection, the actuary shall make such
investigation of the mortality, service, and
compensation experience of the members as the OPEB
Board shall authorize for the purpose of
determining the proper tables to be prepared and
submitted to the OPEB Board for adoption.
36-12.1-18.
Periodic actuarial investigations and valuations. – Every year
beginning
with fiscal year 2009, the actuary shall make an
actuarial investigation into the mortality, service,
and compensation experience of the members and
beneficiaries of the OPEB System, and shall
make a valuation of the assets and liabilities of
the system, and, taking into account the result of
the investigation and valuation, the OPEB Board
shall:
(1) Adopt for the
OPEB System, such mortality, service, and other tables as shall be
deemed necessary in the OPEB System; and
(2) Certify the
levels of contribution payable by the state of Rhode Island to carry out the
provisions of chapters 12, 12.1, and 12.2 of this
title.
(3) Certify the
levels of contribution payable by the Board of Governors for Higher
Education to carry out the provisions of chapter
17.1 of title 16.
On the basis of
such tables as the OPEB Board shall adopt, the actuary shall make an
annual valuation of the liabilities of the funds of
the system created by this chapter and the
investment advisor or investment manager appointed
by the OPEB Board shall make an annual
valuation of the assets of the OPEB System.
36-12.1-19.
State contributions. – (a) The State of Rhode Island shall make its
contribution for the maintenance of the system,
including the proper and timely payment of
benefits, by annually appropriating an amount equal
to a percentage of the total compensation
paid to the active membership and teacher payroll
base. The percentage shall be computed by the
actuary employed by the OPEB Board and shall be
certified by the OPEB Board to the director of
administration on or before the fifteenth day of
October in each year. In arriving at the yearly
employer contribution the actuary shall determine
the value of:
(1) The
contributions made by the members;
(2) Income on
investments; and
(3) Other income of
the system.
(b) The Actuary
shall thereupon compute the yearly employer contribution that will:
(1) Pay the
actuarial estimate of the normal cost for the next succeeding fiscal year;
(2) Amortize the
unfunded liability of the system as of June 30, 2006 utilizing a time
period not to exceed thirty (30) years.
(c) The State of Rhode
Island shall remit to the general treasurer the employer's share of
the contribution for state employees, state police,
legislators, and judges on a payroll frequency
basis, and for teachers in a manner consistent with sound
accounting and actuarial practice.
(d) The Board of
Governors for Higher Education shall remit to the general treasurer that
employer’s share of the contribution for its
non-classified employees, and those of the University
of Rhode Island, Rhode Island College, and the
Community College of Rhode Island, pursuant to
§16-17.1-1 et seq., and in a manner consistent with
sound accounting and actuarial practice.
36-12.1-20.
Establishment of OPEB trust funds. -- The OPEB Board shall establish
one or more trust funds and/or sub trusts to hold
the assets of the OPEB System, to be known as
the Rhode Island OPEB System Trust. Title and legal
ownership of all assets of the OPEB
System shall be in the name of the Rhode Island OPEB
System Trust. The OPEB Board, or its
delegate is authorized to execute one or more trust
instruments to effectuate the purposes of this
section. However, such trust instruments shall
require that: a) all funds held by such trusts shall
be used solely to pay benefits pursuant to the OPEB
System, and reasonable and legitimate
administrative expenses associated therewith; b) no
asset of the OPEB System or contribution
made by the State of Rhode Island, may be recovered
or returned to the State, until the OPEB
Board has certified all liabilities of the System
have been satisfied; and c) at no time shall the
assets of the Rhode Island OPEB System Trust shall
be subject to the claims of the creditors of
the State of Rhode Island or the creditors of any
beneficiary of the OPEB System.
36-12.1-21.
Custody and investment of funds. -- (a) All money immediately
required
for the payment of OPEB Benefits shall be invested
only in accordance with the written
objectives and guidelines established by the state
investment commission pursuant to the
provisions of chapter 10 of title 35 and other
applicable law.
(b) All money not
immediately required for the payment of OPEB Benefits shall be
invested in accordance with the provisions of
chapter 10 of title 35 and other applicable law and
shall be held in a custodial or trust account in
accordance with § 36-12.1-5. The trust and
custodial account established under this section
shall be maintained pursuant to written
documents which expressly provide that it shall be impossible
at any time prior to the satisfaction
of all liabilities with respect to employees and
their beneficiaries for any part of the corpus or
income to be used for or diverted to purposes other
than the payment of OPEB Benefits to
employees and their beneficiaries (except as
otherwise permitted by § 36-12.1).
36-12.1-22.
Disposition of investment earnings. – The OPEB Board shall credit
all
earned investment income from interest and dividends
on investments and bank deposits during
any fiscal year to the Rhode Island OPEB System
Trust.
36-12.1-23.
Improper interest in investments of board. – Except as herein
provided, no
member of the OPEB Board and no employee of the OPEB
Board shall have any interest, direct
or indirect, in the gains or profits of any
investment made by the OPEB Board, nor as such
directly or indirectly receive any pay or emolument
for his or her services. No member of the
OPEB Board or employee of the OPEB Board shall,
directly or indirectly, for himself or herself
or as an agent, in any manner use the gains or
profits, except to make such current and necessary
payments as are authorized by the OPEB Board; nor
shall any member or employee of the OPEB
Board become an endorser or surety or become in any
manner an obligor for money loaned or
borrowed from the OPEB Board. No member of the OPEB
Board shall permit the OPEB System
to engage in a transaction that constitutes a sale
or exchange, or leasing, of any property between
the OPEB System and a party in interest; a lending
of money or other extension of credit between
the OPEB System and a party in interest; furnishing
of goods, services, or facilities between the
OPEB System and a party in interest; transfer to, or
use by or for the benefit of, a party in interest,
of any assets of the OPEB System.
36-12.1-24.
Payment of OPEB benefits. -- All OPEB Benefits shall be paid from
the
Rhode Island OPEB System Trust, subject to the
oversight and approval of the OPEB Board.
36-12.1-25.
Annual audits. – The auditor general shall conduct upon the request
of the
OPEB Board a separate annual performance audit of
the OPEB System which shall include a
report on the actuarial valuation of the assets and
liabilities of the OPEB System. The auditor
general may examine all records, files, and other
documents, and evaluate all policies and
procedures for purposes of conducting the audit. The
aforementioned performance audit shall be
in addition to the annual audit conducted by the
auditor general of the financial statements of the
OPEB System. A copy of the report shall be given to
the governor and the OPEB Board.
36-12.1-26.
Internal revenue code qualification. – (a) Intent. It is intended
that the
OPEB System and the Rhode Island OPEB System Trust
satisfy the requirements of §115 or
§501(c)(9) of the Internal Revenue Code of 1986 as
amended from time to time, 26 U.S.C. §§
115, 501(c)(9) - ,(hereinafter referred to as the
"Code"), in form and operation, to the extent that
those requirements apply to a governmental use trust
under §115 or a voluntary employee benefit
association under §501(c)(9) of the Code. To this
end, the following provisions shall be
applicable, administered, and interpreted in a
manner consistent with maintaining the tax
qualification of the OPEB System, and shall
supersede any conflicting provisions of chapters 12,
12.1 and 12.2 of this title, [of chapter 16 of title
16, or of chapter 21 of title 45].
(b) Exclusive
benefit. All funds of the OPEB System shall be held in one or more trusts
as provided in §36-12.1-21 or if permitted, in
accordance with § 401(f) of the code, in one or
more custodial accounts treated as trusts or a
combination thereof. Under any trust or custodial
account, it shall be impossible at any time prior to
the satisfaction of all liabilities with respect to
employees and their beneficiaries, for any part of
the corpus or income to be used for, or diverted
to, purposes other than the payment of OPEB
allowances and other post employment benefits to
Retired Employees and their beneficiaries.
36-12.1-27.
Severability. – (a) If any provision of this chapter 36-12.1 of this
title, any
rule, or regulation made thereunder, or the
application thereof to any person or circumstance is
held invalid by a court of competent jurisdiction
the remainder of this chapter, rules, or
regulations and the application of those provisions
to other persons or circumstances shall not be
affected thereby.
(b) The invalidity of
any section or sections or parts of any section or sections of those
chapters shall not affect the validity of the
remainder of this chapter.
SECTION 4.
This article shall take effect upon passage. Provided, however, that the
terms of the collective
bargaining agreements in place with the Rhode Island Airport Corporation
in existence on the
effective date of this act which provide a different or greater level of
benefits
than provided herein shall
remain in full force and effect until their presently scheduled expiration
dates. However, the
establishment of the Rhode Island State Employees’ and Electing Teachers
OPEB System Trust shall
occur after July 1, 2008.
RELATING TO SCHOOL BUDGETS AND HOUSING AID
SECTION 1. Sections 16-7-41 and 16-7-44 of the General Laws in Chapter 16-7 entitled
"Foundation Level School Support" are
hereby amended to read as follows:
16-7-41.
Computation of school housing aid. -- (a) In each fiscal year the state
shall pay
to each community a grant to be applied to the cost
of school housing equal to the following:
The cost of each new
school housing project certified to the commissioner of elementary
and secondary education not later than July 15 of
the fiscal year shall be divided by the actual
number of years of the bond issued by the local
community or the Rhode Island Health and
Educational Building Corporation in support of the
specific project, times the school housing aid
ratio; and provided, further, with respect to costs
of new school projects financed with proceeds
of bonds issued by the local community or the Rhode
Island Health and Educational Building
Corporation in support of the specific project, the
amount of the school housing aid payable in
each fiscal year shall not exceed the amount arrived
at by multiplying the principal and interest of
the bonds payable in each fiscal year by the school
housing aid ratio and which principal and
interest amount over the life of the bonds, shall,
in no event, exceed the costs of each new school
housing project certified to the commissioner of
elementary and secondary education. If a
community fails to specify or identify the
appropriate reimbursement schedule, the commissioner
of elementary and secondary education may at his or
her discretion set up to a five (5) year
reimbursement cycle for projects under five hundred
thousand dollars ($500,000); up to ten (10)
years for projects up to three million dollars
($3,000,000); and up to twenty (20) years for
projects over three million dollars ($3,000,000).
(b) Aid shall be
provided for the same period as the life of the bonds issued in support of
the project and at the school housing aid ratio
applicable to the local community at the time of the
bonds issued in support of the project.
(c) Aid shall be paid
either to the community or in the case of projects financed through
the Rhode Island Health and Educational Building
Corporation, to the Rhode Island Health and
Educational Building Corporation or its designee
including, but not limited to, a trustee under a
bond indenture or loan and trust agreement, in
support of bonds issued for specific projects of the
local community in accordance with this section,
section 16-7-40 and section 16-7-44.
Notwithstanding the preceding, in case of failure of
any city, town or district to pay the amount
due in support of bonds issued on behalf of a city
or town school project financed by the Rhode
Island Health and Educational Building Corporation,
upon notification by the Rhode Island
Health and Educational Building Corporation, the
general treasurer shall deduct the amount from
aid provided under this section, section 16-7-40 and
section 16-7-44 due the city, town or district
and direct said funding to the Rhode Island Health
and Educational Building Corporation or its
designee.
(d) Notwithstanding
any provisions of law to the contrary, in connection with the
issuance of refunding bonds benefiting any local
community, any net interest savings resulting
from the refunding bonds issued by such community or
a municipal public buildings authority for
the benefit of the community or by the Rhode Island
health and educational building corporation
for the benefit of the community, in each case in support
of school housing projects for the
community, shall be allocated between the community
and the state of Rhode Island, by applying
the applicable school housing aid ratio at the time
of issuance of the refunding bonds, calculated
pursuant to section 16-7-39, that would otherwise
apply in connection with school housing
projects of the community. In connection with any
such refunding of bonds, the finance director
or the chief financial officer of the community
shall certify such net interest savings to the
commissioner of elementary and secondary education.
Notwithstanding section 16-7-44 or any
other provision of law to the contrary, school
housing projects costs in connection with any such
refunding bond issue shall include bond issuance
costs incurred by the community, the municipal
public buildings authority or the Rhode Island
health and educational building corporation, as the
case may be, in connection therewith. In connection
with any refunding bond issue, school
housing project costs shall include the cost of
interest payments on such refunding bonds, if the
cost of interest payments was included as a school
housing cost for the bonds being refunded. A
local community or municipal public buildings
authority shall not be entitled to the benefits of
this subsection (d) unless the net present value
savings resulting from the refunding is at least
three percent (3%) of the refunded bond issue.
(e) Any provision
of law to the contrary notwithstanding, the commissioner of
elementary and secondary education shall cause to be
monitored the potential for refunding
outstanding bonds of local communities or municipal
public building authorities or of the Rhode
Island Health and Educational Building Corporation
issued for the benefit of local communities
or municipal public building authorities and
benefiting from any aid referenced in this section. In
the event it is determined by said monitoring that
the net present value savings which could be
achieved by refunding such bonds of the type
referenced in the prior sentence including any
direct costs normally associated with such
refundings is equal to (i) at least one hundred thousand
dollars ($100,000) and (ii) for the state and the
communities or public building authorities at least
three percent (3%) of the bond issue to be refunded
including associated costs then, in such event,
the commissioner (or his or her designee) may direct
the local community or municipal public building
authority for the benefit of which the bonds were
issued, to refund such bonds. Failure of the
local community or municipal public buildings
authority to timely refund such bonds, except due
to causes beyond the reasonable control of such local
community or municipal public building
authority, shall result in the reduction by the
state of the aid referenced in this section 16-7-4.1
associated with the bonds directed to be refunded in
an amount equal to ninety percent (90%) of
the net present value savings reasonably estimated
by the commissioner of elementary and
secondary education (or his or her designee) which
would have been achieved had the bonds directed to
be refunded been refunded by the ninetieth (90th)
day (or if such day is not a business day in the
state of Rhode Island, the next succeeding business
day) following the date of issuance of the
directive of the commissioner (or his or her
designee) to refund such bonds. Such reduction in the aid
shall begin in the fiscal year following the fiscal
year in which the commissioner issued such
directive for the remaining term of the bond.
(e) (f)
Payments shall be made in accordance with section 16-7-40 and this section.
16-7-44. School
housing project costs. -- School housing project costs, the date of
completion of school housing projects, and the
applicable amount of school housing project cost
commitments shall be in accordance with the
regulations of the commissioner of elementary and
secondary education and the provisions of sections
16-7-35 -- 16-7-47; provided, however, that
school housing project costs shall include the
purchase of sites, buildings, and equipment, the
construction of buildings, and additions or
renovations of existing buildings and/or facilities.
School housing project costs shall include the cost
of interest payment on any bond issued after
July 1, 1988, provided that such bond is approved by
the voters on or before June 30, 2003 or
issued by a municipal public building authority or
by the appropriate approving authority on or
before June 30, 2003. Except as provided in
subsection 16-7-41(d), those projects approved after
June 30, 2003, interest payments may only be
included in project costs provided that the bonds
for these projects are issued through the Rhode
Island Health, Education and Building
Corporation. School housing project costs shall
exclude: (1) any bond issuance costs incurred by
the municipality or regional school district; (2)
demolition costs for buildings, facilities, or sites
deemed surplus by the school committee; and (3)
restrictions pursuant to section 16-7-44.1
below. A building, facility, or site is declared
surplus by a school committee when the committee
no longer has such building, facility, or site under
its direct care and control and transfers control
to the municipality, section 16-2-15. The board of
regents for elementary and secondary
education will promulgate rules and regulations for
the administration of this section. These rules
and regulations may provide for the use of lease
revenue bonds, capital leases, or capital reserve
funding, to finance school housing provided that the
term of any bond, or capital lease shall not
be longer than the useful life of the project and
these instruments are subject to the public review
and voter approval otherwise required by law for the
issuance of bonds or capital leases. Cities or
towns issuing bonds, or leases issued by municipal
public buildings authority for the benefit of a
local community pursuant to chapter 50 of title 45
shall not require voter approval. Effective
January 1, 2008, and except for interim finance
mechanisms, refunding bonds, and bonds issued
by the Rhode Island Health and Educational Building
Corporation to finance school housing
projects for towns, cities, or regional school
districts borrowing for which has previously been
authorized by an enabling act of the general
assembly, All all bonds, notes and
other forms of
indebtedness, other than interim finance mechanisms,
issued in support of school housing projects
shall require passage of an enabling act by the
general assembly.
SECTION 3. This
article shall take effect as of January 1, 2008.
ARTICLE 6
RELATING TO PERMITS FOR SALE OF BOTTLED WATER
SECTION 1. Section
44-44-2 of the General Laws in Chapter 44-44 entitled “Taxation
of Beverage Containers, Hard-to-Dispose Material and
Litter Control Participation Permittee” is
hereby amended to read as follows:
44-44-2. Definitions.
– As used in this chapter:
(1)
"Beverage" means carbonated soft drinks, soda water, mineral water, bottled
water,
and beer and other malt beverages.
(2) "Beverage
container" means any sealable bottle, can, jar, or carton which contains a
beverage.
(3) "Beverage
retailer" means any person who engages in the sale of a beverage container
to a consumer within the state of Rhode Island,
including any operator of a vending machine.
(4) "Beverage
wholesaler" means any person who engages in the sale of beverage
containers to beverage retailers in this state,
including any brewer, manufacturer, or bottler who
engages in those sales.
(5) "Case"
means:
(i) Forty-eight (48)
beverage containers sold or offered for sale within this state when
each beverage container has a liquid capacity of
seven (7) fluid ounces or less;
(ii) Twenty-four (24)
beverage containers sold or offered for sale within this state when
each beverage container has a liquid capacity in
excess of seven (7) fluid ounces but less than or
equal to sixteen and nine tenths (16.9) fluid
ounces;
(iii) Twelve (12)
beverage containers sold or offered for sale within this state when each
beverage container has a liquid capacity in excess
of sixteen and nine tenths (16.9) fluid ounces
but less than thirty-three and nine tenths (33.9)
fluid ounces; and
(iv) Six (6) beverage
containers sold or offered for sale within this state when each
beverage container has a liquid capacity of
thirty-three and nine tenths (33.9) fluid ounces or
more.
(6) A permit issued in
accordance with § 44-44-3.1(1) is called a Class A permit.
(7) A permit issued in
accordance with § 44-44-3.1(2) is called a Class B permit.
(8) A permit issued in
accordance with § 44-44-3.1(3) is called a Class C permit.
(9) A permit issued in
accordance with § 44-44-3.1(4) is called a Class D permit.
(10) A permit issued
in accordance with § 44-44-3.1(5) is called a Class E permit.
(11)
"Consumer" means any person who purchases a beverage in a beverage
container for
use or consumption with no intent to resell that
filled beverage container.
(12) "Gross
receipts" means those receipts reported for each location to the tax
administrator included in the measure of tax imposed
under chapter 18 of this title, as amended.
For those persons having multiple locations'
receipts reported to the tax administrator the "gross
receipts" to be aggregated shall be determined
by each individual sales tax permit number. The
term gross receipts shall be computed without
deduction for retail sales of items in activities other
than those which this state is prohibited from
taxing under the constitution of the United States.
(13)
"Hard-to-dispose material" is as defined in § 37-15.1-3.
(14)
"Hard-to-dispose material retailer" means any person who engages in
the retail sale
of hard-to-dispose material (as defined in §
37-15.1-3) in this state.
(15)
"Hard-to-dispose material wholesaler" means any person, wherever
located, who
engages in the sale of hard-to-dispose material (as
defined in § 37-15.1-3) to customers for sale in
this state (including manufacturers, refiners, and
distributors and retailers), and to other persons
as defined above.
(16)
"New vehicle" means any mode of transportation for which a
certificate of title is
required pursuant to title 31 and for which a
certificate of title has not been previously issued in
this state or any other state or country.
(17)
"Organic solvent" is as defined in § 37-15.1-3.
(18)
"Person" means any natural person, corporation, partnership, joint
venture,
association, proprietorship, firm, or other business
entity.
(19)
"Prior calendar year" means the period beginning with January 1 and
ending with
December 31 immediately preceding the permit
application due date.
(20)
"Qualifying activities" means selling or offering for retail sale
food or beverages
for immediate consumption and/or packaged for sale
on a take out or to go basis regardless of
whether or not the items are subsequently actually
eaten on or off the vendor's premises.
(21)
"Vending machine" means a self-contained automatic device that
dispenses for
sale foods, beverages, or confection products.
SECTION 2. This
article shall take effect as of May 1, 2008.
RELATING TO CRIMINALS – CORRECTIONAL INSTITUTIONS –
PAROLE
SECTION 1. Section 13-8-14.1
of the General Laws in Chapter 13-8 entitled "Parole" is
hereby amended to read as follows:
13-8-14.1. Parole
standards. -- (a) At least once each
calendar year the parole board
shall adopt standards to be utilized by the board in
evaluating applications for parole of persons
convicted of a criminal offense and sentenced to the
adult correctional institutions. These
standards shall establish, with the range of parole
eligibility set by statute, the portion of a
sentence which should be served upon conviction
for each category of criminal offense prior to
parole, depending on the likelihood of recidivism as
determined by a risk assessment, and shall
serve as guidelines for the board in making
individual parole determinations.
(b) The board shall
consider the applicable standard prior to rendering a decision on a
parole application, and may make a determination at
variance with that standard only upon a
finding that the determination is warranted by
individualized factors, such as the character and
criminal record of the applicant, the nature and
circumstances of the offense or offenses for which
the applicant was sentenced, the conduct of the
applicant while incarcerated, and the criteria set
forth in section 13-8-14.
(c) In each case
where the board grants an application prior to the time set by the
applicable standard or denies an application on or
after the time set by that standard, the board
shall set forth in writing the rationale for its
determination.
SECTION 2. Sections
42-56-24 and 42-56-26 of the General Laws in Chapter 42-56
entitled "Corrections Department" are
hereby amended to read as follows:
42-56-24. Time
allowed for good behavior. – Earned time for good behavior or
program participation or completion. -- - (a) The director, or his or
her designee, shall keep a
record of the conduct of each prisoner, and for each
month that a prisoner who has been
sentenced to imprisonment for six (6) months or more
and not under sentence to imprisonment
for life, appears by the record to have faithfully
observed all the rules and requirements of the
institutions and not to have been subjected to
discipline, and is serving a sentence imposed for
violation of sexual offenses under sections 11-37-2,
11-37-4, 11-37-6, 11-37-8, 11-37-8.1 and 11-
37-8.3 or 11-9-1.3 there shall, with the consent of the
director of the department of corrections, or
his or her designee, upon recommendation to him or
her by the assistant director of
institutions/operations, be deducted from the term
or terms of sentence of that prisoner the same
number of days that there are years in the term of
his or her sentence; provided, that when the
sentence is for a longer term than ten (10) years,
only ten (10) days shall be deducted for one
month's good behavior; and provided, further, that
in the case of sentences of at least six (6)
months and less than one year, one day per month
shall be deducted.
(b) For the
purposes of this subsection computing the number of days to be deducted
for
good behavior, consecutive sentences shall be
counted as a whole sentence. This subsection
recognizes the serious nature of sex offenses;
promotes community safety and protection of the
public; and maintains the ability of the department
of corrections to oversee the rehabilitation and
supervision of sex offenders.
(b) For all
prisoners serving sentences of more than one month, and not serving a
sentence of imprisonment for life or a sentence
imposed for a violation of the sexual offenses
identified in subsection (a) the director, or his or
her designee, shall keep a record of the conduct of
each prisoner, and for each month that prisoner has
faithfully observed all the rules and
requirements of the institutions and has not been subjected
to discipline, there shall, with the
consent of the director of the department of
corrections or his or her designee and upon
recommendation by the assistant director of
institutions/operations, be deducted from the term or
terms of sentence of that prisoner ten (10) days for
each month's good behavior.
(c) For every day a
prisoner shall be shut up or otherwise disciplined for bad conduct, as
determined by the assistant director,
institutions/operations, subject to the authority of the
director, there shall be deducted one day from the
time he or she shall have gained for good
conduct.
(d) The assistant
director, or his or her designee, subject to the authority of the director,
shall have the power to restore lost good conduct
time in whole or in part upon a showing by the
prisoner of subsequent good behavior and disposition
to reform.
(e) For each month
that a prisoner who has been sentenced to imprisonment for more
than one six (6) months or more month and not
under sentence to imprisonment for life who has
faithfully engaged in institutional industries there
shall, with the consent of the director, upon the
recommendations to him or her by the assistant
director, institutions/operations, be deducted from
the term or terms of the prisoner an additional two
(2) days a month. These two (2) days a month
shall be deducted regardless of the length of the
sentence of the prisoner.
(f) Except those
prisoners serving a sentence imposed for violation of any sexual offense
committed under sections 11-37-2, 11-37-4, 11-37-6,
11-37-8, 11-37-8.1, 11-37-8.3 or 11-9-13,
for each month that a prisoner who has been
sentenced to imprisonment for more than one month
and not under sentence to imprisonment for life has
participated faithfully in programs that have
been determined by the director or his/her designee
to address that prisoner's individual needs that
are related to his/her criminal behavior, there may,
with the consent of the director and upon the
recommendation of the assistant director,
rehabilitative services, be deducted from the term or
terms of the prisoner up to an additional five (5)
days a month. Furthermore, whenever the
prisoner has successfully completed such program,
they may; with the consent of the director and
upon the recommendation by the assistant director,
rehabilitative services, be deducted from the
term or terms of the prisoner up to an additional
thirty (30) days.
42-56-26.
Additional time allowed for meritorious service. -- In addition to
any time
allowed for good behavior pursuant to section
42-56-24, With
the exception of the prisoners
eligible for credits pursuant to subsections
42-56-24(b) and 42-56-24(f), any prisoner sentenced
to imprisonment for one year or more in the adult
correctional institutions, whether the sentence
was imposed before or after May 8, 1974, shall be
eligible to have deducted from his or her
sentence up to three (3) days per month up to a
maximum of thirty-six (36) days per year for each
act, when in the determination of the director, or his
or her designee, an inmate has performed
heroic acts affecting the lives and welfare of the
institutional personnel, inmates, or the general
public, or when an inmate has submitted
extraordinary and useful ideas and plans which have
been implemented for the benefit of the state
resulting in substantial savings and/or a higher
degree of efficiency or performance while
participating in and completing academic or vocational
education programs, or when an inmate has submitted
useful ideas concerning academic or
vocational programs which have been implemented at
the adult correctional institutions. Nothing
in this section shall be construed to deprive a
prisoner of time already accumulated or deducted
prior to May 8, 1974.
SECTION 3. This
article shall take effect upon passage.
ARTICLE 8
SECTION 1. Section
36-10-10.4 of the General Laws in Chapter 36-10 entitled
"Retirement System-Contributions and
Benefits" is hereby amended to read as follows:
36-10-10.4. Effect of deferral and/or reduction of salary. -- (a) If subsequent to
January 1, 1991, a member sustains a loss of salary due to a deferral of salary or a reduction in
salary in order to avoid shutdowns, layoffs, or because of a retrenchment of state or local
finances, then in calculating the service retirement allowance of the member, the amount of salary
deferred and/or the amount of the reduction of salary shall not reduce the amount of annual
compensation of the member for the purpose of establishing his or her highest three (3)
consecutive years of compensation. This provision is subject to subsection (c) of this section.
(b) (1) For purposes of subsection (a), reduction of salary shall mean:
(i) The actual dollar amount which represents the difference between the employee's
salary prior to the voluntary reduction of salary and the employee's salary after the voluntary
reduction of salary; or
(ii) The actual dollar amount which represents the difference between the employee's
salary prior to the renegotiation and/or alteration of an existing collective bargaining agreement
and the employee's salary after the renegotiation and/or alteration of an existing collective
bargaining agreement.
(2) Reduction of salary also means the voluntary or negotiated reduction in the number
of hours that an employee works in a pay period and for which he or she is paid.
(c) An
employee who has sustained a reduction in salary and who desires to retire
prior
to June 30, 1995, in accordance
with subsection (a) shall pay, prior to retirement, to the retirement
board an amount equal to the difference between the amount of contribution the employee would
have paid on his or her salary prior to the reduction in salary and the amount that the employee
actually contributed plus interest.
SECTION 2. This article shall take effect upon passage.
ARTICLE 9
RELATING TO THE FAMILY INDEPENDENCE ACT
SECTION
1. Section 40-5.1-8 of the General Laws in Chapter 40-5.1 entitled "Family
Independence Act" is hereby amended to read as follows:
40-5.1-8. Eligibility for cash assistance. – (a)(1)
Except as otherwise provided for in this
section, no person shall be included in any family
for purposes of determining eligibility for or
the amount of cash to which a family is entitled
under this chapter, unless the person is a resident
of the state and is: (i) either a citizen; or (ii)
lawfully admitted for permanent residence before
August 22, 1996; or (iii) otherwise lawfully
entitled to reside in the United States before August
22, 1996, and is determined to have a status within
the meaning of the term "qualified alien", or
an exception thereto, under § 402(b) of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Laws No.
104-193), and as that section may hereafter be
amended; or (iv) an alien who on or after August 22,
1996, is determined to have a status within
the meaning of the term "qualified alien",
or an exception thereto, under § 402(b) of the Personal
Responsibility and Work Opportunity Reconciliation
Act of 1996 (Public Laws No. 104-193),
and as that section may hereafter be amended.
(2) An alien who does
not meet the citizenship or alienage criteria in subsection (a)(1)
above, who was lawfully residing in the United
States before August 22, 1996, and who is a
resident of this state prior to July 1, 1997, shall
be eligible for cash assistance under this chapter
without regard to the availability of federal
funding; provided, however, that the person meets all
other eligibility requirements under this chapter.
(3) No person shall be
ineligible for assistance payments under this chapter due solely to
the restricted eligibility rules otherwise imposed
by section 115(a)(2) of the Personal
Responsibility and Work Opportunity Reconciliation
Act of 1996 (Public Laws No. 104-193),
and as that section may hereafter be amended.
(b) No family shall be
eligible for assistance payments if the combined value of its
available resources (reduced by any obligations or
debts with respect to such resources) exceed
one thousand dollars ($1,000). For purposes of this
subsection, the following shall not be counted
as resources of the family:
(1) The home owned and
occupied by a child, parent, relative or other individual;
(2) Real property
owned by a husband and wife as tenants by the entirety, if the property
is not the home of the family and if the spouse of
the applicant refuses to sell his or her interest in
the property;
(3) Real property
which the family is making a good faith effort to dispose of, but any aid
payable to the family for any such period shall be
conditioned upon such disposal and any
payments of aid for that period shall (at the time
of disposal) be considered overpayments to the
extent that they would not have occurred at the
beginning of the period for which the payments
were made. Any overpayments that may have occurred
are debts subject to recovery in
accordance with the provisions of § 40-5.1-28;
(4) Income producing
property other than real estate including, but not limited to,
equipment such as farm tools, carpenter's tools and
vehicles used in the production of goods or
services which the department determines are
necessary for the family to earn a living;
(5) One vehicle for
each adult household member but not to exceed two (2) vehicles per
household, and in addition, a vehicle used primarily
for income producing purposes such as, but
not limited to, a taxi, truck or fishing boat; a
vehicle used as a family's home; a vehicle which
annually produces income consistent with its fair
market value, even if only used on a seasonal
basis; a vehicle necessary to transport a family
member with a disability where the vehicle is
specially equipped to meet the specific needs of the
person with a disability or if the vehicle is a
special type of vehicle that makes it possible to
transport the person with a disability;
(6) Household
furnishings and appliances, clothing, personal effects and keepsakes of
limited value;
(7) Burial plots (one
for each child, relative, and other individual), and funeral
arrangements;
(8) For the month of
receipt and the following month, any refund of federal income taxes
made to the family by reason of § 32 of the Internal
Revenue Code of 1986, 26 U.S.C. § 32
(relating to earned income tax credit), and any
payment made to the family by an employer under
§ 3507 of the Internal Revenue Code of 1986, 26
U.S.C. § 3507 (relating to advance payment of
such earned income credit);
(9) The resources of
any family member receiving supplementary security income
assistance under the Social Security Act, 42 U.S.C.
§ 301 et seq.
(c) [Deleted by P.L.
2003, ch. 376, art. 12, § 1.]
(d)(1) Except
as otherwise provided for in this section, no person shall be included in any
family for purposes of determining eligibility for
or the amount of cash to which a family is
entitled under this chapter if that person, after
attaining eighteen (18) years of age, has received
cash assistance under this chapter for a total of
sixty (60) months (whether or not consecutive) to
include any time receiving family cash assistance in
any other state or territory of the United
States of America as defined herein.
Family cash assistance
in any other state or territory of the United States of America shall
be determined by the Department of Human Services
and shall include family cash assistance
funded in whole or in part by Temporary Assistance
for Needy Families (TANF) funds [Title IV-
A of the federal Social Security Act, 42 U.S.C. §
601 et seq.] and/or family cash assistance
provided under a program similar to the Family
Independence Act or the federal TANF program.
(2) Effective
August 1, 2008, no child who has reached or exceeded sixty (60) months of
cash assistance shall be eligible for cash
assistance under this chapter unless the department of
human services determines that:
(i) his or her
parent is eligible for reapplication due to hardship in accordance with
subsection 40-5.1-8(d)(4) due to said parent being:
(1) a victim of domestic violence; (2) unable
to work due to a documented disability or
homelessness; (3) a full-time in home caregiver for a
disabled child or spouse and as further described in
the department of human services rules and
regulations.
(ii) the child is a
minor child for whom there is a caretaker relative deemed responsible
for the care of the minor child due to the absence
of a parent.
(iii) Assistance
to the parent(s) to access jobs and training through the Network RI One-
Stop Career Centers shall be offered through a
collaboration between the department of human
services and department of labor and training.
(2)
(3) In calculating the sixty (60) month limit imposed in subsection
(d)(1), the
department shall disregard any month for which
assistance was provided with respect to a minor
parent or minor pregnant woman during those months
when the individual was a minor child, or a
parent employed an average of thirty (30) or more
hours per week during a month in a single
parent family, or an average of thirty-five (35)
hours per week during a month for a two (2)
parent family.
(3) (4)
The department may exempt a family from the application of subsection (d)(1) by
reason of hardship; provided, however, that the number
of such families to be exempted by the
department under this subsection shall not exceed
twenty percent (20%) of the average monthly
number of families to which assistance is provided
for under this chapter in a fiscal year;
provided, however, that to the extent now or
hereafter permitted by federal law, any waiver
granted under § 40-5.1-46(a) shall not be counted in
determining the twenty percent (20%)
maximum under this section.
(e) Notwithstanding
any other provision of this chapter, the amount of cash to which a
family is entitled under the chapter shall be
reduced by thirty percent (30%) until the family has
been a resident of the state for twelve (12)
consecutive months; provided, however, that no
member of the family who has been a resident of the
state for twelve (12) consecutive months or
longer shall have his or her benefit reduced under
this subsection.
(f) A family:
(i) Consisting of a
parent who is under the age of eighteen (18) (minor parent); and
(ii) Who has never
been married; and
(iii) Who has a child,
or a family which consists of a woman under the age of eighteen
(18) who is at least six (6) months pregnant
(pregnant minor), shall be eligible for cash assistance
only if such family resides in the home of a parent,
legal guardian or other adult relative. Such
assistance shall be provided to the parent, legal
guardian, or other adult relative on behalf of the
individual and child unless otherwise authorized by
the department.
(2) Subdivision (1) of
this subsection shall not apply if:
(i)(A) The minor
parent or pregnant minor has no parent, legal guardian or other adult
relative who is living and or whose whereabouts are
known;
(B) The department
determines that the physical or emotional health or safety of the
minor parent, or his or her child, or the pregnant
minor, would be jeopardized if he or she was
required to live in the same residence as his or her
parent, legal guardian or other adult relative
(refusal of a parent, legal guardian or other adult
relative to allow the minor parent or his or her
child, or a pregnant minor, to live in his or her
home shall constitute a rebuttable presumption that
the health or safety would be so jeopardized);
(C) The minor parent
or pregnant minor has lived apart from his or her own parent or
legal guardian for a period of at least one year
before either the birth of any child to a minor
parent or the onset of the pregnant minor's
pregnancy; or
(D) There is good
cause, under departmental regulations, for waiving the subsection; and
(ii) The individual
resides in supervised supportive living arrangement to the extent
available. For purposes of this section
"supervised supportive living arrangement" means an
arrangement which:
(A) Requires teen
parents to enroll and make satisfactory progress in a program leading
to a high school diploma or a general education
development certificate;
(B) Requires teen
parents to participate in the adolescent parenting program established
in chapter 19 of this title to the extent the
program is available; and
(C) Provides rules and
regulations, which ensure regular adult supervision.
(g) As a condition of
eligibility for cash and medical assistance under this chapter, each
adult member of the family has:
(1) Assigned to the
state any rights to support for children within the family from any
person which the family member has at the time the
assignment is executed or may have while
receiving assistance under this chapter;
(2) Consented to and
is cooperating with the state in establishing the paternity of a child
born out of wedlock with respect to whom assistance
is claimed, and in obtaining support
payments for the family member with respect to whom
the aid is claimed, or in obtaining any
other payments or property due any family member,
unless the applicant is found to have good
cause for refusing to comply with the requirements
of this subsection.
Absent good cause for
refusing to comply with the requirements of this subsection, the
amount of cash a family is otherwise entitled shall
be reduced by twenty-five percent (25%) until
the adult member of the family who has refused to
comply with the requirements of this
subsection consents to and cooperates with the state
in accordance with the requirements of this
subsection.
(3) Consented to and
is cooperating with the state in identifying and providing
information to assist the state in pursuing any third
party who may be liable to pay for care and
services under Title XIX of the Social Security Act,
42 U.S.C. § 1396 et seq.
(h) As a condition of
eligibility for cash assistance to a family under this chapter, the
parent(s), unless otherwise exempt under this
chapter, must enter into an individual employment
plan in accordance with § 40-5.1-9(c). This
condition of eligibility shall apply to applications for
assistance filed on or after July 1, 2006 and to
current recipients at the time of their next
redetermination of eligibility occurring on or after
July 1, 2006.
SECTION 2. This
article shall take effect upon passage.
ARTICLE 10
RELATING TO MEDICAL ASSISTANCE –
ELIGIBILITY
SECTION
1. 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 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 become otherwise entitled to reside
in the United States on or after August 22, 1996 and
was receiving medical assistance 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 2. Sections
42-12.3-4 and 42-12.3-15 of the General Laws in Chapter 42-12.3
entitled “Health Care for Children and Pregnant
Women” are hereby amended to read as follows:
42-12.3-4.
"RIte track" program. – (a) There is hereby
established a payor of last resort
program for comprehensive health care for children until
they reach nineteen (19) years of age, to
be known as "RIte track". The department
of human services is hereby authorized to amend its
title XIX state plan pursuant to title XIX [42
U.S.C. § 1396 et seq.] of the Social Security Act to
provide for expanded Medicaid coverage through
expanded family income disregards for
children, until they reach nineteen (19) years of
age, whose family income levels are up to two
hundred fifty percent (250%) of the federal poverty
level. provided, however, that health care
coverage under this section shall also be provided
without regard to the availability of federal
financial participation to a noncitizen child
lawfully residing in the United States and to a
noncitizen child residing in Rhode Island, provided that
the child satisfies all other eligibility
requirements and is receiving medical assistance on
or before December 31, 2006. The
department is further authorized to promulgate any
regulations necessary, and in accord with title
XIX [42 U.S.C. § 1396 et seq.] of the Social
Security Act to implement the state plan amendment.
For those children who lack health insurance, and
whose family income are in excess of (250%)
of the federal poverty level, the department of
human services shall promulgate necessary
regulations to implement the program. The department
of human services is further directed to
ascertain and promulgate the scope of services that
will be available to those children whose
family income exceeds the maximum family income
specified in the approved title XIX [42
U.S.C. § 1396 et seq.] state plan amendment.
(b) Resources.
Except as provided herein, no child shall be eligible for medical assistance
coverage provided under this section if the combined
value of the child's or the family's liquid
resources exceeds ten thousand dollars ($10,000);
provided, however, that this subsection shall
not apply to children with disabilities who are
otherwise eligible for medical assistance coverage
as categorically needy under § 134(a) of the Tax
Equity and Fiscal Responsibility Act of 1982
[federal P.L. 97-248], commonly known as Katie
Beckett eligible, upon meeting the requirements
established in § 1902(e)(3) of the federal Social
Security Act
42-12.3-15.
Expansion of RIte track program. – The Department of Human Services is
hereby authorized and directed to submit to the
United States Department of Health and Human
Services an amendment to the "RIte Care"
waiver project number 11-W-0004/1-01 to provide for
expanded Medicaid coverage for children until they
reach eight (8) years of age, whose family
income levels are up to two hundred fifty
percent (250%) of the federal poverty level. Expansion
of the RIte track program from the age of six (6)
until they reach eighteen (18) years of age in
accordance with this chapter shall be subject to the
approval of the amended waiver by the United
States Department of Health and Human Services. Health
care coverage under this section shall
also be provided without regard to the availability
of federal financial participation: (1) to a non-
citizen child lawfully residing in the United States
provided such child satisfies all other
eligibility requirements and is receiving medical
assistance on or before December 31, 2006.
SECTION 3. This
article shall take effect on May 1, 2008. Any rules or regulations
necessary or advisable to implement the provisions
of this article shall be effective immediately
as an emergency rule upon the department's filing
thereof with the secretary of state as it is
hereby found that the current fiscal crisis in this
state has caused an imminent peril to public
health, safety and welfare, and the department is
hereby exempted from the requirements of
sections 42-35-3(b) and 42-35-4(b)(2) relating to
agency findings of imminent peril to public
health, safety and welfare and the filing of
statements of the agency's reasons thereof.
ARTICLE 11
RELATING TO ATOMIC ENERGY
COMMISSION
SECTION
1. Section 42-27-6 of the General Laws in Chapter 42-27 entitled “Atomic
Energy Commission” is hereby
amended to read as follows:
42-27-6. Reactor usage charges. - All fees collected by the atomic energy commission
for use of the reactor facilities shall be deposited as general revenues. A charge of up to forty
percent (40%), adjusted annually as of July 1, shall be assessed against all University of Rhode Island
(URI) sponsored research activity allocations. The charge shall be applied to the existing URI
sponsored research expenditures
within the atomic energy commission.
SECTION 2. This article shall take effect as of July 1, 2007.
ARTICLE 12
RELATING TO THE RHODE ISLAND
TRAINING SCHOOL
SECTION 1. Section
8-10-18 of the General Laws in Chapter 8-10 entitled "Family
Court" is hereby repealed in its entirety.
8-10-18.
Youth correctional center. -- There shall be a facility within
the department of
corrections to be known as the youth correctional
center, to which the family court may commit
any juvenile whose behavior problem is such that the
court shall deem it inexpedient to place him
or her with his or her parent, or in the training
school for youth, or with any other agency.
SECTION 2. Section
14-1-36.1 of the General Laws in Chapter 14-1 entitled
"Proceedings in Family Court" is hereby
amended to read as follows:
14-1-36.1.
Release from training school. -- (a) No child sentenced to the training
school
for youth, after being found delinquent or wayward,
shall be released prior to the end of his or her
sentence unless authorized by a justice of the
family court, after a hearing with due notice to the
parties to the petition upon which the child was
sentenced. At any such hearing, the family court
shall authorize the release of the child to his or her
home and/or to the care and custody of the
department of children, youth and families unless
the court finds that the child:
(1) Poses a
substantial risk of harm to self; or
(2) Poses a
substantial risk of harm to others; or
(3) Has demonstrated
that he or she may leave the jurisdiction of the court.
Provided, however,
any child who has been certified and adjudicated pursuant to sections
14-1-7.2 and 14-1-7.3, may not be released prior to
the end of his or her sentence, except as
authorized under section 14-1-42 of this chapter.
(b) A child so
sentenced may be allowed as part of a rehabilitation program to be placed
temporarily in a community program outside of the
training school only when authorized by the
family court.
SECTION 3. Chapter
42-72 of the General Laws entitled “Department of Children,
Youth and Families” is hereby amended by adding
thereto the following section:
42-72-17.2. Limits to Population at the Youth Development Center
and the Youth
Assessment
Center. --(a) The Rhode Island training school shall consist of a youth
development
center,
a youth assessment center and a female correctional treatment facility. The
youth
development
center and the youth assessment center shall not exceed a maximum daily
capacity
of
one hundred forty-eight (148) detained and/or adjudicated males. The female
correctional
treatment
facility shall not exceed a maximum daily capacity of twelve (12) detained
and/or
adjudicated
females.
(b)
The director of the department of children, youth and families shall notify the
chief
judge
of the family court whenever the census of the detained and/or adjudicated male
youth or of
the
detained and/or adjudicated female youth approaches ninety-five percent (95%)
of maximum
population
capacity. The training school superintendent or his or her designee shall
thereupon
refer
to the family court, for consideration for release from the training school,
those youth who
do
not pose a credible risk of harm to self or others or for whom there is no
substantial risk that
the
youth may leave the jurisdiction of the state.
(c)
Following a hearing, the family court shall authorize the release of such youth
from
the
training school, unless the court finds that the child:
(1)
Poses a substantial risk of harm to self; or
(2)
Poses a substantial risk of harm to others; or
(3)
Has demonstrated that he or she may leave the jurisdiction of the court.
Provided,
however, any child who has been certified and adjudicated pursuant to sections
14-1-7.2
and 14-1-7.3, may not be released prior to the end of his or her sentence,
except as
authorized
under section 14-1-42 of this chapter.
SECTION 4. This article shall take effect upon passage.
ARTICLE 13
RELATING TO HEALTH CARE COVERAGE
FOR CHILD CARE PROVIDERS
SECTION
1. Sections 40-6.2-4 and 40-6.2-5 of the General Laws in Chapter 40-6.2
entitled “Child Care - State
Subsidies” are hereby repealed.
40-6.2-4. Health
care coverage for family day care providers. –(a) The department
of
human services is authorized and
directed to provide health care through its RIte Care or RIte
Share programs to family day care
providers who provide child care services paid for by the
department and who meet the
eligibility requirements of this section.
(b) A
family day care provider shall be eligible if:
(1)
The provider is certified as a family day care provider by the department of
children,
youth, and families pursuant to
chapter 72.1 of title 42, and has applied for and has been found
ineligible for the federally
assisted RIte Care or RIte Share programs; and
(2)
The provider has rendered a minimum of seven thousand eight hundred dollars
($7,800) in child care services,
payable by the department through any of its child care programs,
during a period of six (6)
consecutive months prior to making application to the department for
health care coverage; and
(3)
The provider's total family annualized income does not exceed 350% of the
federal
poverty level.
(c)
Upon determination of eligibility by the department, the department shall
enroll the
provider and the provider's minor
children, who are living with the provider's household, in the
RIte Care or the RIte Share program,
as determined by the department, for the following six (6)
months, and the enrolled provider
and qualifying children shall be subject to the terms,
conditions, limitations,
restrictions, cost-sharing, and dental benefit provisions of the RIte Care or
the RIte Share programs.
40-6.2-5. Health
care coverage for center-based care providers. (a) The
department of
human services is authorized and
directed to establish a health care premium cost-sharing option
through its RIte Care program for
center-based child care providers who provide child care
services paid for in whole or in
part by the department of human services or the department of
children, youth, and families, and
who meet the eligibility requirements of this section.
(b) A
center-based provider shall be eligible to participate if:
(1)
The provider is licensed as a child day care provider by the department of
children,
youth, and families pursuant to
chapter 72.1 of title 42; and
(2)
The provider demonstrates that it meets the minimum subsidized child care
participation rates specified in
subsection (c) or (d), for the applicable period; and
(3)
The provider elects to exercise this health care premium cost-sharing coverage
option
on behalf of its employees and makes
timely payment of the provider's share of the premium.
(c)
Effective January 1, 1999, if the number of children served by the provider who
meet
the department's child care assistance
income guidelines under § 40-5.1-17 is at least fifty percent
(50%) of the enrollment census of
the provider, then the center-based child care provider shall
pay fifty percent (50%) of the
monthly premiums attributable to the center's participating
employees.
(d)
Effective July 1, 1999, if the number of children served by the provider who
meet the
department's child care assistance
income guidelines under § 40-5.1-17 is at least forty percent
(40%) of the enrollment census of
the provider, then the center-based child care provider shall
pay fifty percent (50%) of the
monthly premiums attributable to the center's participating
employees.
(e)
The department of human services is authorized to promulgate rules and
regulations
which it deems necessary to effect
the intent and further define the terms and provisions of this
section, and which may include, but
need not be limited to, the terms, premiums, conditions,
limitations, and restrictions of the
health care buy-in option, and enrollment periods and
procedures.
SECTION 2. This article shall take effect as of July 1, 2008.
ARTICLE 14
RELATING TO NURSING HOME PROVIDER
ASSESSMENT
SECTION 1. Section 44-51-3
of the General Laws in Chapter 44-51 entitled "Nursing
Facility Provider Assessment Act" is hereby
amended to read as follows:
44-51-3. Imposition of assessment -- Nursing facilities. -- (a) For purposes of this
section, a "nursing facility" means a person or governmental unit licensed in accordance with
chapter 17 of title 23 to establish, maintain, and operate a nursing facility.
(b) An assessment is imposed upon the gross patient revenue received by every nursing
facility in each month beginning October
1, 2003 January 1, 2008, at a rate of six percent (6%)
five and one-half percent (5.5%)
for services provided on or after October 1, 2003 January 1,
2008. Every provider shall pay the monthly assessment no later than the twenty-fifth (25th) day
of each month following the month of receipt of gross patient revenue.
(c) The assessment imposed by this section shall be repealed on the effective date of the
repeal or a restricted amendment of those provisions of the Medicaid Voluntary Contribution and
Provider-Specific Tax Amendments of 1991 (P.L. 102-234) that permit federal financial
participation to match state funds generated by taxes.
(d) If, after applying the applicable federal law and/or rules, regulations, or standards
relating to health care providers, the tax administrator determines that the assessment rate
established in subsection (b) of this section exceeds the maximum rate of assessment that federal
law will allow without reduction in federal financial participation, then the tax administrator is
directed to reduce the assessment to a rate equal to the maximum rate which the federal law will
allow without reduction in federal participation. Provided, however, that the authority of the tax
administrator to lower the assessment rate established in subsection (b) of this section shall be
limited solely to such determination.
(e) In order that the tax administrator may properly carry out his/her responsibilities
under this section, the director of the department of human services shall notify the tax
administrator of any damages in federal law and/or any rules, regulations, or standards which
affect any rates for health care
provider assessments.
SECTION 2. This act shall take effect as of January 1, 2008.
RELATING TO INSURANCE - CONSUMER
REPRESENTATION
AT RATE HEARINGS
SECTION
1. Section 27-36-2 of the General Laws in Chapter 27-36 entitled "Consumer
Representation at Rate
Hearings" is hereby amended to read as follows:
27-36-2. Annual assessments
of insurance companies. -- (a) The insurance
commissioner director of the department of business
regulation shall make an annual assessment
against each insurance company, those corporations
and other entities subject to chapters 19, 20,
20.1, and 20.2 of this title and chapter 62 of title 42, hereafter
referred to as a “company”, for
payment of all reasonable expenditures incurred by
the attorney general in representation at
insurance rate hearings for matters involving
insurance regulation. The assessments shall be in
amounts annually determined and certified by the
attorney general to the insurance commissioner
director of the department of business regulation as sufficient reimbursement
for the general
expenditures of the attorney general to fulfill
the attorney general’s obligations under this chapter.
The general expenditures and shall be
proportionately assessed by the insurance commissioner
director of the department of business regulation against each company. In
addition, actual
reasonable costs for experts, such as but not
limited to actuaries and economists, and other
specific costs incurred by the attorney general
related to insurance rate hearings, whether or not a
public hearing has been held or the rate review has
proceeded through a final decision by the
department of business regulation or office of the
health insurance commissioner, shall be billed
directly by the attorney general to the company that
initiated the filing.
(b) A company may
meet its obligations under this section by directly reimbursing the
attorney general and by notifying the commissioner
of the amount of the payment. The company
billed for such specific costs shall make payment to
the attorney general by forwarding a check,
payable to the service provider, to the chief of the
Insurance Advocacy Unit of the attorney
general's office within sixty (60) days of the date
invoiced.
(c) Assessments
made pursuant to this section may be credited to the normal operating
costs of each company and shall be deposited as
general revenue.
SECTION 2. This
article shall take effect as of January 17, 2008.
ARTICLE 16
SECTION
1. Section 14-1-6 of the General Laws in Chapter 14-1 entitled
“Proceedings
in Family Court” is hereby
amended as follows:
14-1-6.
Retention of jurisdiction. – (a) When the court shall have obtained
jurisdiction
over any child prior to the child having attained
the age of eighteen (18) years by the filing of a
petition alleging that the child is wayward or
delinquent 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 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 child's 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, including any child under the
jurisdiction of the family court on petitions
filed and/or pending before the court prior to July
1, 2007,
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, a child turning eighteen (18) years of age, 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 nineteen (19) 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 nineteen (19) years of
age, unless discharged prior to turning nineteen
(19).
(c) In any case where
the court shall not have acquired jurisdiction over any person prior
to the person attaining the age of nineteen (19) years
by the filing of a petition alleging that the
person had committed an offense prior to the person
attaining the age of eighteen (18) years
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 eighteen (18) years 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) 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 eighteen (18) years.
SECTION 2. Section
42-72-5 of the General Laws in 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
person’s 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.
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.
(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. 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.
(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 3. This
article shall take effect upon passage.
ARTICLE 17
RELATING TO STATE AID
SECTION
1. Sections 45-13-1 and 45-13-9 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 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 three percent (3.0%) of
total state tax revenues in the reference year.
(13) [Deleted by P.L.
2007, ch. 73, art. 25, § 1.]
(14) [Deleted by P.L.
2007, ch. 73, art. 25, § 1.]
(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.
(e) For the fiscal
year ending June 30, 2008 the apportionments of state aid as derived
through the calculations as required by subsections
(a) through (c) of this section shall be adjusted
downward statewide by ($10,000,000).
45-13-9.
Reimbursement to cities and towns and school districts for the costs of state
mandates. – (a)(1) The department of administration
revenue shall submit to the budget office by
October 1 of each year, a report by each city and
town, of the cost of state mandates established
after January 1, 1979, to be reimbursed for the next
preceding July 1 – June 30 period.
(2) The budget office
shall annually include the statewide total of the statement of costs
of state mandates eligible to be reimbursed in the
state budget for the next fiscal year for
consideration by the governor in preparing a final
budget proposal for submission to the general
assembly in accordance with §35-3-7 of the General
Laws;
provided, that any costs resulting
from the rules and regulations of state departments
or agencies shall be allocated to the budgets of
those departments or agencies.
(b) The state
treasurer shall in July of each year distribute to cities and towns the
reimbursements for state mandated costs in
accordance with the report submitted by the
department of administration to the state budget office. as may be appropriated
by the general
assembly.
SECTION 2. Section
44-34.1-2 of the General Laws in Chapter 44-34.1 entitled “Motor
Vehicle and Trailer Excise Tax Elimination Act of
1998” is hereby amended as follows:
44-34.1-2. City and
town and fire district reimbursement. – (a) In fiscal years 2000
and thereafter, cities and towns and fire districts
shall receive reimbursements, as set forth in this
section, from state general revenues equal to the
amount of lost tax revenue due to the phase out
or reduction of the excise tax. Cities and towns and
fire districts shall receive advance
reimbursements through state fiscal year 2002. In
the event the tax is phased out, cities and towns
and fire districts shall receive a permanent distribution
of sales tax revenue pursuant to § 44-18-
18 in an amount equal to any lost revenue resulting
from the excise tax elimination. Lost revenues
must be determined using a base tax rate fixed at
fiscal year 1998 levels for each city, town, and
fire district, except that the Town of Johnston's
base tax rate must be fixed at a fiscal year 1999
level.
(b) The director of
administration shall determine the amount of general revenues to be
distributed to each city and town and fire district
for the fiscal years 1999 and thereafter so that
every city and town and fire district is held
harmless from tax loss resulting from this chapter,
assuming that tax rates are indexed to inflation
through fiscal year 2003.
(2) The director of
administration shall index the tax rates for inflation by applying the
annual change in the December Consumer Price Index –
All Urban Consumers (CPI-U),
published by the Bureau of Labor Statistics of the
United States Department of Labor, to the
indexed tax rate used for the prior fiscal year
calculation; provided, that for state reimbursements
in fiscal years 2004 and thereafter, the indexed tax
rate shall not be subject to further CPI-U
adjustments. The director shall apply the following
principles in determining reimbursements:
(i) Exemptions granted
by cities and towns and fire districts in the fiscal year 1998 must
be applied to assessed values prior to applying the
exemptions in § 44-34.1-1(c)(1). Cities and
towns and fire districts will not be reimbursed for
these exemptions.
(ii) City, town, and
fire districts shall be reimbursed by the state for revenue losses
attributable to the exemptions provided for in §
44-34.1-1 and the inflation indexing of tax rates
through fiscal 2003. Reimbursement for revenue
losses shall be calculated based upon the
difference between the maximum taxable value less
personal exemptions and the net assessed
value.
(iii) Inflation
reimbursements shall be the difference between:
(A) The levy
calculated at the tax rate used by each city and town and fire district for
fiscal year 1998 after adjustments for personal
exemptions but prior to adjustments for
exemptions contained in § 44-34.1-1(c)(1); provided,
that for the town of Johnston the tax rate
used for fiscal year 1999 must be used for the
calculation; and
(B) The levy
calculated by applying the appropriate cumulative inflation adjustment
through state fiscal 2003 to the tax rate used by
each city and town and fire district for fiscal year
1998; provided, that for the town of Johnston the
tax rate used for fiscal year 1999 shall be used
for the calculation after adjustments for personal
exemptions but prior to adjustments for
exemptions contained in § 44-34.1-1.
(c) Funds shall be
distributed to the cities and towns and fire districts as follows:
(i) On October 20,
1998, and each October 20 thereafter through October 20, 2001,
twenty-five percent (25%) of the amount calculated
by the director of administration to be the
difference for the upcoming fiscal year.
(ii) On February 20,
1999, and each February 20 thereafter through February 20, 2002,
twenty-five percent (25%) of the amount calculated
by the director of administration to be the
difference for the upcoming fiscal year.
(iii) On June 20,
1999, and each June 20 thereafter through June 20, 2002, fifty percent
(50%) of the amount calculated by the director of
administration to be the difference for the
upcoming fiscal year.
(iv) On August 1,
2002, and each August 1 thereafter, twenty-five percent (25%) of the
amount calculated by the director of administration
to be the difference for the current fiscal year.
(v) On November 1,
2002, and each November 1 thereafter, twenty-five percent (25%) of
the amount calculated by the director of
administration to be the difference for the current fiscal
year.
(vi) On February 1,
2003, and each February 1 thereafter, twenty-five percent (25%) of
the amount calculated by the director of
administration to be the difference for the current fiscal
year.
(vii) On May 1, 2003,
and each May 1 thereafter, twenty-five percent (25%) of the
amount calculated by the director of administration
to be the difference for the current fiscal year.
Provided, however, the
February and May payments shall be subject to submission of
final certified and reconciled motor vehicle levy
information.
(2) Each city, town,
or fire district shall submit final certified and reconciled motor
vehicle levy information by August 30 of each year.
Any adjustment to the estimated amounts
paid in the previous fiscal year shall be included
or deducted from the payment due November 1.
(3) On any of the
payment dates specified in paragraphs (1)(i) through (vii) of this
subsection, the director is authorized to deduct
previously made over-payments or add
supplemental payments as may be required to bring
the reimbursements into full compliance with
the requirements of this chapter.
(4) For the city of
East Providence, the payment schedule is twenty-five percent (25%) on
February 20, 1999, and each February 20 thereafter
through February 20, 2002, twenty-five
percent (25%) on June 20, 1999, and each June 20
thereafter through June 20, 2002, which
includes final reconciliation of the previous year's
payment, and fifty percent (50%) on October
20, 1999, and each October 20 thereafter through
October 20, 2002. For local fiscal years 2003
and thereafter, the payment schedule is twenty-five
percent (25%) on each November 1, twenty-
five percent (25%) on each February 1, twenty-five
percent (25%) on each May 1, which includes
final reconciliation of the previous year's payment,
and twenty-five percent (25%) on each
August 1; provided, the May and August payments
shall be subject to submission of final
certified and reconciled motor vehicle levy
information.
(5) When the tax is
phased out, funds distributed to the cities, towns, and fire districts for
the following fiscal year shall be calculated as the
funds distributed in the fiscal year of the phase-
out. Twenty-five percent (25%) of the amounts
calculated shall be distributed to the cities and
towns and fire districts on August 1, in the fiscal
year of the phase-out, twenty-five percent (25%)
on the following November 1, twenty-five percent
(25%) on the following February 1, and
twenty-five percent (25%) on the following May 1.
The funds shall be distributed to each city and
town and fire district in the same proportion as
distributed in the fiscal year of the phase-out.
(6) When the tax is
phased out to August 1, of the following fiscal year the director of
administration shall calculate to the nearest tenth
of one cent ($.001) the number of cents of sales
tax received for the fiscal year ending June 30, of
the year following the phase-out equal to the
amount of funds distributed to the cities, towns,
and fire districts under this chapter during the
fiscal year following the phase-out and the percent
of the total funds distributed in the fiscal year
following the phase-out received by each city, town,
and fire district, calculated to the nearest
one-hundredth of one percent (0.01%). The director
of the department of administration shall
transmit those calculations to the governor, the
speaker of the house, the president of the senate,
the chairperson of the house finance committee, the
chairperson of the senate finance committee,
the house fiscal advisor, and the senate fiscal
advisor. The number of cents, applied to the sales
taxes received for the prior fiscal year, shall be
the basis for determining the amount of sales tax
to be distributed to the cities and towns and fire
districts under this chapter for second fiscal year
following the phase-out and each year thereafter.
The cities and towns and fire districts shall
receive that amount of sales tax in the proportions
calculated by the director of administration as
that received in the fiscal year following the
phase-out.
(7) When the tax is
phased out, twenty-five percent (25%) of the funds shall be
distributed to the cities, towns, and fire districts
on August 1, of the following fiscal year and
every August 1 thereafter; twenty-five percent (25%)
shall be distributed on the following
November 1, and every November 1 thereafter;
twenty-five percent (25%) shall be distributed on
the following February 1, and every February 1
thereafter; and twenty-five percent (25%) shall be
distributed on the following May 1, and every May 1
thereafter.
(8) For the city of
East Providence, in the event the tax is phased out, twenty-five percent
(25%) shall be distributed on November 1, of the
following fiscal year and every November 1
thereafter, twenty-five percent (25%) shall be
distributed on the following February 1, and every
February 1 thereafter; twenty-five percent (25%)
shall be distributed on the following May 1, and
every May 1 thereafter; and twenty-five percent
(25%) of the funds shall be distributed on the
following August 1, and every August 1 thereafter.
(9) As provided for in
§ 44-34-6, the authority of fire districts to tax motor vehicles is
eliminated effective with the year 2000 tax roll and
the state reimbursement for fire districts shall
be based on the provisions of § 44-34-6. All
references to fire districts in this chapter do not apply
to the year 2001 tax roll and thereafter.
(10) For
reimbursements payable in the year ending June 30, 2008 and thereafter, the
director of administration shall discount the
calculated value of the exemption to ninety-eight
percent (98%) in order to establish a collection
rate that is comparable to the collection rate
achieved by municipalities in the levy of the motor
vehicle excise tax.
SECTION 3. This
article shall take affect upon passage.
ARTICLE 18
RELATING TO ADMINISTRATIVE
PROCEDURES
SECTION 1. Section 42-35-3 of the General Laws in Chapter
42-35 entitled
"Administrative Procedures" is hereby
amended to read as follows:
42-35-3.
Procedures for adoption of rules. -- (a) Prior to the adoption,
amendment, or
repeal of any rule the agency shall:
(1) Give at least
thirty (30) days notice of its intended action. The notice shall include a
statement of either the terms or substance of the
intended action or a description of the subjects
and issues involved, and of the time when, the place
where, and the manner in which interested
persons may present their views thereon. The notice
shall be mailed to all persons who have made
timely request of the agency for advance notice of
its rule-making proceedings, and published in a
newspaper or newspapers having aggregate general
circulation throughout the state; provided,
however, that if the action is limited in its
applicability to a particular area, then the publication
may be in a newspaper having general circulation in
the area. Notwithstanding the above
requirements, in In lieu of newspaper publication,
advance notice of proposed rulemaking by the
department of health may be provided via electronic
media on a website maintained by the office
of the secretary of state. Authorization for such
electronic notice shall commence on July 1,
2005. and shall expire on June 30, 2010.
In lieu of newspaper publication, advance notice of
proposed rulemaking by all other state departments,
agencies and authorities may also be
provided via electronic media on a website
maintained by the office of secretary of state, and
authorization for such electronic notice shall
commence on May 1, 2008. Copies of proposed
rules shall be available at the agency at the time
of the notice required by this subsection, and by
mail to any member of the public upon request. The
agency shall also prepare a concise summary
of all non-technical amendments being proposed that
shall be made available with copies of the
proposed rules themselves.
(2) Afford all
interested persons reasonable opportunity to submit data, views, or
arguments, orally or in writing. In the case of
rules, opportunity for oral hearing must be granted
if requested by twenty-five (25) persons, or by a
governmental subdivision or agency, or by an
association having not less than twenty-five (25)
members. The agency shall consider fully all
written and oral submissions respecting the proposed
rule. Upon adoption of a rule, the agency, if
requested to do so by an interested person, either
prior to adoption or within thirty (30) days
thereafter, shall issue a concise statement of the
principal reasons for and against its adoption,
incorporating therein its reasons for overruling the
considerations urged against its adoption.
(3) Demonstrate the
need for the adoption, amendment, or repeal of any rule in the
record of the rulemaking proceeding. The agency
shall demonstrate that there is no alternative
approach among the alternatives considered during
the rulemaking proceeding which would be as
effective and less burdensome to affected private
persons as another regulation. This standard
requires that an agency proposing to adopt any new
regulation must identify any other state
regulation which is overlapped or duplicated by the
proposed regulation and justify any overlap
or duplication.
(4) Comply with
section 42-35-3.3.
(5) Ensure that any
proposed additions, deletions or other amendments to the rules and
regulations be clearly marked. If an agency proposes
adoption of a new rule to supersede an
existing rule, the agency shall make available a
summary of all non-technical differences between
the existing and proposed rules. An agency's lawful
promulgation of amendments to an existing
rule shall be deemed to supersede and repeal the
previous enactments of that rule, provided that
the public notice required under subdivision (a)(1)
of this section indicated such an intent.
(b) If an agency
finds that an imminent peril to the public health, safety, or welfare
requires adoption of a rule upon less than thirty
(30) days' notice, and states in writing its reasons
for that finding, it may proceed without prior
notice or hearing or upon any abbreviated notice
and hearing that it finds practicable, to adopt an
emergency rule. The rule so adopted may be
effective for a period of not longer than one
hundred twenty (120) days renewable once for a
period not exceeding ninety (90) days, but the
adoption of an identical rule under subdivisions
(a)(1) and (a)(2) is not precluded.
(c) No rule hereafter
adopted is valid unless adopted in substantial compliance with this
section, but no contest of any rule on its face on
the ground of noncompliance with the procedural
requirements of this section may be commenced after
two (2) years from its effective date, but a
contest of any rule as applied to the complainant
may proceed if the complainant can demonstrate
prejudice as a result of the agency's noncompliance
with this section.
SECTION 2.
Section 45-6-1 of the General Laws in Chapter 45-6 entitled
"Ordinances"
is hereby amended to read as follows:
45-6-1. Scope of
ordinances permissible. -- (a) Town and city councils may, from time
to time, make and ordain all ordinances and
regulations for their respective towns and cities, not
repugnant to law, which they deem necessary for the
safety of their inhabitants from fire,
firearms, and fireworks; to prevent persons standing
on any footwalk, sidewalk, doorstep, or in
any doorway, or riding, driving, fastening, or
leaving any horse or other animal or any carriage,
team, or other vehicle on any footwalk, sidewalk,
doorstep, or doorway within the town or city, to
the obstruction, hindrance, delay, disturbance, or
annoyance of passersby or of persons residing
or doing business in this vicinity; to regulate the putting
up and maintenance of telegraph and
other wires and their appurtenances; to prevent the
indecent exposure of any one bathing in any of
the waters within their respective towns and cities;
against breakers of the Sabbath; against
habitual drunkenness; respecting the purchase and
sale of merchandise or commodities within
their respective towns and cities; to protect burial
grounds and the graves in these burial grounds
from trespassers; and, generally, all other
ordinances, regulations and bylaws for the well
ordering, managing, and directing of the prudential
affairs and police of their respective towns
and cities, not repugnant to the constitution and
laws of this state, or of the United States.
(b) Town and city
councils shall furnish to their senators and representatives, upon
request and at no charge, copies and updates of all
ordinances and regulations.
(c) In lieu of
newspaper publication, advance notice of proposed adoption, amendment,
or repeal of any ordinance or regulation by a
municipality may be provided via electronic media
on a website maintained by the office of the
secretary of state.
SECTION 3. This
article shall take effect as of May 1, 2008.
ARTICLE 19
RELATING TO BRIDGE USE FINES
SECTION 1. Chapter 31-25
of the General Laws entitled "Size, Weight, and Load
Limits" is hereby amended by adding thereto the
following section:
31-25-30. Axle
restriction on the Pawtucket River Bridge and the Sakonnet River
Bridge. – (a) It shall be unlawful to transport or
operate over or upon the Pawtucket River Bridge
or the Sakonnet River Bridge any vehicle equipped
with more than two (2) axles except those
listed in this section.
(b) The director of
the department of transportation is directed to post signs to limit
access as prescribed in subsection (a) of this
section.
(c) The following
vehicles shall be exempt from the provisions of this section: any and all
emergency vehicles, state vehicles, municipal
vehicles, and Rhode Island public transit authority
vehicles.
(d) For the
purposes of this section, "carrier" means and includes any company or
person
who furthers their commercial or private enterprise
by use of the vehicle.
(e) Any carrier
operating a vehicle or combination of vehicles in violation of this section
shall be fined three thousand dollars ($3,000) for
the first offense, not to exceed five thousand
dollars ($5,000) for each and every subsequent
offense.
(f) Nothing in this
provision shall waive or modify existing weight restrictions on the
bridges as defined in section 31-25-27.
SECTION 2. 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 $75.00
department 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
24-12-37 Nonpayment of
toll 100.00
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 first
violation
$100.00 sec-
ond violation
or any subse-
quent viola-
tion
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 highway 75.00
31-19.2-2 Operating
motorized tricycle on an
interstate highway 75.00
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 seating position 75.00
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(b)(2) U.S.
department of transportation
motor carrier safety
rules and
regulations
Not less than
$25.00
or more than
$500.00
31-23-1(e)(6) Removal
of an "out of service vehi-
cle" sticker 125.00
31-23-1(e)(7)
Operation of an "out of service ve-
hicle" 100.00
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 mo-
tor 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 re-
quirements 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 – pas-
senger vehicle 75.00
31-23-51 Operating
bike or motor vehicle
wearing ear phones 60.00 (first
offense)
70.00 second
offense
140.00 for the
third and
each subse-
quent
offense
31-24-1 Times when
lights required 75.00
through
31-24-54
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 (6') rear exceeded 75.00
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 required 75.00
31-25-12.1 Tow truck -
use of lanes (first
offense) 50.00
second offense 75.00
100.00 for the
third and
each
subse-
quent
offense
31-25-14(d)(1) Maximum
weight and tandem ax-
les 125.00
31-25-14(d)(2) Maximum
weight and tandem ax-
les 125.00
31-25-14(d)(3) Maximum
weight and tandem ax-
les 125.00
31-25-16(c)(2) Maximum
weight shown in regis-
tration 65.00 per
thousand
lbs.
overweight or
portion
thereof.
31-25-16(c)(3) Maximum
weight shown in regis-
tration 125.00 per
thousand lbs.
overweight
or
portion
thereof.
31-25-16(c)(4) Maximum
weight shown in regis-
tration 1,025.00
plus
$125.00
per
thousand
pounds
overweight
or
portion
thereof.
31-25-17
Identification of trucks and truck-
tractors (first offense) 50.00
(second offense) 75.00
125.00 for the
third and
subsequent
offenses
31-25-24 Carrying and
inspection of excess
load limit 175.00
31-25-27(c) Maximum
axle 3,000.00 (first offense)
not to exceed 5,000.00 for
each and every subsequent
offense
31-25-30 Maximum
axle Pawtucket River Bridge and Sakonnet River
Bridge 3,000.00 (first
offense)
not to exceed 5,000.00 for
each and every subsequent
offense
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 viola-
tion:
First offense 100.00
Second offense 175.00
Third offense and subsequent of-
fenses 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 and not
exceeding
($100) for
subsequent
offense
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 in-
spections:
First offense 125.00
Second offense 525.00
Third and subsequent
offenses 1,025.00
37-15-7 Littering not
less than 55.00
not more
than five
hundred dol-
lars ($500)
39-12-26 Public
carriers violation 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 3. This
article shall take effect upon passage.
ARTICLE 20
RELATING TO RHODE ISLAND
UNDERGROUND STORAGE TANK ACT
SECTION 1. Section
46-12.9-11 of the General Laws in Chapter 46-12.9 entitled "Rhode
Island Underground Storage Tank Financial
Responsibility Act" is hereby amended to read as
follows:
46-12.9-11.
Fundings. -- (a) There is hereby imposed an environmental protection
regulatory fee of at the rate of one cent ($0.01)
per gallon payable of motor fuel, to be collected
by distributors of motor fuel when the product is
sold to owners and/or operators of underground
storage tanks. Each distributor shall be responsible
to the tax administrator for the collection of
the regulatory fee, and if the distributor is unable
to recover the fee from the person who ordered
the product, the distributor shall nonetheless remit
to the tax administrator the regulatory fee
associated with the delivery. In accordance with the
regulations to be promulgated hereunder, the
fee shall be collected, reported, and paid to the
Rhode Island division of taxation as a separate
line item entry, on a quarterly tax report by those
persons charged with the collection, reporting,
and payment of motor fuels taxes. This fee shall be
administered and collected by the division of
taxation. Notwithstanding the provisions of this
section, the fee shall not be applicable to
purchases by the United States government.
(b) All fees
derived under the provisions of this chapter, including tank registration fees
assessed pursuant to section 46-12.9-7(9), shall be
paid to and received by the review board,
which shall keep such money in a distinct interest
bearing restricted receipt account to the credit
of and for the exclusive use of the fund provided
that for the period January 1, 2008 through June
30, 2008, all revenues generated by the
environmental protection regulatory fee up to a maximum
of two million dollars ($2,000,000) shall be
deposited into the general fund. All fees collected
may be invested as provided by law and all interest received
on such investment shall be credited
to the fund.
(b) (c)
When the fund reaches the sum of eight million dollars ($8,000,000), the
imposition of the fee set forth in this chapter
shall be suspended, and the division of taxation shall
notify all persons responsible for the collection,
reporting and payments of the fee of the
suspension. In the event that the account balance of
the fund subsequently is reduced to a sum
less than five million dollars ($5,000,000) as a
result of fund activity, the fee shall be reinstated
by the division of taxation, following proper notice
thereof, and once reinstated, the collection,
reporting, and payment of the fee shall continue
until the account balance again reaches the sum
of eight million dollars ($8,000,000).
(c) (d)
Upon the determination by the review board and the department that the fund has
reached a balance sufficient to satisfy all pending
or future claims, the review board shall
recommend to the general assembly the
discontinuation of the imposition of the fee created in this
section.
SECTION 2. This
article shall take effect as of January 1, 2008.
RELATING
TO EFFECTIVE DATE
This article provides
that the act shall take effect upon passage, except as otherwise
provided herein.
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LC00897/SUB A/27
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