ARTICLE
16 AS AMENDED
RELATING TO
MUNICIPALITIES
SECTION 1. Section 42-61.2-7 of the General Laws in Chapter
42-61.2 entitled “Video
Lottery Terminal” is hereby
amended to read as follows:
42-61.2-7.
Division of revenue.-- (a) Notwithstanding the
provisions of § 42-61-15, the
allocation of net terminal income derived from video lottery
games is as follows:
(1) For deposit in the
general fund and to the state lottery division fund for administrative
purposes: Net terminal income not otherwise disbursed in
accordance with subdivisions (a)(2) –
(a)(6) herein;
(i)
Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one
percent (0.19%) up to a maximum of twenty million dollars ($20,000,000)
shall be equally
allocated to the distressed communities as defined in §
45-13-12 provided that no eligible
community shall receive more than twenty-five percent (25%) of
that community's currently
enacted municipal budget as its share under this specific
subsection. Distributions made under
this specific subsection are supplemental to all other
distributions made under any portion of
general laws § 45-13-12. For the fiscal year ending June 30,
2008 distributions by community
shall be identical to the distributions made in the fiscal
year ending June 30, 2007 and shall be
made from general appropriations. For the fiscal year
ending June 30, 2009, the total state
distribution shall be the same total amount distributed in the
fiscal year ending June 30, 2008 and
shall be made from general appropriations. For the fiscal
year ending June 30, 2010, the total
state distribution shall be the same total amount
distributed in the fiscal year ending June 30,
2009 and shall be made from general appropriations,
provided however that $784,458 of the total
appropriation shall be distributed equally to each qualifying
distressed community. For each of
the fiscal years ending June 30, 2011, and
June 30, 2012, and June 30, 2013 seven hundred
eighty-four thousand four hundred fifty-eight dollars ($784,458)
of the total appropriation shall
be distributed equally to each qualifying distressed
community.
(ii) Five one
hundredths of one percent (0.05%) up to a maximum of five million dollars
($5,000,000) shall be appropriated to property tax
relief to fully fund the provisions of § 44-33-
2.1. The maximum credit defined in subdivision
44-33-9(2) shall increase to the maximum
amount to the nearest five dollar ($5.00) increment within
the allocation until a maximum credit
of five hundred dollars ($500) is obtained. In no event
shall the exemption in any fiscal year be
less than the prior fiscal year.
(iii) One and twenty-two
one hundredths of one percent (1.22%) to fund § 44-34.1-1,
entitled "Motor Vehicle and Trailer Excise Tax
Elimination Act of 1998", to the maximum
amount to the nearest two hundred fifty dollar ($250)
increment within the allocation. In no event
shall the exemption in any fiscal year be less than the
prior fiscal year.
(iv)
Except for the fiscal year ending June 30, 2008, ten one hundredths of
one percent
(0.10%) to a maximum of ten million dollars
($10,000,000) for supplemental distribution to
communities not included in paragraph (a)(1)(i)
above distributed proportionately on the basis of
general revenue sharing distributed for that fiscal year. For
the fiscal year ending June 30, 2008
distributions by community shall be identical to the distributions
made in the fiscal year ending
June 30, 2007 and shall be made from general
appropriations. For the fiscal year ending June 30,
2009, no funding shall be disbursed. For the fiscal
year ending June 30, 2010 and thereafter,
funding shall be determined by appropriation.
(2) To the licensed video
lottery retailer:
(a)(i)
Prior to the effective date of the NGJA Master Contract, Newport Jai Ali
twenty-six
percent (26%) minus three hundred eighty four thousand nine
hundred ninety-six dollars
($384,996);
(ii) On and after the
effective date of the NGJA Master Contract, to the licensed video
lottery retailer who is a party to the NGJA Master Contract,
all sums due and payable under said
Master Contract minus three hundred eighty four
thousand nine hundred ninety-six dollars
($384,996).
(b)(i) Prior to the effective date of the UTGR Master
Contract, to the present licensed
video lottery retailer at
eight and eighty-five one hundredths percent (28.85%) minus
seven hundred sixty-seven
thousand six hundred eighty-seven dollars ($767,687);
(ii) On and after the
effective date of the UTGR Master Contract, to the licensed video
lottery retailer who is a party to the UTGR Master Contract,
all sums due and payable under said
Master Contract minus seven hundred sixty-seven
thousand six hundred eighty-seven dollars
($767,687).
(3)(i)
To the technology providers who are not a party to the GTECH Master Contract as
set forth and referenced in Public Law 2003, Chapter 32,
seven percent (7%) of the net terminal
income of the provider's terminals; in addition thereto,
technology providers who provide
premium or licensed proprietary content or those games that
have unique characteristics such as
3D graphics, unique math/game play features or
merchandising elements to video lottery
terminals may receive incremental compensation, either in the
form of a daily fee or as an
increased percentage, if all of the following criteria are met:
(A) A licensed video
lottery retailer has requested the placement of premium or licensed
proprietary content at its licensed video lottery facility;
(B) The division of
lottery has determined in its sole discretion that the request is likely to
increase net terminal income or is otherwise important to
preserve or enhance the competiveness
of the licensed video lottery retailer;
(C) After approval of
the request by the division of lottery, the total number of premium
or licensed propriety content video lottery terminals
does not exceed ten percent (10%) of the
total number of video lottery terminals authorized at the
respective licensed video lottery retailer;
and
(D) All incremental
costs are shared between the division and the
respective licensed
video lottery retailer based upon their proportionate
allocation of net terminal income. The
division of lottery is hereby authorized to amend agreements
with the licensed video lottery
retailers, or the technology providers, as applicable, to
effect the intent herein.
(ii) To contractors who
are a party to the Master Contract as set forth and referenced in
Public Law 2003, Chapter 32, all sums due and payable
under said Master Contract;
(iii) Notwithstanding
paragraphs (i) and (ii) above, there shall be
subtracted
proportionately from the payments to technology providers the sum of
six hundred twenty-eight
thousand seven hundred thirty-seven dollars ($628,737);
(4) To the city of
of authorized machines at Newport Grand except that
effective November 9, 2009 until June 30,
2012, the allocation shall be one and two tenths
percent (1.2%) of net terminal income of
authorized machines at Newport Grand for each week the facility
operates video lottery games on
a twenty-four (24) hour basis for all eligible hours
authorized and to the town of
twenty-six hundredths percent (1.26%) of net terminal income
of authorized machines at
Park except that effective November 9, 2009 until June
30, 2012, the allocation shall be one and
forty-five hundredths percent (1.45%) of net terminal income of
authorized machines at
Park for each week the facility operates video lottery
games on a twenty-four (24) hour basis for
all eligible hours authorized; and
(5) To the Narragansett
Indian Tribe, seventeen hundredths of one percent (0.17%) of net
terminal income of authorized machines at
($10,000,000) per year, which shall be paid to the
Narragansett Indian Tribe for the account of a
Tribal Development Fund to be used for the purpose of
encouraging and promoting: home
ownership and improvement, elderly housing, adult vocational
training; health and social
services; childcare; natural resource protection; and economic
development consistent with state
law. Provided, however, such distribution shall terminate
upon the opening of any gaming facility
in which the Narragansett Indians are entitled to any
payments or other incentives; and provided
further, any monies distributed hereunder shall not be used
for, or spent on previously contracted
debts; and
(6) Unclaimed prizes and
credits shall remit to the general fund of the state; and
(7) Payments into the
state's general fund specified in subdivisions (a)(1)
and (a)(6) shall
be made on an estimated monthly basis. Payment shall be
made on the tenth day following the
close of the month except for the last month when payment
shall be on the last business day.
(b)
Notwithstanding the above, the amounts payable by the Division to UTGR related
to
the Marketing Program shall be paid on a frequency agreed
by the Division, but no less
frequently than annually.
(c) Notwithstanding
anything in this chapter 61.2 of this title 42 to the contrary, the
Director is authorized to fund the Marketing Program
as described above in regard to the First
Amendment to the UTGR Master
Contract.
(d) Notwithstanding the
above, the amounts payable by the Division to Newport Grand
related to the Marketing Program shall be paid on a frequency
agreed by the Division, but no less
frequently than annually.
(e) Notwithstanding
anything in this chapter 61.2 of this title 42 to the contrary, the
Director is authorized to fund the Marketing Program
as described above in regard to the First
Amendment to the
SECTION 2. Section 45-13-12 of the General Laws in Chapter
45-13 entitled “Distressed
communities relief fund” is hereby amended to read as follows:
45-13-12. Distressed communities relief fund. -- (a) There is established a fund to
provide state assistance to those
tax burdens relative to the wealth of taxpayers.
(b) Establishment of indices. Four (4) indices of distress shall be
established to determine
eligibility for the program. Each community shall be ranked by
each distress index and any
community which falls into the lowest twenty percent (20%) of
at least three (3) of the four (4)
indices shall be eligible to receive assistance. The four (4)
indices are established as follows:
(1) Percent of tax levy to full value of property. This shall be
computed by dividing the
tax levy of each municipality by the full value of
property for each municipality. For the 1990-91
fiscal year, tax levy and full value shall be as of the
assessment date December 31, 1986.
(2) Per capita income. This shall be the most recent estimate reported
by the
Department of Commerce, Bureau of
the Census.
(3) Percent of personal income to full value of property. This shall be
computed by
multiplying the per capita income above by the most recent
population estimate as reported by the
U.S. Department of Commerce, Bureau of the Census, and
dividing the result by the full value of
property.
(4) Per capita full value of property. This shall be the full value of property
divided by
the most recent estimate of population by the U.S.
Department of Commerce, Bureau of the
Census.
(c) Distribution of funds. Funds shall be distributed to each eligible
community on the
basis of the community's tax levy relative to the total tax
levy of all eligible communities. For the
fiscal year 1990-91, the reference year for the tax levy
shall be the assessment date of December
31, 1988. For each fiscal year thereafter, except for fiscal
year 2007-2008, the reference year and
the fiscal year shall bear the same relationship. For the
fiscal year 2007-2008 the reference year
shall be the same as for the distributions made in fiscal
year 2006-2007.
Any newly qualifying
community shall be paid fifty percent (50%) of current law
requirements the first year it qualifies. The remaining fifty
percent (50%) shall be distributed to
the other distressed communities proportionately. When
any community falls out of the distressed
community program, it shall receive a one-time payment of fifty
percent (50%) of the prior year
requirement exclusive of any reduction for first year
qualification. The community shall be
considered a distressed community in the fall-out year.
(d) Appropriation of funds. The state of
annual appropriations act to support this program. For each
of the fiscal years ending June 30,
2011, and June 30, 2012, and June 30,
2013 seven hundred eighty-four thousand four hundred
fifty-eight dollars ($784,458) of the total appropriation
shall be distributed equally to each
qualifying distressed community.
(e) Payments. Payments shall be made to eligible communities each March
equal to one
half of the appropriated amount and each August equal to one half of the appropriated
amount.
SECTION 3. Section 45-65-6 of the General Laws in Chapter
45-65 entitled “Retirement
Security Act for Locally
Administered Pension Funds” is hereby amended to read as follows:
45-65-6.
Certification and notice requirements. -- (1) Every municipality that
maintains a locally administered plan shall submit its initial
annual actuarial valuation study to
the study commission created herein under § 45-64-8 on or
before April 1, 2012, and for each
plan year ending on or after December 31, 2012, within six
(6) months of completing such plan
year. The initial actuarial experience study shall be
submitted to the study commission on or
before April 1, 2012, and subsequent actuarial experience
studies must be submitted to the study
commission no less frequently than once every three (3) years.
(2) In any case in which
an actuary certifies that a locally administered plan is in critical
status for a plan year, the municipality administering such
a plan shall, not later than thirty (30)
business days following the certification, provide
notification of the critical status to the
participants and beneficiaries of the plan and to the general
assembly, the governor, the general
treasurer, the director of revenue, and the auditor general.
The notification shall also be posted
electronically on the general treasurer's website. Within one
hundred eighty (180) days of sending
the critical status notice, the municipality shall submit
to the study commission a reasonable
alternative funding improvement plan to emerge from critical
status.
(3) The state shall
reimburse every municipality for fifty percent (50%) of the cost of
undertaking its annual actuarial valuation study, which is due
on April 1, 2012.
(4) Notwithstanding any
other law to the contrary, the funding improvement plans and
actuarial valuation studies submitted pursuant to this section
shall be public records.
SECTION 4. This article shall take effect upon passage.