2002 -- 6658 SUBSTITUTE A

 

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LC00694/SUB A

 

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STATE OF RHODE ISLAND

 

 

 

IN GENERAL ASSEMBLY

 

 

 

JANUARY SESSION, A.D. 2002

 

 

 

____________

 

AN ACT

 

MAKING REVISED APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE

 

FISCAL YEAR ENDING JUNE 30, 2002

 

 

 

Introduced By: Representative Robert A. Watson

 

Date Introduced: January 09, 2002

 

Referred To: House Finance

 

It is enacted by the General Assembly as follows:

 

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ARTICLE 1      MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2002

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ARTICLE 2      RELATING TO MOTOR VEHICLE EXCISE TAX REIMBURSEMENTS

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ARTICLE 3      RELATING TO LICENSING OF HEALTH CARE FACILITIES

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ARTICLE 4      RELATING TO CERTIFICATION OF HEALTH PLANS

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ARTICLE 5     RELATING TO REVENUE ESTIMATES AND BUDGET SUBMISSION

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ARTICLE 6     RELATING TO INSURANCE

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ARTICLE 7      RELATING TO THE TOBACCO SETTLEMENT FINANCING CORP. ACT

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ARTICLE 8      RELATING TO CIGARETTE TAX

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ARTICLE 9      RELATING TO SINKING FUND

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ARTICLE 10    RELATING TO TAXATION

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ARTICLE 11    RELATING TO HEALTH INSURANCE PROVIDERS

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ARTICLE 12    RELATING TO EFFECTIVE DATE

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2-1

ARTICLE 1

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MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2002

2-3

 SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained

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in this act, the following general revenue amounts are hereby appropriated out of any money in

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the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,

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2002. The amounts identified for federal funds and restricted receipts shall be made available

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pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For

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the purposes and functions hereinafter mentioned, the state controller is hereby authorized and

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directed to draw his or her orders upon the general treasurer for the payment of such sums or such

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portions thereof as may be required from time to time upon receipt by him or her of properly

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authenticated vouchers.

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                                                                                         FY 2002             FY 2002            FY 2002

2-13

Enacted VarianceRecommend

2-14

Administration

2-15

Central Management

2-16

 General Revenues                                                           1,835,080               68,554            1,903,634

2-17

 Federal Funds                                                                   204,894                 1,669               206,563

2-18

 Total - Central Management                                           2,039,974               70,223            2,110,197

2-19

Accounts and Control

2-20

 General Revenue

2-21

 General Revenues                                                           4,746,970           1,063,819          5,810,789

2-22

 RI e-Government Fund-RI-SAIL                                    2,000,000                65,098         2,065,098

2-23

 Total - Accounts and Control                                          6,746,970           1,128,917          7,875,887

2-24

Budgeting General Revenues                                            2,106,537                (5,245)          2,101,292

2-25

Municipal Affairs

2-26

 General Revenues                                                           1,236,447             (100,565)        1,135,882

2-27

 Federal Funds                                                                 7,500,108            1,117,724        8,617,832

2-28

 Total - Municipal Affairs                                                  8,736,555            1,017,159        9,753,714

2-29

Purchasing General Revenues                                           2,101,214                 64,036        2,165,250

2-30

Auditing General Revenues                                               1,509,967                 31,717        1,541,684

2-31

Human Resources

2-32

 General Revenues                                                           6,480,675                310,441        6,791,116

2-33

 Federal Funds                                                                              0                  14,000             14,000

2-34

 Total - Human Resources                                               6,480,675                 324,441       6,805,116

2-35

Personnel Appeal Board General Revenues                         131,263                (18,796)          112,467

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Taxation

2-37

 Other Funds

3-1

 Motor Fuel Tax Evasion Program                                         90,000                       937            90,937

3-2

 Temporary Disability Insurance                                           642,440                (58,893)         583,547

3-3

 General Revenues                                                          14,814,080             1,133,449     15,947,529

3-4

 Federal Funds                                                                  1,306,280             (117,594)       1,188,686

3-5

 Restricted Receipts                                                              334,963              155,221            490,184

3-6

 Total - Taxation                                                              17,187,763            1,113,120     18,300,883

3-7

Registry of Motor Vehicles

3-8

 Other Funds

3-9

 Motor Vehicle Emission Inspections – CMAQ                       11,204               (11,204)                     0

3-10

 Registration Denial Program                                                           0                110,000           110,000

3-11

General Revenues

3-12

 General Revenue                                                            13,793,639               358,755      14,152,394

3-13

 RI e-Gov Fund – Digital License System                             150,000               150,000            300,000

3-14

 RI e-Gov Fund – OLIS Support – RMV System                350,000             (150,000)           200,000

3-15

 Federal Funds                                                                               0               394,137            394,137

3-16

 Restricted Receipts                                                               15,848                         0              15,848

3-17

 Total – Registry of Motor Vehicles                                 14,320,691              851,688       15,172,379

3-18

Child Support Enforcement

3-19

 General Revenues                                                            3,193,389               (20,139)       3,173,250

3-20

 Federal Funds                                                                  7,267,802             (174,767)       7,093,035

3-21

 Total - Child Support Enforcement                                  10,461,191            (194,906)     10,266,285

3-22

Central Services

3-23

 Other Funds-Lighting Conservation                                      661,278                         0           661,278

3-24

 General Revenue                                                            11,911,939             (204,285)     11,707,654

3-25

 Energy Office Grants                                                          381,016                903,022       1,284,038

3-26

 Federal Funds                                                                18,543,661             (293,499)     18,250,162

3-27

 Restricted Receipts                                                          1,049,861                267,508       1,317,369

3-28

 Total - Central Services                                                 32,547,755                 672,746     33,220,501

3-29

Office of Library and Information Services

3-30

 Other Funds

3-31

 Federal Highway - PL Systems Planning                              851,184                   70,059         921,243

3-32

 Federal Highway - T2 Systems Planning                              117,550                   10,000         127,550

3-33

 Air Quality Modeling                                                             20,283                            0           20,283

3-34

 General Revenues                                                            2,606,304                  (40,348)     2,565,956

3-35

 Federal Funds                                                                 1,357,458                 (138,416)     1,219,042

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 Restricted Receipts Total                                                      10,830                     (1,158)           9,672

3-37

 Total - Office of Library and Information Services             4,963,609                  (99,863)    4,863,746

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General

3-39

 Other Funds

3-40

 RICAP – State House Renovations (Phase I)                                  0                  100,000       100,000

3-41

 RICAP – A-Building Stabilization – Pastore Center              100,000                (100,000)                  0

3-42

 RICAP - State House Skylights and Roof                          1,733,000               1,513,209    3,246,209

4-1

 RICAP - State House Terrace/South Stairs                       2,903,000                (739,675)    2,163,325

4-2

 RICAP - Chapin Health Laboratory                                     300,000                (184,373)       115,627

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 RICAP - Cranston Street Armory                                     1,000,000                (604,813)       395,187

4-4

 RICAP - Cannon Building                                                    150,000                  137,859       287,859

4-5

 RICAP – Second State House Elevator                                           0                   12,000          12,000

4-6

 RICAP – Ladd Center – Infrastructure                                             0                974,046        974,046

4-7

 RICAP – Old State House                                                       35,000                 15,000          50,000

4-8

 RICAP - State Office Building                                                200,000               (89,603)       110,397

4-9

 RICAP – Veterans’ Auditorium Office Building                                  0                 73,204          73,204

4-10

 RICAP – State Information Operations Center                        200,000             (200,000)                  0

4-11

 RICAP – Old Colony House                                                   200,000                          0       200,000

4-12

 RICAP - Court Buildings – HVAC                                          362,000            (362,000)                  0

4-13

 RICAP - Asset Inventory                                                          50,000               250,000       300,000

4-14

 RICAP - Washington County Government Center                   395,000              (318,000)        77,000

4-15

 RICAP - State House Renovations – Phase II                         592,664               (516,352)       76,312

4-16

 RICAP – Board of Elections Building                                        50,000                 (25,000)       25,000

4-17

 RICAP – Environmental Compliance                                       900,000               (150,000)     750,000

4-18

 RICAP - Fox Point Hurricane Barrier                                        50,000                            0       50,000

4-19

 General Revenue

4-20

 General Revenues                                                               11,419,295           (1,060,375) 10,358,920

4-21

 Contingency Fund                                                                               0             1,771,045   1,771,045

4-22

 Race and Police Community Relations Commission                  300,000                           0     300,000

4-23

 Economic Development Corporation                                     7,826,807                           0   7,826,807

4-24

 Centers of Excellence                                                           3,000,000                            0   3,000,000

4-25

 Housing Resources Commission                                           8,652,098            (5,001,237)  3,650,861

4-26

 Motor Vehicle Excise Tax Payment                                    97,202,898             2,361,665  99,564,563

4-27

 Property Valuation                                                                1,073,300                 46,700   1,120,000

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 General Revenue Sharing Program                                      43,621,430                          0   43,621,430

4-29

 Payment in Lieu of Tax Exempt Properties                          18,151,500                           0  18,151,500

4-30

 Distressed Communities Relief Program                                7,400,000                100,000   7,500,000

4-31

 Resource Sharing and State Library Aid                                6,318,527                          0    6,318,527

4-32

 Library Construction Aid                                                      2,280,669             (234,245)    2,046,424

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 Federal Funds                                                                         700,000                         0        700,000

4-34

 Restricted Receipts                                                                  566,000                         0       566,000

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 Total - General                                                                 217,733,188         (2,230,945)  215,502,243

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Debt Service Payments

4-37

 Other Funds

4-38

 MHRH Community Services Program                                                0            6,776,960     6,776,960

4-39

 MHRH Community Mental Health Program                                        0            2,749,415     2,749,415

4-40

 DEM – Narragansett Bay Commission                                  5,066,552             (21,310)     5,045,242

4-41

 DEM – Clean Water Finance Agency                                   3,834,496         (2,075,667)    1,758,829

4-42

 DEM Debt Service – Recreation                                                        0            5,339,102    5,339,102

5-1

 DEM – Wastewater Treatment                                             6,098,952            3,731,500    9,830,452

5-2

 RIPTA Debt Service                                                               771,729                 10,809       782,538

5-3

 Transportation Debt Service                                               42,085,172               (10,010)  42,075,162

5-4

 RIRBA - DLT – Temporary Disability Insurance                       60,222                           0        60,222

5-5

 COPS - DLT Building – Other                                               360,202                   23,641      383,843

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 COPS – Center General – Furniture - TDI                                  2,080                           0          2,080

5-7

 COPS – Pastore Center Telecommunications – TDI                  19,799                           0        19,799

5-8

 Debt - URI Education and General                                          963,451                124,744   1,088,195

5-9

 Debt - URI Housing Loan Funds                                          1,845,923                  43,340   1,889,263

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 Debt - URI Dining Services                                                     265,179                    1,736      266,915

5-11

 Debt - URI Health Services                                                     125,409                       821     126,230

5-12

 Debt - W. Alton Jones Services                                               111,050                       727      111,777

5-13

 Debt - URI Memorial Union                                                      97,648                       638        98,286

5-14

 Debt - URI Sponsored Research (Indirect Cost)                      101,347                           0      101,347

5-15

 Debt - RIC Education and General                                          296,614                     (750)      295,864

5-16

 Debt - RIC Housing                                                                568,390                  (7,099)      561,291

5-17

 Debt - RIC Student Center and Dining                                     177,951                           0     177,951

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 Debt - RIC Student Union                                                       254,765                (57,394)     197,371

5-19

 Debt - CCRI Bookstore                                                          177,092                           0      177,092

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 General Revenues Debt Service Payments                         115,958,757        (22,628,427)  93,330,330

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 Federal Funds                                                                      1,632,114               (71,489)    1,560,625

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 Restricted Receipts                                                              5,961,760                (69,435)    5,892,325

5-23

 Total - Debt Service Payments                                         186,836,654          (6,138,148)  180,698,506

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Division of Sheriffs General Revenues                                  12,246,353             (152,268)  12,094,085

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 Grand Total - Administration                                            526,150,359          (3,566,124)  522,584,235

5-26

Business Regulation

5-27

Central Management General Revenues                                1,433,701                 56,575     1,490,276

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Banking Regulation General Revenues                                   1,469,676            (114,541)     1,355,135

5-29

Securities Regulation General Revenues                                   664,764              (19,913)         644,851

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Commercial Licensing and Regulation

5-31

 General Revenues                                                                  916,007                 99,431     1,015,438

5-32

 Restricted Receipts                                                                100,000                          0        100,000

5-33

 Total - Commercial Licensing and Regulation                       1,016,007                 99,431     1,115,438

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Racing and Athletics General Revenue                                     684,934               (17,373)       667,561

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Insurance Regulation

5-36

 General Revenues                                                               3,503,038               (74,057)     3,428,981

5-37

 Gramm, Leach, Bliley Act – General Revenues                                  0               489,000        489,000

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 Notwithstanding the provisions of section 35-3-15 of the general laws o Chapter 35-3 entitled “State

5-39

 Budget”, all unexpended, encumbered and unencumbered general revenue balances of the appropriation

5-40

 for the Gramm, Leach, Bliley Act in the Department of Business Regulation at the end of the fiscal

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 year 2002 shall be reappropriated in the ensuing fiscal year and made immediately available for the

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 same purposes as the former application.

6-2

 Restricted Receipts                                                                   357,465             122,736       480,201

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 Total - Insurance Regulation                                                   3,860,503             537,679    4,398,182

6-4

Board of Accountancy General Revenues                                   189,452               (7,361)      182,091

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 Grand Total - Business Regulation                                         9,319,037              534,497    9,853,534

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Labor and Training

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Central Management

6-8

 General Revenues                                                                    279,999              105,899        385,898

6-9

 Restricted Receipts Director of Workers' Compensation          471,284              304,188        775,472

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 Total - Central Management                                                    751,283              410,087     1,161,370

6-11

Workforce Development Services

6-12

 Federal Funds                                                                    20,405,853           4,038,397   24,444,250

6-13

 Restricted Receipts

6-14

 ES – Reemployment Program                                              1,127,297            (108,959)     1,018,338

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 Human Resource Investment Council                                   9,113,176                69,665     9,182,841

6-16

 Job Development Fund DET Admin                                      267,115              (227,172)          39,943

6-17

 HRIC – Supportive Work/Rapid Job Entry                                      0              2,000,000     2,000,000

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 Total - Workforce Development Services                         30,913,441              5,771,931   36,685,372

6-19

Workforce Regulation and Safety General Revenues           3,687,515                  113,357    3,800,872

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Income Support

6-21

 Other Funds

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 Temporary Disability Insurance Fund                             142,160,533              9,974,168  152,134,701

6-23

 Employment Security Fund                                            151,500,000            62,000,000  213,500,000

6-24

 General Revenues                                                             2,654,310                   47,084     2,701,394

6-25

 Federal Funds                                                                18,227,232                 307,297    18,534,529

6-26

 Restricted Receipts                                                          1,989,520             (1,284,896)        704,624

6-27

 Total - Income Support                                               316,531,595              71,043,653  387,575,248

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Injured Workers Services Restricted Receipts                  9,306,763                 (345,203)     8,961,560

6-29

 Labor Relations Board General Revenues                           339,269                    17,806         357,075

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 Grand Total - Labor and Training                                361,529,866              77,011,631  438,541,497

6-31

Legislature

6-32

 General Revenues                                                         24,886,849                3,452,536    28,339,385

6-33

 Restricted Receipts                                                            757,329                      1,503         758,832

6-34

 Grand Total - Legislature                                              25,644,178                3,454,039    29,098,217

6-35

Lieutenant Governor General Revenues                           764,928                    (4,779)        760,149

6-36

State

6-37

Administration General Revenues                                     1,165,919                    86,416      1,252,335

6-38

Corporations

6-39

 General Revenue

6-40

 General Revenue                                                           1,426,980                      7,265        1,434,245

6-41

 RI e-Gov Fund – UCC Automated System                       250,000                             0          250,000

7-1

 Total - Corporations                                                      1,676,980                      7,265        1,684,245

7-2

State Archives

7-3

 General Revenues                                                            281,015                      (1,495)          279,520

7-4

 Federal Funds                                                                   18,631                         5,410           24,041

7-5

 Restricted Receipts                                                          193,337                      (3,642)         189,695

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 Total - State Archives                                                      492,983                           273         493,256

7-7

Elections General Revenues                                               467,857                      (1,532)        466,325

7-8

State Library General Revenues                                         703,827                        1,613        705,440

7-9

Office of Public Information General Revenues                   480,928                           161         481,089

7-10

 Grand Total - State                                                        4,988,494                      94,196     5,082,690

7-11

General Treasurer

7-12

Treasury

7-13

 Other Funds

7-14

 Temporary Disability Insurance Fund                                  196,252                 36,244            232,496

7-15

 General Revenues                                                            2,584,159                59,052          2,643,211

7-16

 Federal Funds                                                                    265,140              (50,957)             214,183

7-17

 Restricted Receipts                                                              16,000                 (5,102)              10,898

7-18

 Total – Treasury                                                             3,061,551                 39,237          3,100,788

7-19

State Retirement System

7-20

 Other Funds

7-21

 Admin Expenses - State Retirement System                  11,148,136                 72,187        11,220,323

7-22

 Retirement - Treasury Investment Operations                    542,026                  25,172             567,198

7-23

 Total - State Retirement System                                   11,690,162                  97,359        11,787,521

7-24

Unclaimed Property Restricted Receipts                          9,382,527              (302,598)         9,079,929

7-25

RI Refunding Bond Authority General Revenues                   67,827                  14,341               82,168

7-26

Crime Victim Compensation Program

7-27

 General Revenues                                                          2,420,467                (21,744)         2,398,723

7-28

 Federal Funds                                                               1,497,137                     2,909         1,500,046

7-29

 Restricted Receipts                                                        1,727,619                  12,146          1,739,765

7-30

 Total - Crime Victim Compensation Program                 5,645,223                  (6,689)         5,638,534

7-31

 Grand Total – General Treasurer                                  29,847,290             (158,350)        29,688,940

7-32

Boards for Design Professionals General Revenues        350,275                 12,515             362,790

7-33

Board of Elections

7-34

General Revenue

7-35

 

7-36

 General Revenues                                                           2,120,057                  30,730         2,150,787

7-37

 RI e-Gov Fund – Electronic Campaign Finance System      330,000                           0            330,000

7-38

 Grand Total - Board of Elections                                     2,450,057                  30,730         2,480,787

7-39

Rhode Island Ethics Commissions General Revenues      847,427                  57,507            904,934

7-40

Office of Governor General Revenues                            5,681,777                (70,612)         5,611,165

7-41

Public Utilities Commission

7-42

 General Revenues                                                               731,240               (20,447)           710,793

8-1

 Federal Funds                                                                      61,538                           0             61,538

8-2

 Restricted Receipts                                                         4,663,397                   20,115        4,683,512

8-3

 Total - Public Utilities Commission                                   5,456,175                     (332)        5,455,843

8-4

Rhode Island Commission on Women General Revenues 139,140                      530           139,670

8-5

Children, Youth, and Families

8-6

Central Management

8-7

 General Revenues                                                            7,828,990                (15,071)       7,813,919

8-8

 Federal Funds                                                                 5,117,207               (310,176)       4,807,031

8-9

 Total - Central Management                                          12,946,197               (325,247)     12,620,950

8-10

Children's Behavioral Health Services

8-11

 Other Funds

8-12

 RICAP – Groden Center – Mt. Hope                                 79,660                  (79,660)                     0

8-13

 RICAP - Spurwink/RI                                                      199,000                  (16,077)          182,923

8-14

 General Revenues                                                        21,620,441                  509,818      22,130,259

8-15

 Federal Funds                                                             19,732,041                   812,681      20,544,722

8-16

 Total - Children's Behavioral Health Services               41,631,142                1,226,762      42,857,904

8-17

Juvenile Correctional Services

8-18

 Other Funds RICAP – RI Training School Bathroom Renovations 100,000                 0           100,000

8-19

 General Revenues                                                       24,423,744                   236,663      24,660,407

8-20

 Federal Funds                                                               2,855,694                  795,402         3,651,096

8-21

 Restricted Receipts                                                              8,000                   500,000           508,000

8-22

 Total - Juvenile Correctional Services                          27,387,438               1,532,065       28,919,503

8-23

Child Welfare

8-24

 General Revenues

8-25

 General Revenue                                                        78,956,984               5,727,570       84,684,554

8-26

 Children's Trust Fund                                                        55,500                             0              55,500

8-27

 Federal Funds                                                            55,627,562               4,557,434       60,184,996

8-28

 Restricted Receipts                                                       1,387,191               (365,188)        1,022,003

8-29

Total - Child Welfare                                                 136,027,237              9,919,816      145,947,053

8-30

Higher Education Incentive Grant – General Revenue

8-31

 Total - Higher Education Incentive Grants                        150,000                   53,727             203,727

8-32

Notwithstanding the provisions of section 35-3-15 of the general laws in

8-33

chapter 35-3 entitled “State Budget,” all unexpended, encumbered and

8-34

unencumbered general revenues balances of the appropriation for the

8-35

higher education opportunity incentive grants in the Department of

8-36

Children, Youth and Families at the end of fiscal year 2002 shall be

8-37

reappropriated in the ensuing fiscal year and made immediately available

8-38

for the same purposes as the former applications.

8-39

 Grand Total - Children, Youth, and Families               218,142,014            12,407,123     230,549,137

8-40

Elderly Affairs

8-41

 Other Funds Intermodal Surface Transportation Fund     4,700,000               (205,463)        4,494,537

8-42

 General Revenue

9-1

 General Revenues                                                       13,477,616                    17,290       13,494,906

9-2

 RIPAE                                                                       10,280,993               1,632,147       11,913,140

9-3

 Safety and Care of the Elderly                                             1,000                       (500)                   500

9-4

 Federal Funds                                                              8,659,750                  867,604         9,527,354

9-5

 Grand Total - Elderly Affairs                                       37,119,359               2,311,078       39,430,437

9-6

Health

9-7

Central Management

9-8

 Other Funds Trauma Registry                                          228,109                   (58,512)           169,597

9-9

 General Revenue

9-10

 General Revenue                                                           2,609,284                  (37,137)        2,572,147

9-11

 RI e-Gov Fund – Automated Vital Records System          300,000                              0          300,000

9-12

 Federal Funds                                                               3,061,631                 (765,222)       2,296,409

9-13

 Restricted Receipts                                                       1,729,242                      24,062       1,753,304

9-14

 Total - Central Management                                          7,928,266                  (836,809)      7,091,457

9-15

State Medical Examiner General Revenues                     1,678,857                     (21,946)    1,656,911

9-16

Family Health

9-17

 General Revenues

9-18

 General Revenue                                                          8,465,477                      531,033      8,996,510

9-19

 Poison Control Center                                                    250,000                                  0        250,000

9-20

 Federal Funds                                                           27,385,678                    2,363,067    29,748,745

9-21

 Restricted Receipts                                                      3,459,596                      408,430      3,868,026

9-22

 Total - Family Health                                                 39,560,751                   3,377,530    42,938,281

9-23

Health Services Regulation

9-24

 General Revenues

9-25

 General Revenue                                                          4,375,908                       40,575       4,416,483

9-26

 Hospital Care Consultant Report                                     292,312                          (943)         291,369

9-27

 Federal Funds                                                             1,963,101                      189,833      2,152,934

9-28

 Restricted Receipts                                                         464,833                       29,247          494,080

9-29

 Total - Health Services Regulation                               7,096,154                      258,712       7,354,866

9-30

Environmental Health

9-31

 General Revenues                                                       4,157,352                     (118,917)     4,038,435

9-32

 Federal Funds                                                             2,216,902                      444,482      2,661,384

9-33

 Restricted Receipts                                                         670,447                      397,979      1,068,426

9-34

 Total - Environmental Health                                        7,044,701                     723,544       7,768,245

9-35

Health Laboratories

9-36

 General Revenues                                                        5,638,424                      352,839      5,991,263

9-37

 Federal Funds                                                                794,635                       (91,018)        703,617

9-38

 Total - Health Laboratories                                          6,433,059                      261,821      6,694,880

9-39

Disease Prevention and Control

9-40

 Other Funds

9-41

 Child Safety Program                                                                  0                       20,000          20,000

9-42

 Walkable Communities Initiative                                                  0                       80,000           80,000

10-1

 General Revenue

10-2

 General Revenues                                                        5,220,109                        80,362      5,300,471

10-3

 Smoking Cessation                                                      1,000,000                    (700,000)        300,000

10-4

 Federal Funds                                                           11,656,697                      164,825    11,821,522

10-5

 Restricted Receipts                                                          79,783                      796,217          876,000

10-6

 Total - Disease Prevention and Control                     17,956,589                      441,404     18,397,993

10-7

 Grand Total - Health                                                87,698,377                   4,129,256      91,827,633

10-8

Human Services

10-9

Central Management

10-10

 General Revenues                                                      7,089,388                     (175,255)      6,914,133

10-11

 Federal Funds                                                           3,673,194                       210,061       3,883,255

10-12

 Restricted Receipts                                                   1,786,967                       188,033        1,975,000

10-13

Total - Central Management                                     12,549,549                       222,839     12,772,388

10-14

Individual and Family Support

10-15

 Other Funds

10-16

 RICAP – Veterans Home Roof                                      60,000                     (60,000)                        0

10-17

 RICAP - Forand Bldg Exterior Doors & Windows       135,000                    (135,000)                      0

10-18

 RICAP - Forand Bldg Soffitts Replacement                    85,000                      (85,000)                      0

10-19

 RICAP - Forand Bldg Exterior Window Panels            349,375                     (344,802)              4,573

10-20

 General Revenues                                                    20,699,761                    (391,026)      20,308,735

10-21

 Federal Funds                                                         50,994,985                       994,205      51,989,190

10-22

 Restricted Receipts                                                         73,680                                  0            73,680

10-23

 Total - Individual and Family Support                       72,397,801                       (21,623)     72,376,178

10-24

Veterans' Affairs

10-25

 General Revenues                                                    13,405,994                        742,127     14,148,121

10-26

 Federal Funds                                                            5,604,801                    1,066,701      6,671,502

10-27

 Restricted Receipts                                                    1,085,986                     1,000,520      2,086,506

10-28

 Total - Veterans' Affairs                                           20,096,781                     2,809,348     22,906,129

10-29

Health Care Quality, Financing and Purchasing

10-30

 General Revenues                                                    22,250,099                         208,715    22,458,814

10-31

 Federal Funds                                                         30,378,277                      1,522,688    31,900,965

10-32

 Restricted Receipts                                                      330,000                          165,238        495,238

10-33

 Total - Health Care Quality, Financing & Purchasing 52,958,376                      1,896,641    54,855,017

10-34

Medical Benefits

10-35

 General Revenues

10-36

 Hospitals                                                                 87,084,274                      4,130,142   91,214,416

10-37

 Nursing Facilities                                                   121,332,000                      (935,500)   120,396,500

10-38

 Managed Care                                                      114,428,738                    5,001,456    119,430,194

10-39

 Other                                                                      86,731,949                       331,585      87,063,534

10-40

 Special Education                                                      9,493,730                    3,506,270     13,000,000

10-41

 Federal Funds

10-42

 Hospitals                                                                 95,166,543                     4,619,041    99,785,584

11-1

 Nursing Facilities                                                   135,743,050                   (1,139,550)  134,603,500

11-2

 Managed Care                                                      132,790,263                     5,079,543   137,869,806

11-3

 Other                                                                      98,136,077                      (796,882)    97,339,195

11-4

 Special Education                                                    11,006,270                     3,593,730    14,600,000

11-5

 Restricted Receipts Total                                                15,000                                   0           15,000

11-6

 Total - Medical Benefits                                        891,927,894                   23,389,835    915,317,729

11-7

Supplemental Security Income Program General Revenues 28,267,437              599,662     28,867,099

11-8

Family Independence Program

11-9

 General Revenues

11-10

 Child Care                                                             53,609,428                       (823,540)    52,785,888

11-11

 TANF/Family Independence Program                    17,999,851                       (134,049)    17,865,802

11-12

 Federal Funds                                                        82,403,049                      4,903,539     87,306,588

11-13

 Total - Family Independence Program                  154,012,328                      3,945,950  157,958,278

11-14

State Funded Programs

11-15

 General Revenues

11-16

 General Public Assistance                                        2,074,263                              8,013      2,082,276

11-17

 Food Stamp Replacement for Legal Immigrants       1,619,226                             72,486      1,691,712

11-18

 Citizenship Participation Program                               100,000                                      0         100,000

11-19

 Weatherization One-Time Payment                        1,579,000                              83,500       1,662,500

11-20

 Federal Funds                                                     59,026,224                         5,330,264     64,356,488

11-21

 Total - State Funded Programs                            64,398,713                        5,494,263     69,892,976

11-22

 Grand Total - Human Services                        1,296,608,879                      38,336,915  1,334,945,794

11-23

Mental Health, Retardation, and Hospitals

11-24

Central Management General Revenues                  1,703,146                           269,539       1,972,685

11-25

Hospital and Community System Support

11-26

 Other Funds

11-27

 RICAP - Utilities Upgrade                                       400,000                           109,700           509,700

11-28

 RICAP – Central Power Plant Rehabilitation                       0                           360,000           360,000

11-29

 RICAP - Medical Center Rehabilitation                   664,932                         (414,931)           250,001

11-30

 RICAP – Utility Systems - Water Tanks and Pipes  350,000                         (238,675)           111,325

11-31

 RICAP - Environmental Mandates                           550,000                        (550,000)                       0

11-32

 General Revenues                                               19,945,762                       2,694,578       22,640,340

11-33

 Total - Hospital and Community System Support 21,910,694                       1,960,672       23,871,366

11-34

Services for the Developmentally Disabled

11-35

 General Revenues

11-36

 General Revenue                                                 98,548,866                     (1,696,912)      96,851,954

11-37

 Pirovano Trust                                                                    0                           260,990           260,990

11-38

 Federal Funds Total                                          111,725,085                      (1,407,756)   110,317,329

11-39

 Total - Services for the Developmentally Disabled 210,273,951                   (2,843,678)   207,430,273

11-40

Integrated Mental Health Services

11-41

 General Revenues                                                30,347,627                          361,127      30,708,754

11-42

 Federal Funds                                                     28,172,341                           401,731     28,574,072

12-1

 Total - Integrated Mental Health Services            58,519,968                           762,858     59,282,826

12-2

Hospital and Community Rehabilitation Services

12-3

 Other Funds RICAP - Zambarano Buildings and Utilities 404,942                  (304,942)          100,000

12-4

 General Revenues                                               50,523,558                        1,158,695      51,682,253

12-5

 Federal Funds                                                     52,382,371                           951,611     53,333,982

12-6

 Total - Hospital and Community Rehab. Services 103,310,871                      1,805,364   105,116,235

12-7

Substance Abuse

12-8

 Other Funds RICAP - Asset Protection                    100,000                            13,000           113,000

12-9

 General Revenue

12-10

 General Revenue                                                 14,829,699                           464,231     15,293,930

12-11

 Providence Community Action                                 213,000                         (213,000)                     0

12-12

 Federal Funds                                                      9,942,976                           572,340      10,515,316

12-13

 Restricted Receipts                                                   55,000                             10,000              65,000

12-14

 Total - Substance Abuse                                   25,140,675                            846,571       25,987,246

12-15

 Grand Total - Mental Health, Retardation, and Hospitals 420,859,305         2,801,326     423,660,631

12-16

Office of the Child Advocate

12-17

 General Revenues                                                  523,165                                (700)            522,465

12-18

 Federal Funds                                                        342,703                             16,487             359,190

12-19

 Grand Total – Child Advocate                               865,868                              15,787             881,655

12-20

Commission on the Deaf and Hard of Hearing General Revenues 257,890 (61,440)           196,450

12-21

RI Developmental Disabilities Council Federal Funds 408,984                     11,493           420,477

12-22

Governor's Commission on Disabilities

12-23

 General Revenues                                                 305,032                               (1,188)            303,844

12-24

 Federal Funds                                                         28,181                               (2,909)             25,272

12-25

 Restricted Receipts                                                   1,400                               36,232              37,632

12-26

 Grand Total - Governor's Commission on Disabilities 334,613                           32,135           366,748

12-27

Commission for Human Rights

12-28

 General Revenues                                                  782,565                            (47,603)            734,962

12-29

 Federal Funds                                                       426,177                             (10,000)           416,177

12-30

 Grand Total - Commission for Human Rights      1,208,742                             (57,603)        1,151,139

12-31

Mental Health Advocate General Revenues        294,878                             (11,847)           283,031

12-32

Elementary and Secondary Education

12-33

State Aid

12-34

 General Revenue State Support Local School Operations 575,846,092           535,000     576,381,092

12-35

 Federal Funds Total                                                        0                           2,536,209         2,536,209

12-36

 Total - State Aid                                           575,846,092                           3,071,209     578,917,301

12-37

School Housing Aid General Revenues             30,775,774                           2,446,419       33,222,193

12-38

Teacher's Retirement General Revenues            37,243,558                        (6,019,652)       31,223,906

12-39

RI School for the Deaf

12-40

 Other Funds

12-41

 RICAP - School for the Deaf - Physical Education Facility 268,250              (235,728)             32,522

13-1

 General Revenues                                             5,681,452                            (299,052)        5,382,400

13-2

 Federal Funds                                                     946,979                              298,873         1,245,852

13-3

 Restricted Receipts                                                        0                                   1,418               1,418

13-4

 Total - RI School for the Deaf                          6,896,681                             (234,489)        6,662,192

13-5

Central Falls School District General Revenues 33,265,963                                         0      33,265,963

13-6

Davies Career and Technical School

13-7

 Other Funds RICAP – Davies Roof Repair          450,000                           (450,000)                       0

13-8

 General Revenues                                           10,611,621                           (283,544)       10,328,077

13-9

 Federal Funds                                                     797,359                             232,512          1,029,871

13-10

 Restricted Receipts                                               25,000                             169,836              194,836

13-11

 Total - Davies Career and Technical School   11,883,980                           (331,196)        11,552,784

13-12

Metropolitan Career and Technical School General Revenues 2,155,00                     0          2,155,000

13-13

Program Operations

13-14

 Other Funds

13-15

 RICAP – East Providence Vocational HVAC      140,980                           (131,380)               9,600

13-16

 RICAP – Hanley – HVAC                                  125,000                               91,617             216,617

13-17

 RICAP – Woonsocket Vocational HVAC                      0                               10,160              10,160

13-18

 RICAP – State-Owned Schools – Fire Alarm Systems 100,000                    (22,454)               77,546

13-19

 RICAP – Hazardous Material Storage/Dust         218,453                             (12,440)            206,013

13-20

 General Revenues                                           15,388,274                           (225,611)       15,162,663

13-21

 Federal Funds                                               111,816,758                        17,125,741     128,942,499

13-22

 Restricted Receipts                                              664,194                             381,703          1,045,897

13-23

 Total - Program Operations                           128,453,659                       17,217,336      145,670,995

13-24

 Grand Total - Elementary and Secondary Education 826,520,707             16,149,627      842,670,334

13-25

Board of Governors

13-26

 General Revenues                                         174,893,876                           (420,278)      174,473,598

13-27

 Federal Funds                                                  2,040,118                              280,646         2,320,764

13-28

 Other Funds

13-29

 University and College Funds                        336,272,035                           5,376,635     341,648,670

13-30

 RICAP - Asset Protection/Roofs                      4,336,922                              407,551         4,744,473

13-31

 RICAP – Chafee Hall PCB Abatement              2,500,000                          1,300,000         3,800,000

13-32

 RICAP - Athletic Complex                                8,500,000                           6,283,910      14,783,910

13-33

 RICAP - Knight Megastructure                            380,000                              (33,149)          346,851

13-34

 RICAP - Ballentine Hall                                        853,078                             500,000         1,353,078

13-35

 RICAP – Alger Hall                                           1,164,558                        (1,144,558)             20,000

13-36

 RICAP - DCYF Facilities                                  1,119,853                               70,000        1,189,853

13-37

 RICAP – Green Hall                                          1,200,000                                        0         1,200,000

13-38

 RICAP - Plains Road Property                                10,000                              10,000              20,000

13-39

 Grand Total - Board of Governors                  533,270,440                       12,630,757     545,901,197

13-40

RI State Council on the Arts

13-41

 General Revenue

13-42

 Operating Support                                                358,671                                5,603             364,274

14-1

 Grants                                                                1,925,000                             (6,874)         1,918,126

14-2

 Federal Funds                                                       553,795                             42,846              596,641

14-3

 Restricted Receipts                                               250,000                                5,340             255,340

14-4

 Grand Total - RI State Council on the Arts         3,087,466                             46,915           3,134,381

14-5

RI Atomic Energy Commission

14-6

 Other Funds

14-7

 URI Sponsored Research                                     130,064                                (327)             129,737

14-8

 RICAP – Paint Interior Reactor Building Walls       50,000                            (50,000)                        0

14-9

 RICAP - Roof Replacement – North Bunker          21,400                                       0               21,400

14-10

 General Revenues                                                 649,456                              (4,461)            644,995

14-11

 Federal Funds                                                      753,000                             (50,000)            703,000

14-12

 Grand Total - RI Atomic Energy Commission    1,603,920                            (104,788)        1,499,132

14-13

RI Higher Education Assistance Authority

14-14

 General Revenue

14-15

 Needs Based Grants and Work Opportunities   6,397,372                            (500,000)        5,897,372

14-16

Notwithstanding the provisions of section 35-3-15 of the general laws in

14-17

chapter 35-3 entitled “State Budget,” all unexpended, encumbered and

14-18

unencumbered balances of revenue appropriations for “Need Based

14-19

Grants and Work Opportunities – RIGL 16-56-6 and 16-56-8” contained

14-20

in section 1 of this article within the Higher Education Assistance

14-21

Authority, whether regular or special appropriations, at the end of fiscal

14-22

years 2001 and 2002 shall be reappropriated in the ensuing fiscal year

14-23

and made immediately available for the same purposes as the former

14-24

applications.

14-25

 Authority Operations and Other Grants               1,039,005                               (2,295)        1,036,710

14-26

 Federal Fund Total                                             6,848,965                             115,385        6,964,350

14-27

 Other Funds Tuition Savings Program - Administration 229,406                    1,167,303        1,396,709

14-28

 Grand Total - Higher Education Assistance Authority 14,514,748                    780,393      15,295,141

14-29

RI Historical Preservation and Heritage Commission

14-30

 General Revenues                                                 751,369                               32,690             784,059

14-31

 Federal Funds                                                      540,500                                (5,966)          534,534

14-32

 Restricted Receipts                                              331,690                                (4,186)            327,504

14-33

 Grand Total - Historical Preservation Comm.    1,623,559                                22,538         1,646,097

14-34

RI Public Telecommunications Authority

14-35

 Other Funds

14-36

 Corporation for Public Broadcasting                    571,755                                (4,632)            567,123

14-37

 RICAP – Fed. Mandated Digital Television Conversion 936,568                  (816,568)            120,000

14-38

 General Revenues                                             1,358,004                              (90,566)        1,267,438

14-39

 Federal Funds                                                     350,000                                          0          350,000

14-40

Grand Total – R.I. Public Telecommunications Authority 3,216,327                (911,766)        2,304,561

15-1

Attorney General

15-2

Criminal

15-3

 General Revenues                                            9,255,236                               247,798         9,503,034

15-4

 Federal Funds                                                 1,191,290                                 75,387         1,266,677

15-5

 Restricted Receipts                                            178,692                               (15,954)            162,738

15-6

 Total - Criminal                                            10,625,218                                307,231       10,932,449

15-7

Civil

15-8

 General Revenues                                          3,484,235                              (126,561)         3,357,674

15-9

 Federal Funds                                                    74,616                                  (6,614)               68,002

15-10

 Restricted Receipts                                          408,802                                    8,561              417,363

15-11

 Total - Civil                                                  3,967,653                              (124,614)          3,843,039

15-12

Bureau of Criminal Identification

15-13

 General Revenues                                            605,696                                  17,598              623,294

15-14

 Federal Funds                                                            0                                 224,500             224,500

15-15

 Total - Bureau of Criminal Identification          605,696                                  242,098             847,794

15-16

General General Revenues                            1,470,433                                   52,416           1,522,849

15-17

 Grand Total - Attorney General                 16,669,000                                 477,131         17,146,131

15-18

Corrections

15-19

Central Management

15-20

 General Revenues                                        9,509,765                               (274,033)          9,235,732

15-21

 Federal Funds                                                           0                                  187,789             187,789

15-22

 Total - Central Management                        9,509,765                                 (86,244)           9,423,521

15-23

Parole Board

15-24

 General Revenues                                          852,501                                    37,241              889,742

15-25

 Federal Funds                                                   8,000                                    (8,000)                          0

15-26

 Total - Parole Board                                     860,501                                    29,241              889,742

15-27

Institutional Corrections

15-28

 Other Funds

15-29

 RICAP - Fire Code Safety Improvements   1,000,000                                374,017            1,374,017

15-30

 RICAP - Security Camera Installation            417,000                                356,000               773,000

15-31

 RICAP - Window Replacement – Women’s   350,000                               316,232                666,232

15-32

 RICAP – General Renovations – Maximum     450,000                            (122,927)                327,073

15-33

 RICAP – Roof/Masonry Renovations – Women’s 105,000                          25,000                130,000

15-34

 RICAP – High Security Fire Alarm HVAC      172,000                             (92,993)                   79,007

15-35

 RICAP - Aquidneck & Prudence Cellblock Roofs 220,000                       520,880                740,880

15-36

 RICAP – HVAC Renovations – Maximum                 0                               19,436                  19,436

15-37

 RICAP – Dix Expansion – Phase II                            0                                35,000                  35,000

15-38

 RICAP – Dix Expansion – State Match                      0                                43,178                  43,178

15-39

 RICAP – Reintegration Center State Match                0                              171,271                171,271

15-40

 RICAP – Perimeter/Security Upgrades         1,765,000                         (1,077,907)               687,093

15-41

 General Revenues                                     110,826,798                         (1,305,943)        109,520,855

15-42

 Federal Funds                                               6,337,462                           1,011,800            7,349,262

16-1

 Restricted Receipts                                       3,877,475                           1,489,812             5,367,287

16-2

 Total - Institutional Corrections                 125,520,735                           1,762,856         127,283,591

16-3

Community Corrections

16-4

 General Revenues                                        10,298,473                            (33,006)           10,265,467

16-5

 Federal Funds                                                  338,952                             (37,413)               301,539

16-6

 Total - Community Corrections                   10,637,425                              (70,419)          10,567,006

16-7

 Grand Total - Corrections                        146,528,426                            1,635,434        148,163,860

16-8

Judiciary

16-9

Supreme Court

16-10

 Other Funds

16-11

 RICAP - Garrahy Judicial Complex Renovation 1,976,106                       1,184,089            3,160,195

16-12

 RICAP – Garrahy Complex Roof Repair                   0                                322,630              322,630

16-13

 RICAP – Licht Exterior/Interior Refurbishment          0                                129,739               129,739

16-14

 RICAP – Fogarty Judicial Annex                      95,000                               (60,000)                 35,000

16-15

 General Revenues

16-16

 General Revenues                                       17,665,503                           1,291,432           18,956,935

16-17

 Defense of Indigents                                     1,550,000                                         0             1,550,000

16-18

 Federal Funds                                                 150,000                                29,680                179,680

16-19

 Restricted Receipts                                          762,689                              128,170                890,859

16-20

 Total - Supreme Court                               22,199,298                            3,025,740          25,225,038

16-21

Superior Court

16-22

 General Revenues                                      14,673,241                                406,826         15,080,067

16-23

 Federal Funds                                                           0                                 119,850              119,850

16-24

 Total - Superior Court                                14,673,241                                526,676         15,199,917

16-25

Family Court

16-26

 General Revenues                                      10,817,657                                  65,772          10,883,429

16-27

 Federal Funds                                             1,678,810                                720,738            2,399,548

16-28

 Restricted Receipts                                        233,931                                  14,036               247,967

16-29

 Total - Family Court                                 12,730,398                                800,546           13,530,944

16-30

District Court

16-31

 General Revenues                                        6,865,889                              (70,220)             6,795,669

16-32

 Federal Funds                                                250,000                               (77,599)               172,401

16-33

 Restricted Receipts                                          70,288                                 68,624                138,912

16-34

 Total - District Court                                   7,186,177                               (79,195)             7,106,982

16-35

Traffic Tribunal General Revenues                 5,494,788                               (18,718)             5,476,070

16-36

Workers' Compensation Court Restricted Receipts Total 4,792,852             354,940             5,147,792

16-37

Justice Link Program General Revenues         1,582,340                               895,609             2,477,949

16-38

 

16-39

Notwithstanding the provisions of section 35-3-15 of the general laws in

16-40

chapter 35-3 entitled “State Budget,” all unexpended, encumbered and

16-41

unencumbered general revenue and federal fund appropriations for the

17-1

Justice Link program in the Judicial Department at the end of fiscal year

17-2

2002 shall be reappropriated in the ensuing fiscal year and made

17-3

immediately available for the same purposes as the former applications.

17-4

 Grand Total - Judiciary                               68,659,094                           5,505,598           74,164,692

17-5

Military Staff

17-6

National Guard

17-7

 Other Funds Rails to Trails                              291,636                            (291,636)                           0

17-8

 RICAP - Bristol Armory Rehabilitation           200,000                                 (9,854)                190,146

17-9

 RICAP – Benefit St. Arsenal Rehabilitation       71,000                               (49,000)                 22,000

17-10

 RICAP - Schofield Armory Rehabilitation       110,000                               (90,000)                 20,000

17-11

 RICAP - US Property & Finance Office – HVAC 50,000                          (45,000)                   5,000

17-12

 RICAP – Warren Armory                              100,000                                  54,000               154,000

17-13

 RICAP – Vehicle Exhaust Vent System            50,000                                           0                 50,000

17-14

 General Revenue

17-15

 General Revenues                                        1,734,212                               320,035             2,054,247

17-16

 RI e-Gov Fund – Distributed Technology Training 100,000                         (50,000)                 50,000

17-17

 Federal Funds                                              6,298,630                              755,156             7,053,786

17-18

 Total - National Guard                                 9,005,478                               593,701             9,599,179

17-19

Emergency Management

17-20

 General Revenues                                            398,887                                 76,197               475,084

17-21

 Federal Funds                                               2,944,891                              (49,212)            2,895,679

17-22

 Restricted Receipts                                          111,432                                    (728)              110,704

17-23

 Total - Emergency Management                    3,455,210                                 26,257          3,481,467

17-24

 Grand Total - Military Staff                         12,460,688                               619,958          13,080,646

17-25

E-911 Emergency Telephone System

17-26

 General Revenue

17-27

 General Revenues                                        3,135,519                                 182,955           3,318,474

17-28

 RI e-Gov Fund – GIS Database Development 500,000                                           0              500,000

17-29

 Grand Total - E-911 Emergency Telephone System 3,635,519                     182,955           3,818,474

17-30

Fire Safety Code Board of Appeal and Review General Revenues 210,116 (3,103)           207,013

17-31

State Fire Marshal

17-32

 

17-33

 General Revenues                                        1,309,125                                  20,490            1,329,615

17-34

 Federal Funds                                                  55,140                                 125,849              180,989

17-35

 Grand Total - State Fire Marshal                 1,364,265                                 146,339           1,510,604

17-36

Commission on Judicial Tenure and Discipline General Revenues 99,523    9,691              109,214

17-37

Rhode Island Justice Commission

17-38

 General Revenues                                          177,710                                      (458)              177,252

17-39

 Federal Funds                                            4,790,102                                  474,150           5,264,252

17-40

 Restricted Receipts                                                  0                                    90,000                90,000

17-41

 Grand Total - Rhode Island Justice Commission 4,967,812                          563,692            5,531,504

18-1

Municipal Police Training Academy

18-2

 General Revenues                                         322,148                                    48,683              370,831

18-3

 Federal Funds                                                 50,000                                    16,415                66,415

18-4

 Grand Total - Municipal Police Training Academy 372,148                            65,098              437,246

18-5

State Police

18-6

 Other Funds

18-7

 RICAP – Barracks and Training Headquarters 100,000                              (100,000)                         0

18-8

 RICAP – Headquarters Repairs/Renovations   325,000                                109,768              434,768

18-9

 RICAP – Parking Area Improvements               70,910                                (70,910)                        0

18-10

 Traffic Enforcement - Municipal Training          120,739                                105,419              226,158

18-11

 Lottery Commission Assistance                       105,057                                       805              105,862

18-12

 Road Construction Reimbursement               2,320,428                               (30,000)            2,290,428

18-13

 General Revenues                                      37,110,992                                847,503          37,958,495

18-14

 Federal Funds                                                  700,059                            2,401,837           3,101,896

18-15

 Restricted Receipts                                          217,797                                 64,195               281,992

18-16

 Grand Total - State Police                           41,070,982                           3,328,617          44,399,599

18-17

Office of Public Defender

18-18

 General Revenues                                         5,585,208                              (17,499)            5,567,709

18-19

 Federal Funds                                                 313,406                               189,263               502,669

18-20

 Grand Total - Office of Public Defender       5,898,614                               171,764             6,070,378

18-21

Environmental Management

18-22

Policy and Administration

18-23

 Other Funds

18-24

 DOT Recreational Projects                                 25,637                                       0                  25,637

18-25

 Blackstone Bikepath Design                           1,297,791                                       0             1,297,791

18-26

 RICAP - Dam Repair                                       700,000                            138,665                838,665

18-27

 General Revenues                                          7,540,431                            690,889              8,231,320

18-28

 Federal Funds                                                1,997,745                           474,560              2,472,305

18-29

 Restricted Receipts                                        6,707,640                          (397,258)             6,310,382

18-30

 Total - Policy and Administration                 18,269,244                             906,856           19,176,100

18-31

Natural Resources

18-32

 Other Funds

18-33

 RICAP – Westerly Boat Ramp                          87,000                                        0                  87,000

18-34

 RICAP – Fort Adams Rehabilitation                350,000                                        0                 350,000

18-35

 RICAP – Recreational Facilities Improvement  515,820                           (440,820)                  75,000

18-36

 RICAP - Fish and Wildlife Office/Laboratory   731,000                              98,365                 829,365

18-37

 RICAP – Wickford Marine Facility                    50,000                            (50,000)                            0

18-38

 RICAP - Galilee Piers                                      908,854                          (580,853)                328,001

18-39

 RICAP - Newport Piers                               1,800,000                           (393,310)             1,406,690

18-40

 RICAP – Boyd’s Marsh Habitat Restoration      70,000                                        0                   70,000

18-41

 General Revenues                                        14,495,408                            (43,623)           14,451,785

18-42

 Federal Funds                                             12,828,616                             322,700           13,151,316

19-1

 Restricted Receipts                                        3,010,835                             (31,887)            2,978,948

19-2

 Total - Natural Resources                            34,847,533                        (1,119,428)          33,728,105

19-3

Environmental Protection

19-4

 Other Funds Aquafund                                       55,358                                 1,363                 56,721

19-5

 General Revenues                                         9,149,675                           (232,879)             8,916,796

19-6

 Federal Funds                                              7,306,634                             175,701              7,482,335

19-7

 Restricted Receipts                                       2,025,591                            269,427               2,295,018

19-8

 Total - Environmental Protection                 18,537,258                            213,612             18,750,870

19-9

 Grand Total - Environmental Management   71,654,035                               1,040             71,655,075

19-10

Coastal Resources Management Council

19-11

 Other Funds

19-12

 RICAP - South Coast Restoration Project        145,000                         (145,000)                            0

19-13

 RICAP - Habitat Restoration – Allin’s Cove     172,000                         (172,000)                            0

19-14

 General Revenues                                          1,437,745                           (45,940)             1,391,805

19-15

 Federal Funds                                               1,055,630                           544,542              1,600,172

19-16

 Grand Total - Coastal Resources Management Council 2,810,375            181,602              2,991,977

19-17

State Water Resources Board

19-18

 Other Funds

19-19

 RICAP - Big River Mgt. Area                            80,000                            (3,595)                     76,405

19-20

 RICAP – Groundwater Protection/Acquisition    43,733                              2,933                     46,666

19-21

 RICAP – Water Allocation Plan                       400,000                        (129,926)                  270,074

19-22

 RICAP – Supplemental Water Supplies Development 300,000              (243,238)                    56,762

19-23

 General Revenues                                          1,021,631                            71,754               1,093,385

19-24

 Restricted Receipts                                                      0                          133,146                  133,146

19-25

 Grand Total - State Water Resources Board  1,845,364                        (168,926)               1,676,438

19-26

Transportation

19-27

Central Management

19-28

 Other Funds Gasoline Tax                              3,103,029                        (183,657)              2,919,372

19-29

 Federal Funds                                                4,309,942                             (6,059)              4,303,883

19-30

 Total - Central Management                           7,412,971                         (189,716)              7,223,255

19-31

Management and Budget Other Funds Gasoline Tax 1,955,027                (150,665)             1,804,362

19-32

Infrastructure Maintenance Other Funds Gasoline Tax 36,155,559            (868,990)            35,286,569

19-33

Infrastructure - Engineering

19-34

 Other Funds Gasoline Tax                             41,654,484                      (1,472,487)          40,181,997

19-35

 RICAP – RIPTA Land and Buildings                  360,000                                      0               360,000

19-36

 Land Sale Revenue                                          8,000,000                                      0             8,000,000

19-37

 State Infrastructure Bank                                 1,000,000                                       0            1,000,000

19-38

 Federal Funds                                             227,972,848                       (7,102,327)        220,870,521

19-39

 Restricted Receipts                                        61,285,260                     (36,279,260)         25,006,000

19-40

 Total - Infrastructure - Engineering               340,272,592                      (44,854,074)       295,418,518

19-41

 Grand Total - Transportation                        385,796,149                     (46,063,445)       339,732,704

20-1

Statewide Totals

20-2

 General Revenue Total                              2,650,768,180                         5,027,186     2,655,795,366

20-3

 Federal Funds Total                                  1,531,710,544                       61,119,009     1,592,829,553

20-4

 Restricted Receipt Funds Total                    143,513,384                      (29,754,378)       113,759,006

20-5

 Other Funds Total                                       858,855,081                        96,184,975       955,040,056

20-6

 Statewide Grand Total                              5,184,847,189                      132,576,792    5,317,423,981

20-7

 SECTION 2. Notwithstanding the provisions of Section 35-3-15 of Chapter 35 of the

20-8

Rhode Island General Laws, all unexpended and unencumbered balances as of June 30, 2002

20-9

relating to the Pirovano Trust in the Department of Mental Health, Retardation are hereby

20-10

reappropriated to fiscal year 2003.

20-11

 SECTION 3. Section 14 of Article 1 of Chapter 77 of the Public Laws of 2001

20-12

authorizes the reappropriation of any unexpended funds from the Rhode Island Capital Plan Fund

20-13

for the purposes for which they were originally appropriated. The following is a listing of those

20-14

projects for which reappropriated funds are not required in FY 2002. The amounts listed are

20-15

hereby withdrawn and the State Controller is authorized to return these funds to the Rhode Island

20-16

Capital Plan Fund.

20-17

                                                             FY 2002              Balance              FY 2002              FY 2002

20-18

                                                             Enacted              Forward          Supplemental         Revised

20-19

RICAP Project

20-20

Administration

20-21

 House and Senate Chambers Renovation       0                 209,763              (209,763)                       0

20-22

Environmental Management

20-23

 Allendale Dam                                               0                   41,680                (41,680)                       0

20-24

Elementary and Secondary Education

20-25

 Chariho - Roof                                              0                     1,286                  (1,286)                        0

20-26

Judicial

20-27

 Kent County Courthouse                               0                        500                     (500)                       0

20-28

 Murray Judicial Complex                               0                        481                     (481)                       0

20-29

 SECTION 4. Departments and agencies listed below may not exceed the number of full-

20-30

time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions

20-31

do not include seasonal or intermittent positions whose scheduled period of employment does not

20-32

exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and

20-33

twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include

20-34

individuals engaged in training, the completion of which is a prerequisite of employment. Nor do

20-35

they include positions established under the Board of Governors for Higher Education which are

20-36

funded by third party funding through the following accounts: University of Rhode Island

20-37

Sponsored Contract Research; Rhode Island College Sponsored Research-Federal; Community

21-1

College of Rhode Island Sponsored Research-Federal; and Community College of Rhode Island

21-2

Sponsored Research-Private.

21-3

 Provided, however, that the Governor, Speaker of the House of Representatives, and the

21-4

Majority Leader of the Senate may authorize an adjustment to any limitation. Prior to the

21-5

authorization, the State Budget Officer shall make a detailed written recommendation to the

21-6

Governor, the Speaker of the House, and the Senate Majority Leader. A copy of the

21-7

recommendation and authorization to adjust shall be transmitted to the chairman of the House

21-8

Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal

21-9

Advisor.

21-10

FTE POSITION AUTHORIZATION

21-11

Departments and Agencies                                                                             Full-Time Equivalent

21-12

Administration                                                                                                                         1,350.0

21-13

Business Regulation                                                                                                                     111.0

21-14

Labor and Training                                                                                                                       558.0

21-15

Legislature                                                                                                                                   280.0

21-16

Lieutenant Governor General                                                                                                          10.0

21-17

Secretary of State                                                                                                                           59.2

21-18

General Treasurer                                                                                                                           87.5

21-19

Boards for Design Professionals                                                                                                       4.0

21-20

Board of Elections                                                                                                                         22.3

21-21

Rhode Island Ethics Commission                                                                                                    10.0

21-22

Office of the Governor                                                                                                                   50.0

21-23

Public Utilities Commission                                                                                                             44.0

21-24

Rhode Island Commission on Women                                                                                              2.0

21-25

Children, Youth, and Families                                                                                            875.9 868.9

21-26

Elderly Affairs                                                                                                                               60.6

21-27

Health                                                                                                                                         477.1

21-28

Human Services                                                                                                                       1,139.9

21-29

Mental Health, Retardation, and Hospitals                                                                                 2,138.0

21-30

Office of the Child Advocate                                                                                                         13.0

21-31

Commission on the Deaf and Hard of Hearing                                                                                   3.0

21-32

RI Developmental Disabilities Council                                                                                              3.0

21-33

Governor's Commission on Disabilities                                                                                             4.6

21-34

Commission for Human Rights                                                                                                       17.0

22-1

Office of the Mental Health Advocate                                                                                               4.3

22-2

Elementary and Secondary Education                                                                                            345.2

22-3

Higher Education ‑ Board of Governors                                                                      3,582.9 3,589.9

22-4

Rhode Island Council on the Arts                                                                                                    6.0

22-5

RI Atomic Energy Commission                                                                                                        8.6

22-6

Higher Education Assistance Authority                                                                                           46.6

22-7

Historical Preservation and Heritage Commission                                                                           17.6

22-8

Public Telecommunications Authority                                                                                             22.0

22-9

Attorney General                                                                                                                         229.0

22-10

Corrections                                                                                                                               1,550.6

22-11

Judicial                                                                                                                                         707.0

22-12

Military Staff                                                                                                                                  94.0

22-13

E-911 Emergency Telephone System                                                                                              48.6

22-14

Fire Safety Code Bd. of Appeal and Review                                                                                     3.0

22-15

RI State Fire Marshal                                                                                                                    21.5

22-16

Commission on Judicial Tenure and Discipline                                                                                   1.0

22-17

Rhode Island Justice Commission                                                                                                     9.0

22-18

Municipal Police Training Academy                                                                                                  4.0

22-19

State Police                                                                                                                                  267.0

22-20

Office of the Public Defender                                                                                                          79.5

22-21

Environmental Management                                                                                                          585.5

22-22

Coastal Resources Management Council                                                                                        30.0

22-23

Water Resources Board                                                                                                                   9.0

22-24

Transportation                                                                                                                             864.3

22-25

 Total                                                                                                                                   15,856.3

22-26

 SECTION 5. This article shall take effect upon passage.

23-1

ARTICLE 2

23-2

RELATING TO MOTOR VEHICLE AND TRAILER EXCISE TAX REDUCTION

23-3

ACT OF 1998

23-4

SECTION 1. Sections 44-34.1-1 AND 44-34.1-2 of the General Laws in Chapter

23-5

33-34.1 entitled “Motor Vehicle and Trailer Excise Tax Elimination Reduction Act of

23-6

1998” are hereby amended to read as follows:

23-7

44-34.1-1 Excise tax phase out. Excise tax reduction. -- (a) Notwithstanding the

23-8

provisions of chapter 34 of this title or any other provisions to the contrary, the motor vehicle and

23-9

trailer excise tax established by § 44-34-1 shall be phased out by reduced through the fiscal year

23-10

2007 2003. The phase out reduction applies to all motor vehicles and trailers, including leased

23-11

vehicles.

23-12

(2) Lessors of vehicles that pay excise taxes directly to municipalities shall provide

23-13

lessees, at the time of entering into the lease agreement, an estimate of annual excise taxes

23-14

payable throughout the term of the lease. In the event the actual excise tax is less than the

23-15

estimated excise tax, the lessor shall rebate annually to the lessee the difference between the

23-16

actual excise tax and the estimated excise tax.

23-17

(b) Pursuant to the provisions of this section, all motor vehicles are assessed a value by

23-18

the vehicle value commission. That value is assessed according to the provisions of § 44-34-

23-19

11(c)(1) and in accordance with the terms as defined in subsection (d) of this section, provided,

23-20

however, that the maximum taxable value percentage applicable to model year values as of

23-21

December 31, 1997, continue to be applicable in future year valuations aged by one year in each

23-22

succeeding year.

23-23

(c) The motor vehicle excise tax phase out reduction commences with the excise tax bills

23-24

mailed to taxpayers for the fiscal year 2000. The tax assessors of the various cities and towns and

23-25

fire districts shall reduce the average retail value of each vehicle assessed by using the prorated

23-26

exemptions from the following table:

23-27

Local Fiscal Year Exempt from value                    Local Exemption                           State fiscal year

23-28

                                                                                                                                 Reimbursement

 

 

23-30

fiscal year 1999                                                                         0                                              $1,500

23-31

fiscal year 2000                                                                $1,500                                              $2,500

23-32

fiscal year 2001                                                                $2,500                                               $3,500

23-33

fiscal year 2002                                                                $3,500                                              $4,500

23-34

fiscal year 2003                                                    $5,000 $3,500                                              $3,500

23-35

fiscal year 2004                                                                $6,900

24-1

fiscal year 2005                                                                $9,400

24-2

fiscal year 2006                                                              $13,000

24-3

fiscal year 2007                                                           All vehicles

24-4

 (2) The excise tax phase out reduction provides increased levels of assessed value

24-5

reductions. until the tax is eliminated.

24-6

(3) Current exemptions remain in effect throughout the phase out reduction period.

24-7

(4) The excise tax rates and ratios of assessment shall not be greater than fiscal year 1998

24-8

levels for each city, town, and fire district, provided, however, in the town of Johnston the excise

24-9

tax rate and ratios of assessment shall not be greater than fiscal year 1999 levels and in no event

24-10

shall the final taxable value of a vehicle be higher than assessed in the prior fiscal year, and the

24-11

levy of a city, town, or fire district shall be limited to the lesser of the maximum taxable value or

24-12

net assessed value for purposes of collecting the tax in any given year.

24-13

(d) Definitions.

24-14

(1) "Maximum taxable value" means the value of vehicles as prescribed by § 44-34-11

24-15

reduced by the percentage of assessed value applicable to model year values as determined by the

24-16

Rhode Island vehicle value commission as of December 31, 1997, for the vehicles valued by the

24-17

commission as of December 31, 1997. For all vehicle value types not valued by the Rhode Island

24-18

vehicle value commission as of December 31, 1997, the maximum taxable value shall be the

24-19

latest value determined by a local assessor from an appropriate pricing guide, multiplied by the

24-20

ratio of assessment used by that city, town, or fire district for a particular model year as of

24-21

December 31, 1997.

24-22

(2) "Net assessed value" means the motor vehicle values as determined in accordance

24-23

with § 44-34-11 less all personal exemptions allowed by cities, towns, fire districts, and the state

24-24

of Rhode Island exemption value as provided for in § 44-34.1-1(c)(1).

24-25

 44-34.1-2. City and town and fire district reimbursement. -- (a) During the vehicle

24-26

excise tax phase out reduction in fiscal years 2000 through 2007 2003, cities and towns and fire

24-27

districts shall receive advance reimbursements from state general revenues equal to the amount of

24-28

lost tax revenue due to the phase out reduction of the excise tax. Cities and towns and fire

24-29

districts shall receive advance reimbursements through state fiscal year 2002. Upon elimination

24-30

of the tax and beginning in fiscal year 2007, cities and towns and fire districts shall receive a

24-31

permanent distribution of sales tax revenue pursuant to section 44-18-18 in an amount equal to

24-32

any lost revenue resulting from the excise tax elimination. Lost revenues must be determined

24-33

using a base tax rate fixed at fiscal year 1998 levels for each city, town, and fire district except

24-34

that the Town of Johnston's base tax rate must be fixed at a fiscal year 1999 level.

25-1

 (b) (1) The director of administration shall determine the amount of general revenues to

25-2

be distributed to each city and town and fire district for the fiscal years 1999 through 2006 2003

25-3

so that every city and town and fire district is held harmless from tax loss resulting from this

25-4

chapter, assuming that tax rates are indexed to inflation.

25-5

 (2) The director of administration shall index the tax rates for inflation by applying the

25-6

annual change in the December consumer price index -- all urban consumers (CPI-U), published

25-7

by the bureau of labor statistics of the United States department of labor, to the indexed tax rate

25-8

used for the prior fiscal year calculation. The director shall apply the following principles in

25-9

determining reimbursements:

25-10

 (i) Exemptions granted by cities and towns and fire districts in the fiscal year 1998 must

25-11

be applied to assessed values prior to applying the exemptions in section 44-34.1-1(c)(1). Cities

25-12

and towns and fire districts will not be reimbursed for these exemptions.

25-13

 (ii) City, town, and fire districts shall be reimbursed by the state for revenue losses

25-14

attributable to the exemptions provided for in section 44-34.1-1 and the inflation indexing of tax

25-15

rates; provided, however, that reimbursement for revenue losses shall be calculated based upon

25-16

the difference between the maximum taxable value less personal exemptions and the net assessed

25-17

value.

25-18

 (iii) Inflation reimbursements shall be the difference between:

25-19

 (A) The levy calculated at the tax rate used by each city and town and fire district for

25-20

fiscal year 1998 after adjustments for personal exemptions but prior to adjustments for

25-21

exemptions contained in section 44-34.1-1(c)(1); provided, however, that for the Town of

25-22

Johnston the tax rate used for fiscal year 1999 must be used for the calculation; and

25-23

 (B) The levy calculated by applying the appropriate cumulative inflation adjustment to

25-24

the tax rate used by each city and town and fire district for fiscal year 1998; provided, however,

25-25

that for the Town of Johnston the tax rate used for fiscal year 1999 shall be used for the

25-26

calculation after adjustments for personal exemptions but prior to adjustments for exemptions

25-27

contained in section 44-34.1-1.

25-28

 (c) (1) Funds shall be distributed to the cities and towns and fire districts as follows:

25-29

 (i) On October 20, 1998, and each October 20 thereafter through October 20, 2005 2001,

25-30

twenty-five percent (25%) of the amount calculated by the director of administration to be the

25-31

difference for the upcoming fiscal year.

25-32

 (ii) On February 20, 1999, and each February 20 thereafter through February 20, 2006

25-33

2002, twenty-five percent (25%) of the amount calculated by the director of administration to be

25-34

the difference for the upcoming fiscal year.

26-1

 (iii) On June 20, 1999, and each June 20 thereafter through June 20, 2006 2002, fifty

26-2

percent (50%) of the amount calculated by the director of administration to be the difference for

26-3

the upcoming fiscal year.

26-4

(iv) On August 1, 2002, twenty-five percent (25%) of the amount calculated by the

26-5

director of administration to be the difference for the current fiscal year.

26-6

(v) On November 1, 2002, twenty-five percent (25%) of the amount calculated by the

26-7

director of administration to be the difference for the current fiscal year.

26-8

(vi) On February 1, 2003, twenty-five percent (25%) of the amount calculated by the

26-9

director of administration to be the difference for the current fiscal year.

26-10

(vii) On May 1, 2003, twenty-five percent (25%) of the amount calculated by the director

26-11

of administration to be the difference for the current fiscal year.

26-12

Provided, however, the February and May payments shall be subject to submission of

26-13

final certified and reconciled motor vehicle levy information.

26-14

 (2) Each city, town, or fire district shall submit final certified and reconciled motor

26-15

vehicle levy information by August 30 of each year. Any adjustment to the estimated amounts

26-16

paid in the previous fiscal year shall be included or deducted from the payment due October 20

26-17

November 1.

26-18

 (3) On any of the payment dates specified in paragraphs (c)(1)(i) through (iii) (vii), the

26-19

director is authorized to deduct previously made over-payments or add supplemental payments as

26-20

may be required to bring the reimbursements into full compliance with the requirements of this

26-21

chapter.

26-22

 (4) For the city of East Providence, the payment schedule is twenty-five percent (25%)

26-23

on February 20, twenty-five percent (25%) on June 20, which includes final reconciliation of the

26-24

previous year's payment, and fifty percent (50%) on October 20. In state fiscal year 2003, the

26-25

payment schedule is twenty-five percent (25%) on November 1, twenty-five percent (25%) on

26-26

February 1, twenty-five percent (25%) on May 1, which includes final reconciliation of the

26-27

previous year’s payment, and twenty-five percent (25%) on August 1.

26-28

Provided, however, the May and August payments shall be subject to submission of final

26-29

certified and reconciled motor vehicle levy information.

26-30

 (5) Funds distributed to the cities, towns, and fire districts for fiscal year 2007 shall be

26-31

calculated as the funds distributed in fiscal year 2006 adjusted by the change in the consumer

26-32

price index -- all urban consumers (CPI-U) published by the bureau of labor statistics of the

26-33

United States department of labor from June 2005 to June 2006, Twenty-five percent (25%) of

26-34

the amounts calculated shall be distributed to the cities and towns and fire districts on October 20,

27-1

2006, twenty-five percent (25%) on February 20, 2007 and fifty percent (50%) on June 20, 2007

27-2

The funds shall be distributed to each city and town and fire district in the same proportion as

27-3

distributed in fiscal year 2006 .

27-4

 (6) Prior to October 20, 2007, the director of administration shall calculate to the nearest

27-5

tenth of one cent (0.1/c) the number of cents of sales tax received for the fiscal year ending June

27-6

30, 2006, equal to the amount of funds distributed to the cities, towns, and fire districts under this

27-7

chapter during fiscal year 2007, and the percent of the total funds distributed in fiscal year 2007,

27-8

received by each city, town, and fire district, calculated to the nearest one-hundredth of one

27-9

percent (0.01%). The director of administration shall transmit those calculations to the governor,

27-10

the speaker of the house, the president of the senate, the chairperson of the house finance

27-11

committee, the chairperson of the senate finance committee, the house fiscal advisor, and the

27-12

senate fiscal advisor. The number of cents, applied to the sales taxes received for the prior fiscal

27-13

year, shall be the basis for determining the amount of sales tax to be distributed to the cities and

27-14

towns and fire districts under this chapter for fiscal year 2008, and each year thereafter. The

27-15

cities and towns and fire districts shall receive that amount of sales tax in the proportions

27-16

calculated by the director of administration as that received in fiscal year 2007.

27-17

 (7) Twenty-five percent (25%) of the funds shall be distributed to the cities, towns, and

27-18

fire districts on October 20, 2007, and every October 20 thereafter; twenty-five percent (25%)

27-19

shall be distributed on February 20, 2008, and every February 20 thereafter; and fifty percent

27-20

(50 shall be distributed on June 20, 2008, and every June 20 thereafter.

27-21

 (8) For the city of East Providence, twenty-five percent (25%) shall be distributed on

27-22

February 20, 2007 and every February 20 thereafter, twenty-five percent (25%) shall be

27-23

distributed on June 20, 2007 and every June 20 thereafter, and fifty percent (50%) of the funds

27-24

shall be distributed on October 20, 2007 and every October 20 thereafter.

27-25

 (9) As provided for in section 44-34-6, the authority of fire districts to tax motor vehicles

27-26

is eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts

27-27

shall be based on the provisions of section 44-34-6. All references to fire districts in this chapter

27-28

do not apply to the year 2001 tax roll and thereafter.

27-29

 SECTION 2. This article shall take effect upon passage.

28-1

ARTICLE 3

28-2

RELATING TO LICENSING OF HEALTH CARE FACILITIES

28-3

SECTION 1. Section 23-17-38 of the General Laws in Chapter 23-17 entitled

28-4

“Licensing of Health Care Facilities” is hereby amended to read as follows:

28-5

23-17-38 Establishment of fees.The director shall establish fees for licensure

28-6

application, licensure renewal, inspection, and administrative actions under this chapter. Annual

28-7

inspection fees for hospitals and rehabilitation hospital centers shall be three thousand dollars

28-8

($3,000) thirteen thousand dollars ($13,000) per facility plus an additional fee of fifteen dollars

28-9

($15.00) ninety dollars ($90.00) per bed. Annual licensure fees for health maintenance

28-10

organizations and for profit end stage renal dialysis facilities shall be three thousand dollars

28-11

($3,000) per facility. Annual licensure fees for home nursing care providers and home care

28-12

providers shall be five hundred dollars ($500) per facility. Annual licensure fees for organized

28-13

ambulatory care facilities shall be five hundred dollars ($500), provided that not-for-profit entities

28-14

operating more than one ambulatory care facility shall be subject to a single annual licensure fee

28-15

for all such licenses; provided, further, that non-profit charitable community health centers,

28-16

school based health centers and nonprofit hospice programs with a current home nursing care

28-17

provider license shall be exempt from the fee. All annual licensure fees not otherwise designated

28-18

shall be established in regulation and shall be collected and deposited as general revenues of the

28-19

state.

28-20

SECTION 2. Section 23-17.4-31 of Chapter 23-17.4 of the Rhode Island General

28-21

Laws entitled “Residential Care and Assisted Living Facility Licensing Act” is hereby

28-22

amended to read as follows:

28-23

23-17.4-31 Establishment of fees.The director may establish reasonable fees for the

28-24

licensure application, licensure renewal, and administrative actions under this chapter. Annual

28-25

licensure fees shall be two hundred and fifty dollars ($250) per licensee plus an additional fee of

28-26

twenty-two dollars and fifty cents ($22.50) fifty dollars ($50.00) per licensed bed, where

28-27

applicable. All of these fees shall be collected and deposited in a restricted receipt account that

28-28

shall be used for the general purposes of the division of facilities regulation within the department

28-29

of health.

28-30

 SECTION 3. This article shall take effect on July 1, 2002.

29-1

ARTICLE 4

29-2

RELATING TO CERTIFICATION OF HEALTH PLANS

29-3

SECTION 1. Section 23-17.13-3 of the General Laws in Chapter 23-17.13 entitled

29-4

"Health Care Accessibility and Quality Assurance Act" is hereby amended to read as follows:

29-5

23-17.13-3. Certification of health plans -- (A) Certification process:

29-6

(1) Certification. - (a) The director shall establish a process for certification of health

29-7

plans meeting the requirements of certification subsection (B).

29-8

(b) The director shall act upon the health plan's completed application for certification

29-9

within ninety (90) days of receipt of such application for certification.

29-10

(2) Review and recertification.. - To ensure compliance with subsection (B), the director

29-11

shall establish procedures for the periodic review and recertification of qualified health plans; not

29-12

less than every five (5) years, provided, however, that the director may review the certification of

29-13

a qualified health plan at any time if there exists evidence that a qualified health plan may be in

29-14

violation of subsection (B).

29-15

(3) Cost of certification. and consumer disclosure. - The total cost of obtaining and

29-16

maintaining certification under this title and compliance with the requirements of and consumer

29-17

disclosure responsibilities, including, but not limited to, responsibilities set forth in section 27-

29-18

17.13-3 and the applicable rules and regulations, are borne by the entities so certified and shall be

29-19

one hundred and fifty percent (150%) of the total salaries paid to the certifying and consumer

29-20

disclosure personnel of the department engaged in those certifications and consumer disclosures

29-21

less any salary reimbursements and shall be paid to the director to and for the use of the

29-22

department. That assessment shall be in addition to any taxes and fees otherwise payable to the

29-23

state.

29-24

(4) To help ensure a patient's ability to make informed decisions regarding their health

29-25

care, the director shall promulgate regulation(s) to provide for standardized definitions (unless

29-26

defined in existing statute) of the following, provided, however, that no definition shall be

29-27

construed to require a health care entity to add any benefit, to increase the scope of any benefit, or

29-28

to increase any benefit under any contract:

29-29

(a) Allowable charge;

29-30

(b) Capitation;

29-31

(c) Co-payments;

29-32

(d) Co-insurance;

29-33

(e) Credentialing;

29-34

(f) Formulary;

30-1

(g) Grace period;

30-2

(h) Indemnity insurance;

30-3

(i) In-patient care;

30-4

(j) Maximum lifetime cap;

30-5

(k) Medical necessity;

30-6

(l) Out-of-network;

30-7

(m) Out-patient;

30-8

(n) Pre-existing conditions;

30-9

(o) Point of service;

30-10

(p) Risk sharing;

30-11

(q) Second opinion;

30-12

(r) Provider network;

30-13

(s) Urgent care.

30-14

(B) Requirements for certification:

30-15

(1) Health plans.. - The director shall establish standards and procedures for the

30-16

certification of qualified health plans that conduct business in this state and who have

30-17

demonstrated the ability to ensure that health care services will be provided in a manner to assure:

30-18

availability and accessibility, adequate personnel and facilities, and continuity of service and has

30-19

demonstrated arrangements for ongoing quality assurance programs regarding care processes and

30-20

outcomes; other standards shall consist of, but are not limited to, the following:

30-21

(a) Prospective and current enrollees in health plans must be provided information as to

30-22

the terms and conditions of the plan consistent with the rules and regulations promulgated under

30-23

chapter 12.3 of title 42 so that they can make informed decisions about accepting and utilizing the

30-24

health care services of the health plan. This must be standardized so that customers can compare

30-25

the attributes of the plans and all information required by this paragraph shall be updated at

30-26

intervals determined by the director. Of those items required under this section, the director shall

30-27

also determine which items shall be routinely distributed to prospective and current enrollees as

30-28

listed in subsection (B) and which items may be made available upon request. The items to be

30-29

disclosed are:

30-30

(i) Coverage provisions, benefits, and any restriction or limitations on health care

30-31

services, including but not limited to, any exclusions as follows: by category of service, and if

30-32

applicable, by specific service, by technology, procedure, medication, provider or treatment

30-33

modality, diagnosis and condition, the latter three of which shall be listed by name.

31-1

(ii) Experimental treatment modalities which are subject to change with the advent of

31-2

new technology, may be listed solely by the broad category "Experimental Treatments". The

31-3

information provided to consumers shall include the plan's telephone number and address where

31-4

enrollees may call or write for more information or to register a complaint regarding the plan or

31-5

coverage provision.

31-6

(2) Written statement of the enrollee's right to seek a second opinion, and reimbursement

31-7

if applicable.

31-8

(3) Written disclosure regarding the appeals process described in section 23-17.12-1 et

31-9

seq. and in the rules and regulations for the utilization review of care services, promulgated by the

31-10

department of health, the telephone numbers and addresses for the plan's office which handles

31-11

complaints as well as for the office which handles the appeals process under section 23-17.12-1 et

31-12

seq. and the rules and regulations for the utilization of health.

31-13

(4) Written statement of prospective and current enrollees' right to confidentiality of all

31-14

health care record and information in the possession and/or control of the plan, its employees, its

31-15

agents and parties with whom a contractual agreement exists to provide utilization review or who

31-16

in any way have access to care information. A summary statement of the measures taken by the

31-17

plan to ensure confidentiality of an individual's health care records shall be disclosed.

31-18

(5) Written disclosure of the enrollee's right to be free from discrimination by the health

31-19

plan and the right to refuse treatment without jeopardizing future treatment.

31-20

(6) Written disclosure of a plan's policy to direct enrollees to particular providers. Any

31-21

limitations on reimbursement should the enrollee refuse the referral must be disclosed.

31-22

(7) A summary of prior authorization or other review requirements including

31-23

preauthorization review, concurrent review, post-service review, post-payment review and any

31-24

procedure that may lead the patient to be denied coverage for or not be provided a particular

31-25

service.

31-26

(8) Any health plan that operates a provider incentive plan shall not enter into any

31-27

compensation agreement with any provider of covered services or pharmaceutical manufacturer

31-28

pursuant to which specific payment is made directly or indirectly to the provider as an

31-29

inducement or incentive to reduce or limit services, to reduce the length of stay or the use of

31-30

alternative treatment settings or the use of a particular medication with respect to an individual

31-31

patient, provided however, that capitation agreements and similar risk sharing arrangements are

31-32

not prohibited.

32-1

(9) Health plans must disclose to prospective and current enrollees the existence of

32-2

financial arrangements for capitated or other risk sharing arrangements that exist with providers

32-3

in a manner described below:

32-4

"(a) This health plan utilizes capitated arrangements, with its participating providers, or

32-5

contains other similar risk sharing arrangements;

32-6

(b) This health plan may include a capitated reimbursement arrangement or other similar

32-7

risk sharing arrangement, and other financial arrangements with your provider;

32-8

(c) This health plan is not capitated and does not contain other risk sharing

32-9

arrangements."

32-10

(10) Written disclosure of criteria for accessing emergency health care services as well as

32-11

a statement of the plan's policies regarding payment for examinations to determine if emergency

32-12

health care services are necessary, the emergency care itself, and the necessary services following

32-13

emergency treatment or stabilization. The health plan must respond to the request of the treating

32-14

provider for post-stabilization treatment by approving or denying it as soon as possible.

32-15

(11) Explanation of how health plan limitations impact enrollees, including information

32-16

on enrollee financial responsibility for payment for co-insurance, co-payment, or other non

32-17

covered, out-of-pocket, or out-of-plan services. This shall include information on deductibles and

32-18

benefits limitations including, but not limited to, annual limits and maximum lifetime benefits.

32-19

(12) The terms under which the health plan may be renewed by the plan enrollee,

32-20

including any reservation by the plan of any right to increase premiums.

32-21

(13) Summary of criteria used to authorize treatment.

32-22

(14) A schedule of revenues and expenses, including direct service ratios and other

32-23

statistical information which meets the requirements set forth below on a form prescribed by the

32-24

director.

32-25

(15) Plan costs of health care services, including but not limited to all of the following:

32-26

(a) Physician services;

32-27

(b) Hospital services, including both inpatients and outpatient services;

32-28

(c) Other professional services;

32-29

(d) Pharmacy services, excluding pharmaceutical products dispensed in a physician's

32-30

office;

32-31

(e) Health education;

32-32

(f) Substance abuse services and mental health services.

32-33

(16) Plan complaint, adverse decision, and prior authorization statistics. This statistical

32-34

data shall be updated annually:

33-1

(a) The ratio of the number of complaints received to the total number of covered

33-2

persons, reported by category, listed in subsection 15(a)-(f);

33-3

(b) The ratio of the number of adverse decisions issued to the number of complaints

33-4

received, reported by category;

33-5

(c) The ratio of the number of prior authorizations denied to the number of prior

33-6

authorizations requested, reported by category;

33-7

(d) The ratio of the number of successful enrollee appeals to the total number of appeals

33-8

filed.

33-9

(17) Plans must demonstrate that:

33-10

(a) They have reasonable access to providers, so that all covered health care services will

33-11

be provided. This requirement cannot be waived and must be met in all areas where the health

33-12

plan has enrollees;

33-13

(b) Urgent health care services, if covered, shall be available within a time frame that

33-14

meets standards set by the director.

33-15

(18) A comprehensive list of participating providers listed by office location, specialty if

33-16

applicable, and other information as determined by the director, updated annually.

33-17

(19) Plans must provide to the director, at intervals determined by the director, enrollee

33-18

satisfaction measures. The director is authorized to specify reasonable requirements for these

33-19

measures consistent with industry standards to assure an acceptable degree of statistical validity

33-20

and comparability of satisfaction measures over time and among plans. The director shall publish

33-21

periodic reports for the public providing information on health plan enrollee satisfaction.

33-22

(C) Issuance of certification:

33-23

(1) Upon receipt of an application for certification, the director shall notify and afford the

33-24

public an opportunity to comment upon the application.

33-25

(2) A health care plan will meet the requirements of certification, subsection (B) by

33-26

providing information required in subsection (B) to any state or federal agency in conformance

33-27

with any other applicable state or federal law, or in conformity with standards adopted by an

33-28

accrediting organization provided that the director determines that the information is substantially

33-29

similar to the above requirements and is presented in a format that provides a meaningful

33-30

comparison between health plans.

33-31

(3) All health plans shall be required to establish a mechanism, under which providers,

33-32

including local providers participating in the plan, provide input into the plan's health care policy,

33-33

including technology, medications and procedures, utilization review criteria and procedures,

33-34

quality and credentialing criteria, and medical management procedures.

34-1

(4) All health plans shall be required to establish a mechanism under which local

34-2

individual subscribers to the plan provide input into the plan's procedures and processes regarding

34-3

the delivery of health care services.

34-4

(5) A health plan shall not refuse to contract with or compensate for covered services an

34-5

otherwise eligible provider or non-participating provider solely because that provider has in good

34-6

faith communicated with one or more of his or her patients regarding the provisions, terms or

34-7

requirements of the insurer's products as they relate to the needs of that provider's patients.

34-8

(6) All health plans shall be required to publicly notify providers within the health plans'

34-9

geographic service area of the opportunity to apply for credentials. Such notification process shall

34-10

be required only when the plan contemplates adding additional providers and may be specific as

34-11

to geographic area and provider specialty. Any provider not selected by the health plan may be

34-12

placed on a waiting list.

34-13

(a) Such a credentialing process shall begin upon acceptance of an application from a

34-14

provider to the plan for inclusion.

34-15

(b) Each application shall be reviewed by the plan's credentialing body.

34-16

(c) All health plans shall develop and maintain credentialing criteria to be utilized in

34-17

adding providers from the plans' network. Credentialing criteria shall be based on input from

34-18

providers credentialed in the plan and such standards shall be available to applicants. When

34-19

economic considerations are part of the decisions, the criteria must be available to applicants.

34-20

Any economic profiling must factor the specialty utilization and practice patterns and general

34-21

information comparing the applicant to his or her peers in the same specialty will be made

34-22

available. Any economic profiling of providers must be adjusted to recognize case mix, severity

34-23

of illness, age of patients and other features of a provider's practice that may account for higher

34-24

than or lower than expected costs. Profiles must be made available to those so profiled.

34-25

(7) A health plan shall not exclude a provider of covered services from participation in its

34-26

provider network based solely on;

34-27

(a) The provider's degree or license as applicable under state law; or

34-28

(b) The provider of covered services lack of affiliation with, or admitting privileges at a

34-29

hospital, if such lack of affiliation is due solely to the provider's type of license.

34-30

(8) Health plans shall not discriminate against providers solely because the provider treats

34-31

a substantial number of patients who require expensive or uncompensated medical care.

34-32

(9) The applicant shall be provided with all reasons used if the application is denied.

35-1

(10) Plans shall not be allowed to include clauses in physician or other provider contracts

35-2

that allow for the plan to terminate the contract "without cause"; provided, however, cause shall

35-3

include lack of need due to economic considerations.

35-4

(11) There shall be due process for non-institutional providers for all adverse decisions

35-5

resulting in a change of privileges of a credentialed non-institutional provider. The details of the

35-6

health plan's due process shall be included in the plan's provider contracts.

35-7

(a) A health plan is deemed to have met the adequate notice and hearing requirement of

35-8

this section with respect to a non-institutional provider if the following conditions are met (or are

35-9

waived voluntarily by the non-institutional provider):

35-10

(i) The provider shall be notified of the proposed actions and the reasons for the proposed

35-11

action.

35-12

(ii) The provider shall be given the opportunity to contest the proposed action.

35-13

(iii) The health plan has developed an internal appeals process that has reasonable time

35-14

limits for the resolution of such internal appeal.

35-15

(12) If the plan places a provider or provider group at financial risk for services not

35-16

provided by the provider or provider group, the plan must require that such provider or group has

35-17

met all appropriate standards of the department of business regulation.

35-18

 SECTION 2. This article shall take effect on April 1, 2002

36-1

ARTICLE 5

36-2

RELATING TO REVENUE ESTIMATES AND BUDGET SUBMISSION

36-3

SECTION 1. Section 35-16-2 of the General Laws in Chapter 35-16 entitled "Revenue

36-4

Estimating Conferences" is hereby amended to read as follows:

36-5

35-16-2. Meetings. -- (a) The principals of the R.E.C. shall meet within the first ten (10)

36-6

twenty (20) days of May April and November of each year.

36-7

 (b) The primary purpose of regularly scheduled conferences is to prepare economic

36-8

forecasts and forecast revenue estimates and review current revenue collections under current tax

36-9

law. The conference principals can agree, however, to address special legislation or special

36-10

topics.

36-11

 (c) Prior to each R.E.C., the principals will determine the documentation and information

36-12

necessary to support that conference.

36-13

 (d) No votes will be taken in the revenue estimating conferences. These are truly

36-14

consensus conferences and all principals must agree and are bound to the conference

36-15

recommendations.

36-16

SECTION 2. Section 35-17-2 of the General Laws in Chapter 35-17 entitled "Medical

36-17

Assistance and Public Assistance Caseload Estimating Conferences" is hereby amended to read

36-18

as follows:

36-19

35-17-2. Meetings. -- (a) The principles of the C.E.C. shall meet within the first ten (10)

36-20

twenty (20) days of May April, and November of each year.

36-21

 (b) The primary purpose of regularly scheduled conferences is to forecast medical

36-22

assistance and public assistance caseloads. The conference principals can agree, however, to

36-23

address special legislation or special topics.

36-24

 (c) Prior to each caseload estimating conference, the principals will determine the

36-25

documentation and information necessary to support that conference.

36-26

 (d) No votes will be taken in the caseload estimating conferences. These are truly

36-27

consensus conferences and all principals must agree and are bound to the conference

36-28

recommendations.

36-29

SECTION 2. Sections 35-3-4, 35-3-7 and 35-3-8 of the General Laws in Chapter 35-3

36-30

entitled "State Budget" are hereby amended to read as follows:

36-31

35-3-4. Estimates submitted by department heads. -- (a) On or before the first day of

36-32

October On the date determined by the budget officer in each year, each head of a department of

36-33

the state government, not including the general assembly or the judiciary, shall assemble,

36-34

correlate, and revise, with power to increase or decrease, the estimates for expenditures and

37-1

requests for appropriations for the next ensuing fiscal year of each of the divisions, boards,

37-2

commissions, officers, bureaus, institutions, or agencies of the state included within his or her

37-3

department, and, after this revision, shall prepare an itemized departmental estimate of the

37-4

appropriations necessary to meet the financial needs of the department, including a statement in

37-5

detail of all moneys for which any general or special appropriation is desired at the ensuing

37-6

session of the general assembly. The estimate shall be in such form, and in such number of

37-7

copies, and with such explanation as the budget officer may require, and, on or before the first

37-8

day of October on the date determined by the budget officer in each year, shall be submitted to

37-9

the governor through the budget officer. The budget officer shall provide copies to the house

37-10

fiscal advisor and senate fiscal advisor.

37-11

 (b) The estimates shall also include a supplemental presentation of estimates of

37-12

expenditures for information resources and information technologies as defined in section 29-8-2,

37-13

regardless of source of financing. The estimate shall include a detailed listing and explanation of

37-14

expenses and the source of funds and shall be in such form, and in such number of copies, and

37-15

with such explanation as the budget officer may require. Copies shall be provided directly to the

37-16

house fiscal advisor, the senate fiscal advisor, and the Rhode Island Information Resources

37-17

Management Board.

37-18

35-3-7. Submission of budget to general assembly -- Contents. -- (a) On or before the

37-19

third Wednesday in February fourth Wednesday in January in each year of each January session

37-20

of the general assembly, the governor shall submit to the general assembly a budget containing a

37-21

complete plan of estimated revenues and proposed expenditures, with a personnel supplement

37-22

detailing the number and titles of positions of each agency and the estimates of personnel costs

37-23

for the next fiscal year. In those years that a new governor is inaugurated, the new governor shall

37-24

submit the budget on or before the second Wednesday in February. In the budget the governor

37-25

may set forth in summary and detail:

37-26

 (1) Estimates of the receipts of the state during the ensuing fiscal year under laws

37-27

existing at the time the budget is transmitted and also under the revenue proposals, if any,

37-28

contained in the budget, and comparisons with the estimated receipts of the state during the

37-29

current fiscal year, as well as actual receipts of the state for the last two (2) completed fiscal

37-30

years.

37-31

 (2) Estimates of the expenditures and appropriations necessary in the governor's

37-32

judgment for the support of the state government for the ensuing fiscal year, and comparisons

37-33

with appropriations for expenditures during the current fiscal year, as well as actual expenditures

37-34

of the state for the last two (2) complete fiscal years.

38-1

 (3) Financial statements of the

38-2

 (i) Condition of the treasury at the end of the last completed fiscal year;

38-3

 (ii) The estimated condition of the treasury at the end of the current fiscal year; and

38-4

 (iii) Estimated condition of the treasury at the end of the ensuing fiscal year if the

38-5

financial proposals contained in the budget are adopted.

38-6

 (4) All essential facts regarding the bonded and other indebtedness of the state.

38-7

 (5) A report indicating those program revenues and expenditures whose funding source

38-8

is proposed to be changed from state appropriations to restricted receipts, or from restricted

38-9

receipts to other funding sources.

38-10

 (6) Such other financial statements and data as in the governor's opinion are necessary or

38-11

desirable.

38-12

 (b) Any other provision of the general laws to the contrary notwithstanding, the proposed

38-13

appropriations submitted by the governor to the general assembly for the next ensuing fiscal year

38-14

should not be more than five and one-half percent (5.5%) in excess of total state appropriations,

38-15

excluding any estimated supplemental appropriations, enacted by the general assembly for the

38-16

fiscal year previous to that for which the proposed appropriations are being submitted; provided,

38-17

that the increased state share provisions required to achieve fifty percent (50%) state financing of

38-18

local school operations as provided for in P.L. 1985, ch. 182, shall be excluded from the

38-19

definition of total appropriations.

38-20

35-3-8. Recommendations to meet deficiencies -- Submission of appropriation bills. -

38-21

- (a) The budget shall also contain the recommendations of the governor to the general assembly

38-22

for new taxes, loans, or other appropriate actions to meet any estimated deficiency for the ensuing

38-23

fiscal year. It shall also be accompanied by a bill or bills for all proposed appropriations.

38-24

 (b) In the event that any departments of state government are expected to incur a

38-25

deficiency within the current fiscal year, the governor shall, on or before the second Tuesday in

38-26

January 1997 and the second Tuesday fourth Wednesday in January each year thereafter, submit a

38-27

request for supplemental appropriations on their behalf. In those years that a new governor is

38-28

inaugurated, the new governor shall submit a request for supplemental appropriations on or

38-29

before the second Wednesday in February. In the event that, subsequent to the January request,

38-30

the governor determines that additional deficiencies are expected to be incurred, the governor

38-31

shall submit requests for additional appropriations upon notice of these deficiencies.

38-32

 (c) The request presented to the general assembly shall identify the proposed increases

38-33

and decreases to the original amounts provided in the annual appropriation act.

38-34

SECTION 3. This article shall take effect upon passage.

39-1

ARTICLE 6

39-2

RELATING TO INSURANCE

39-3

SECTION 1. Section 27-2.4-4 of the General Laws in Chapter 27-2.4 entitled

39-4

“Producer Licensing Act” is hereby amended to read as follows:

39-5

27-2.4-4 – Fees. (a) Fees required by this chapter are for the period commencing

39-6

July 1, 2002 and ending on June 30, 2003 shall be as follows:

39-7

(1) Initial insurance producer license: $50.00 $60.00;

39-8

(2) Annual insurance producer renewal: $50.00 $60.00;

39-9

(3) Annual company contract fee: $25.00 $35.00.

39-10

(b) Commencing July 1, 2003 the fees shall be as follows:

39-11

(1) Initial insurance producer license: $50.00;

39-12

(2) Annual insurance producer renewal: $50.00; and

39-13

(3) Annual contract fee: $25.00.

39-14

(c) The insurance commissioner may by rule or regulation, specify fees for letters

39-15

of certification, clearance letters, duplicate licenses, and any other fees for service and

39-16

documents that are reasonably determined by the insurance commissioner.

39-17

SECTION 2. Section 27-3.2-9 of the General Laws in Chapter 27-3.2 entitled

39-18

“Continuing Education Requirements” is hereby amended to read as follows:

39-19

27-3.2-9. Fees. (a) Notwithstanding any provision of the general laws to the contrary,

39-20

there is hereby established a fee of five dollars ($5.00) fifteen dollars ($15.00) per annum for the

39-21

period commencing July 1, 2002 and ending on June 30, 2003, which shall be paid by all persons

39-22

licensed pursuant to chapter 2.3 27-2.4 of this title, and shall be deposited as general revenues.

39-23

(b) Notwithstanding any provision of the general laws to the contrary, for the period

39-24

commencing July 1, 2003 the fee shall be five dollars ($5.00) per annum, which shall be paid by

39-25

all persons licensed pursuant to chapter 27-2.4 of this title, and shall be deposited as general

39-26

revenues.

39-27

SECTION 3. This article shall take on effect upon passage.

40-1

ARTICLE 7

40-2

THE TOBACCO SETTLEMENT FINANCING CORPORATION ACT

40-3

 

40-4

 SECTION 1. Title 42 of the General Laws entitled “State Affairs and Government” is

40-5

hereby amended by adding thereto the following chapter:

40-6

CHAPTER 133

40-7

TOBACCO SETTLEMENT FINANCING CORPORATION ACT

40-8

42-133-1. Short title. -- This chapter shall be known as the " Tobacco Settlement

40-9

Financing Corporation Act."

40-10

42-133-2. Purpose. -- The purpose of this chapter is to authorize, create and establish a

40-11

corporation empowered to acquire from the state that portion of the state's tobacco receipts as the

40-12

state is authorized to sell; to authorize the sale by the state all or a portion of the state's tobacco

40-13

receipts to such corporation; to authorize the transfer to and the receipt by such corporation of all

40-14

or a portion of the state's tobacco receipts; to authorize such corporation to issue bonds of the

40-15

corporation for the purposes authorized in this chapter, payable solely from and secured solely by

40-16

such portion of the state's tobacco receipts as the corporation may designate and pledge to secure

40-17

the bonds, together with the investment income thereon and any reserve fund created by the

40-18

corporation from any portion of the proceeds of such bonds; and to authorize the corporation to

40-19

manage and dispose of all or a portion of the state's tobacco receipts for the purposes and in the

40-20

manner authorized in this chapter.

40-21

42-133-3. Definitions. -- As used in this chapter, the following words and terms shall

40-22

have the following meanings unless the context shall indicate another or different meaning or

40-23

intent:

40-24

(1) "Board" means the governing body of the corporation.

40-25

(2) "Bonds" means bonds, notes (but only as provided in section 42-133-8(6)(e)), or other

40-26

evidences of indebtedness of the corporation, all of which shall be in all events payable solely

40-27

from and secured solely by such portion of the state's tobacco receipts as are sold to the

40-28

corporation and pledged to secure the bonds, and issued pursuant to the authorizations contained

40-29

in this chapter, all of which shall be issued under the name of or known as obligations of the

40-30

corporation.

40-31

(3) "Corporation" means the corporation authorized, created, and established pursuant to

40-32

this chapter.

40-33

(4) "Escrow" means the escrow as that term is defined in the master settlement

40-34

agreement.

40-35

(5) "Escrow agent" means the escrow agent as that term is defined in the master

41-1

settlement agreement.

41-2

(6) "Independent auditor" means the independent auditor as that term is defined in the

41-3

master settlement agreement.

41-4

(7) "Master settlement agreement" means the settlement agreement and related

41-5

documents entered into on November 23, 1998, by the state and the four (4) principal United

41-6

States tobacco product manufacturers, as amended and supplemented.

41-7

(8) "Participating manufacturers" means the participating manufacturers as that term is

41-8

defined in the master settlement agreement.

41-9

(9) "Qualifying statute" means chapter 23-71 of the general laws enacted March 30, 2001

41-10

and applied retroactively to June 29, 1999, in conformity with exhibit T of the master settlement

41-11

agreement.

41-12

(10) "State" means the state of Rhode Island and Providence Plantations.

41-13

(11) "State's tobacco receipts" means all of the payments to be made by the escrow agent

41-14

and derived from payments made by the participating manufacturers and allocated to the state

41-15

under the master settlement agreement, other than pursuant to Article XVII of the master

41-16

settlement agreement.

41-17

42-133-4. Creation -- Powers -- Construction of chapter -- Termination. -- (a) There

41-18

is hereby authorized, created and established, a public corporation of the state having a legal

41-19

existence distinct from the state and not constituting a department of state government, to be

41-20

known as the Tobacco Settlement Financing Corporation, with such powers as are set forth in this

41-21

chapter.

41-22

(b) It is the intent of the general assembly by the passage of this chapter to vest in the

41-23

corporation all powers, authority, rights, privileges, and titles which may be necessary to enable it

41-24

to accomplish the purposes set forth in this chapter. This chapter and the powers granted hereby

41-25

shall be liberally construed in conformity with these purposes.

41-26

(c) The corporation and its corporate existence shall continue until terminated by law or

41-27

until the corporation shall cease entirely and continuously to conduct or be involved in any

41-28

business whatsoever in furtherance of its purposes; provided, that no termination shall take effect

41-29

prior to the date which is one (1) year and one (1) day after the date on which the corporation no

41-30

longer has any bonds outstanding. Upon termination of the existence of the corporation, all its

41-31

rights and properties shall pass to and best vested in the state. At no other time shall the assets or

41-32

other property of the corporation inure to the benefit of any other person.

41-33

42-133-5. General powers. -- (a) The corporation shall have all the powers necessary

41-34

and convenient to carry out and effectuate the purposes and provisions of this chapter, including,

42-1

but not limited to, the power to:

42-2

(1) sue and be sued, complain and defend, in its corporate name;

42-3

(2) have a seal which may be altered at pleasure, and use the seal by causing it, or a

42-4

facsimile thereof, to be impressed or affixed or in any other manner reproduced; provided,

42-5

however, that the failure to affix the seal does not affect the validity of an instrument executed on

42-6

behalf of the corporation.

42-7

(3) adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this

42-8

chapter, for the administration and regulation of the corporation's affairs and the implementation

42-9

of its functions;

42-10

(4) conduct its activities, carry on its operations, and have offices and exercise the powers

42-11

granted by this chapter;

42-12

(5) purchase, take, receive, or otherwise acquire, own, hold, use, and otherwise deal in

42-13

and with, intangible personal property, or any interest therein, including the state's tobacco

42-14

receipts or any portion thereof;

42-15

(6) invest and reinvest its funds in such manner as shall be determined by the board or by

42-16

contract with its bondholders (and such investments shall not be subject to chapter 35-10.1);

42-17

(7) make and execute all contracts or agreements necessary, proper, or convenient for the

42-18

exercise of the powers and purposes of the board and the corporation; borrow money through the

42-19

execution and delivery of bonds, and make, execute and deliver financing agreements relating

42-20

thereto in the exercise of the powers and purposes of the board and the corporation;

42-21

(8) make and execute all agreements for the purpose of managing and controlling the

42-22

funds transferred between the corporation and the state, and any trust created by the state or the

42-23

corporation, and governing the investment and the monitoring and record keeping of such funds

42-24

and investment income thereon, for purposes of maintaining the exemption from federal income

42-25

tax of interest on bonds and for other purposes;

42-26

(9) make and execute, amend and terminate all agreements in the nature of interest rate

42-27

swaps, forward security supply contracts, agreements for the management of interest rate risks,

42-28

agreements for the management of cash flow, and other agreements of a similar nature, with

42-29

respect to bonds issued pursuant to this chapter;

42-30

(10) procure insurance, guarantees, letters of credit, and other forms of collateral or

42-31

security or credit support from any public or private entity, including any department, agency, or

42-32

instrumentality of the United States or the state, for the payment of any bonds, including the

42-33

power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of

42-34

collateral or security or credit support;

43-1

(11) make and execute all contracts and expend funds to obtain accounting, management,

43-2

legal, financial consulting, trusteeship and other professional services necessary or convenient to

43-3

the operations of the corporation;

43-4

(12) expend funds for the costs of administering the operations of the corporation;

43-5

(13) request the attorney general, on behalf of the state, to notify the independent auditor

43-6

of the sale and instruct the independent auditor to direct the escrow agent to disburse to the

43-7

corporation, so that it may receive and accept from the escrow agent, all or a portion of the state's

43-8

tobacco receipts;

43-9

(14) with respect to all or such portion of the state's tobacco receipts as may be acquired

43-10

by the corporation, direct the attorney general to enforce, in the name of the state and, if

43-11

permissible, to enforce directly through the corporation's own attorneys in the name of the state,

43-12

with notice to the attorney general, the master settlement agreement; provided, that the board may

43-13

not give any approval to any amendment to the master settlement agreement or the qualifying

43-14

statute without notice to the attorney general and the approval of the general assembly. This

43-15

power constitutes a part of the contractual obligation owed to the holders of any bonds;

43-16

(15) create and establish, or cause to be created and established, under the laws of this

43-17

state or another state, a trust fund with regard to monies paid to the corporation which monies

43-18

shall include, but not be limited to, such portion of the state's tobacco receipts as may be sold to

43-19

the corporation and not pledged to the payment of bonds or subsequently released from the

43-20

pledge for payment of the bonds and which, in accordance with any sale agreement with the state,

43-21

is to be paid to the state, including such portion of the proceeds of any bonds designated for the

43-22

purchase of the state's tobacco receipts and designated for deposit in the fund, together with all

43-23

interest thereon; and all securities or investment income and other assets acquired by and through

43-24

the use of the monies belonging to the fund and any other monies deposited in the fund. Monies

43-25

in the fund shall be used solely and only for the payment of all amounts due and to become due to

43-26

the state, and shall not be used for any other purpose. Monies deposited in the trust fund shall not

43-27

be available for the payment of any claim against the corporation or any debt or obligation of the

43-28

corporation, including any bonds issued by the corporation; and

43-29

(16) do all other things necessary or convenient to exercise powers granted or reasonably

43-30

implied by this chapter or that may be necessary for the furtherance and accomplishments of the

43-31

purposes of the corporation.

43-32

(b) As long as any bonds of the corporation are outstanding, the corporation shall not take

43-33

any action that materially and adversely affects the rights of the holders of its bonds.

43-34

42-133-6. Board and officers. -- (a) The powers of the corporation shall be vested in a

44-1

board the size and composition of which shall be established by a measure passed by both houses

44-2

of the general assembly and approved by the governor.

44-3

 42-133-7. Sale of state's tobacco receipts. --(a) On or before June 30, 2002, the state

44-4

shall sell and assign to and the corporation shall acquire all or a portion of the state's tobacco

44-5

receipts. The attorney general shall assist the governor in the preparation and review of all

44-6

necessary documentation to effect such sale and transfer by such date. The terms and conditions

44-7

of the sale shall be established in order to accomplish the purpose and intent set forth in this

44-8

chapter and shall include, but not be limited to, the price, the net proceeds of the sale of the bonds

44-9

to be issued by the corporation and secured by a portion of the state's tobacco receipts, and the

44-10

beneficial interest of the state in any trust fund created in accordance with this chapter.

44-11

(b) The sale of the state's tobacco receipts to the corporation shall be irrevocable during

44-12

the time when any bonds issued by the corporation are outstanding, and shall constitute a

44-13

contractual obligation owed to the holders of such bonds. The sale of the state's tobacco receipts

44-14

shall be treated as a true sale and absolute transfer of the property so transferred and not as a

44-15

pledge or other security interest for any borrowing. The characterization of such a sale as an

44-16

absolute transfer shall not be negated or adversely affected by the fact that only a portion of the

44-17

state's tobacco receipts is being sold or by the state's acquisition or retention of an ownership

44-18

interest in any residual assets.

44-19

(c) On or after the effective date of the sale, the state shall not have any right, title, or

44-20

interest in all or such portion of the state's tobacco receipts sold which shall be the sole property

44-21

of the corporation, and not of the state, and shall be owned, received, held, and disbursed by the

44-22

corporation or its trustee or assignee in accordance with this chapter, and not by the state.

44-23

(d) On or before the effective date of the sale and at the request of the corporation, the

44-24

state, through the attorney general, shall notify the independent auditor of the sale and instruct the

44-25

independent auditor to direct the escrow agent that, subsequent to that date and irrevocably during

44-26

the time when any bonds are outstanding, the state's tobacco receipts acquired by the corporation

44-27

are to be paid directly to the corporation or its designee.

44-28

(e) With respect to the issuance of the corporation's bonds and in compliance with all

44-29

applicable federal law, including, but not limited to, the Internal Revenue Code, the state and the

44-30

corporation may enter into agreements for the benefit of the corporation's bondholders with

44-31

respect to the application of the proceeds of the bonds and certain other monies of the state, the

44-32

investment thereof, and the periodic reporting of certain information, and such other matters

44-33

related thereto.

44-34

42-133-8. Bonds. -- (a) In furtherance of this chapter:

45-1

(1) The corporation may issue bonds, from time to time, for the purposes and in the

45-2

manner authorized by this chapter. Bonds issued pursuant to this chapter may be secured by the

45-3

pledge of a portion of the state's tobacco receipts sold to the corporation, any monies derived

45-4

therefrom, and any other sources available to the corporation. The corporation may also issue

45-5

refunding bonds, including advance refunding bonds, for the purpose of refunding previously

45-6

issued bonds.

45-7

(2) The corporation may issue its bonds in such principal amounts and at such rate or

45-8

rates of interest as the corporation by resolution of the board may determine, establish reserves to

45-9

secure the bonds, and pay the costs of issuance of the bonds and all other expenditures of the

45-10

corporation incident to and necessary to carry out the corporation's purposes or powers. The

45-11

bonds are investment securities and negotiable instruments within the meaning of and for the

45-12

purposes of title 6A.

45-13

(3) Bonds issued by the corporation are payable solely and only out of the monies,

45-14

assets, or revenues pledged by the corporation, and are not a general obligation or indebtedness of

45-15

the corporation or an obligation or indebtedness of the state or any subdivision of the state. The

45-16

corporation has no power or authorization to pledge the credit or taxing power of the state or any

45-17

political subdivision of the state, or create a debt or obligation of the state, or make its debts

45-18

payable out of any monies except monies of the corporation.

45-19

(4) Bonds shall state on their face that the bonds are payable both as to principal and

45-20

interest solely out of the assets of the corporation pledged for such purpose and; neither the faith

45-21

and credit nor the taxing power of the state or any political subdivision thereof is pledged to the

45-22

payment of the principal of or the interest on the bonds; do not constitute an indebtedness of the

45-23

state or any political subdivision of the state; are secured solely by and are payable solely from

45-24

the tobacco receipts sold to the corporation and other monies of the corporation; do not constitute

45-25

a general, legal, or moral obligation of the state or any political subdivisions thereof and that the

45-26

state has no obligation or intention to satisfy any deficiency or default of any payment of the

45-27

bonds.

45-28

(5) Any pledge by the corporation of a portion of the state's tobacco receipts shall be

45-29

valid and binding at the time such pledge is made. Tobacco receipts so pledged and then or

45-30

thereafter received by the corporation shall immediately be subject to the lien of such pledge

45-31

without any physical delivery thereof or further act. The lien of any such pledge shall be valid

45-32

and binding as against all parties having claims of any kind against the corporation, whether such

45-33

parties have notice of the lien. Notwithstanding any other provision to the contrary, the

45-34

resolution of the corporation or any other instrument by which a pledge is created need not be

46-1

recorded or filed to perfect such pledge.

46-2

(6) The proceeds of bonds may be invested in any manner approved by the board and

46-3

specified in the trust indenture or resolution pursuant to which the bonds are issued.

46-4

(b) All bonds issued by the corporation shall comply with all of the following:

46-5

(1) Bonds shall be in a form, issued in denominations, executed in a manner, and payable

46-6

over terms and with rights of redemption, as the board prescribes in the resolution authorizing

46-7

their issuance.

46-8

(2) Bonds shall be fully negotiable instruments under the laws of this state and may be

46-9

sold at prices, at public or private sale, and in a manner as prescribed by the board.

46-10

(3) Bonds shall be subject to the terms, conditions and covenants providing for the

46-11

payment of the principal, redemption premiums, if any, interest, and other terms, conditions,

46-12

covenants and protective provisions safeguarding payment, not inconsistent with this chapter and

46-13

as determined by resolution of the board authorizing their issuance.

46-14

(c) Bonds must be authorized by a resolution of the board; provided, that a resolution

46-15

authorizing the issuance of bonds may delegate to an officer of the corporation the power to

46-16

negotiate and fix the details of an issue of bonds by an appropriate certificate of the authorized

46-17

officer.

46-18

(d) To comply with all applicable federal law with respect to the issuance of bonds,

46-19

including, but not limited to, tax-exemption provisions of Internal Revenue Code, the corporation

46-20

may issue a certain series of bonds, or periodically issue several series of bonds, so that interest

46-21

on the bonds remains exempt from federal taxation or to comply with the purposes specified in

46-22

this chapter.

46-23

(e) No bonds may be authorized or issued by the corporation prior to the enactment of a

46-24

measure by the general assembly as contemplated by section 42-133-6 with respect to the size

46-25

and composition of the board, and no notes may be issued in anticipation of the issuance of

46-26

bonds except with the adoption by the general assembly of an authorizing measure and the

46-27

approval thereof of the governor.

46-28

42-133-9. Trust funds. -- All money received pursuant to the authority of this chapter,

46-29

whether as provided from the sale of bonds or state's tobacco receipts purchased by the

46-30

corporation, or investment income, shall be trust funds to be held and applied solely as provided

46-31

in the proceedings under which the bonds of the corporation are authorized. Any officer with

46-32

whom, or any bank or trust company with which monies shall be deposited as trustee, shall hold

46-33

and apply the trust funds for the purposes for which the bonds are authorized, subject to the

46-34

applicable provisions of this chapter, the proceedings authorizing the bonds, and the trust

47-1

agreement securing the bonds, if any.

47-2

42-133-10. Exemption from taxation. --The exercise of the powers granted by this

47-3

chapter shall be in all respects for the benefit of the people of the state, and the corporation, and

47-4

any trust established by the corporation, shall not be required to pay taxes of the state or any

47-5

political subdivision of the state of any kind, including any tax or assessment on any property

47-6

owned by the corporation, or any trust established by the corporation, under the provisions of this

47-7

chapter or upon the income from any property. Any bonds issued by the corporation under the

47-8

provisions of this chapter, their transfer, and the income from them (including any profits made

47-9

on their sale), shall at all times be free from taxation by the state or any political subdivision or

47-10

other instrumentality of the state, excepting inheritance, estate, and gift taxes.

47-11

42-133-11. Bankruptcy. --Prior to the date which is one (1) year and one (1) day after

47-12

the date on which the corporation no longer has any bonds outstanding, the corporation has no

47-13

authority to file a voluntary petition under chapter 9 of the United States Bankruptcy Code or

47-14

such corresponding law as may, from time to time, be in effect, and neither any public official nor

47-15

any other organization, entity, or other person shall authorize the corporation to be or become a

47-16

debtor under the United States Bankruptcy Code or any corresponding law during such periods.

47-17

The provisions of this section are for the benefit of the holders of any bonds and are a part of the

47-18

contractual obligation owed to such bondholders and the state hereby agrees that it shall not

47-19

modify or delete the provisions of this section during the periods described in this section. The

47-20

corporation is authorized to include this agreement of the state in any agreement with the holders

47-21

of the bonds.

47-22

42-133-12. Limited power to incur debt. -- The corporation and the board have no

47-23

power to incur debt or obligations or in any way to encumber their assets except by the issuance

47-24

of bonds, including the making of covenants in relation to the issuing of bonds and the incurring

47-25

of expenses and obligations in connection with such issuance.

47-26

42-133-13. Bonds as legal investments. -- The bonds of the corporation are hereby made

47-27

securities in which all public officers and bodies of this state and municipalities and municipal

47-28

subdivisions, all companies and associations and other persons carrying on an insurance business,

47-29

all banks, bankers, trust companies, savings banks, and savings associations, including savings

47-30

and loan associations, building and loan associations, investment companies, and other persons

47-31

carrying on a banking business, all administrators, guardians, executors, trustees, and other

47-32

fiduciaries, and all other persons whatsoever who are authorized to invest in bonds or other

47-33

obligations of the state may properly and legally invest funds, including capital, in their control or

47-34

belonging to them.

48-1

42-133-14. Agreement by the state. -- The state does hereby pledge to and agree with

48-2

the holders of any bonds issued under this chapter that the state will not limit or alter the rights

48-3

vested in the corporation to fulfill the terms of any agreements made with the holders, or

48-4

otherwise take any action that materially and adversely affects the rights of the holders, until the

48-5

bonds, together with the interest thereon, with interest on any unpaid installments of interest, and

48-6

all costs and expenses in connection with any action or proceeding by or on behalf of holders, are

48-7

fully met and discharged. The corporation is authorized to include this pledge and agreement of

48-8

the state in any agreement with the holders of the bonds.

48-9

42-133-15. Credit of the state. -- Bonds issued under the provisions of this chapter shall

48-10

not constitute a debt, liability, or obligation of the state or of any political subdivision thereof

48-11

other than the corporation, or a pledge of the faith and credit of the state or any political

48-12

subdivision, but shall be payable solely from the assets of the corporation. Bonds shall state on

48-13

their face that the bonds are payable both as to principal and interest solely out of the assets of the

48-14

corporation pledged for such purpose, and neither the faith and credit nor the taxing power of the

48-15

state or any political subdivision thereof is pledged to the payment of the principal of or the

48-16

interest on the bonds; do not constitute an indebtedness of the state or any political subdivision of

48-17

the state; are secured solely by and payable solely from the tobacco receipts sold to the

48-18

corporation and other moneys of the corporation; and do not constitute a general, legal, or moral

48-19

obligation of the state or any political subdivisions thereof, and that the state has no obligation or

48-20

intention to satisfy any deficiency or default of any payment of the bonds.

48-21

42-133-16. Annual report and audit. -- The corporation shall submit to the speaker of

48-22

the house, the majority leader of the senate, the director of administration and the attorney general

48-23

within four (4) months after the close of its fiscal year, a report of its activities for the preceding

48-24

fiscal year. The report shall set forth a complete operating and financial statement covering the

48-25

corporation's operations during the preceding fiscal year. The corporation shall cause an

48-26

independent audit of its books and accounts to be made at least once each fiscal year. The fiscal

48-27

year of the corporation shall commence on each July 1.

48-28

42-133-17. Attorney general. -- Nothing in this chapter shall be construed as in any way

48-29

modifying or limiting, and the state does hereby pledge to and agree with the holders of any

48-30

bonds issued under this chapter that the state will not modify or limit, the responsibility of the

48-31

attorney general to administer, protect and discharge all duties, rights and obligations of the state

48-32

under the master settlement agreement and the qualifying statute.

48-33

42-133-18. Chapter controlling over inconsistent provisions. --Insofar as the

48-34

provisions of this chapter are inconsistent with the provisions of any other law or ordinance,

49-1

general, special or local, the provisions of this chapter shall be controlling.

49-2

42-133-19. Construction with other statutes. -- The issuance of bonds of the

49-3

corporation under the provisions of this chapter need not comply with the requirements of any

49-4

other statute applicable to the issuance of obligations. No proceedings or notice of approval shall

49-5

be required for the issuance of any bonds except as provided in this chapter.

49-6

42-133-20. Severability. -- If any clause, sentence, paragraph, section, or part of this

49-7

chapter shall be adjudged by any court of competent jurisdiction to be invalid, that judgment shall

49-8

not affect, impair, or invalidate the remainder of this chapter, but shall be confined in its

49-9

operation to the clause, sentence, paragraph, section, or part directly involved in the controversy

49-10

in which that judgment shall have been rendered.

49-11

SECTION 2. Section 35-3-23 of the General Laws in Chapter 35-3 entitled "State

49-12

Budget" is hereby amended to read as follows:

49-13

35-3-23. Interfund transfers. [Effective until January 7, 2003.] -- The governor may

49-14

make an interfund transfer. Prior to making an interfund transfer the governor shall give five (5)

49-15

days written notification of the proposed interfund transfer to the speaker of the house, the

49-16

majority leader of the senate, the chairperson of the house finance committee, the chairperson of

49-17

the senate finance committee, the minority leader of the senate, and the minority leader of the

49-18

house. An interfund transfer must comply with this section. An interfund transfer can be made

49-19

under the following circumstances and on the following conditions:

49-20

 (1) The governor must make the findings that:

49-21

 (i) All cash in the general fund, including the payroll clearing account, has been or is

49-22

about to be exhausted;

49-23

 (ii) The anticipated cash expenditures exceed the anticipated cash available.

49-24

 (2) The governor may make an interfund transfer to the general fund from the:

49-25

 (i) Temporary disability fund created in section 28-39-4; and/or

49-26

 (ii) Intermodal surface transportation fund created in section 35-4-11; and/or .

49-27

(iii) Tobacco settlement financing trust fund created in section 42-133-9.

49-28

 (3) Once in each fiscal quarter from each fund the governor may make an interfund

49-29

transfer. The fund(s) from which money is transferred must be made whole by June 30th in the

49-30

same fiscal year as the transfer is made.

49-31

 (4) The interfund transfer may be made notwithstanding the provisions of sections 28-

49-32

37-3 and 28-39-4.

49-33

35-3-23. Interfund transfers. [Effective January 7, 2003.] -- The governor may make

49-34

an interfund transfer. Prior to making an interfund transfer the governor shall give five (5) days

50-1

written notification of the proposed interfund transfer to the speaker of the house, the president of

50-2

the senate, the chairperson of the house finance committee, the chairperson of the senate finance

50-3

committee, the minority leader of the senate, and the minority leader of the house. An interfund

50-4

transfer must comply with this section. An interfund transfer can be made under the following

50-5

circumstances and on the following conditions:

50-6

 (1) The governor must make the findings that:

50-7

 (i) All cash in the general fund, including the payroll clearing account, has been or is

50-8

about to be exhausted;

50-9

 (ii) The anticipated cash expenditures exceed the anticipated cash available.

50-10

 (2) The governor may make an interfund transfer to the general fund from the:

50-11

 (i) Temporary disability fund created in section 28-39-4; and/or

50-12

 (ii) Intermodal surface transportation fund created in section 35-4-11. and/or

50-13

(iii) Tobacco settlement financing trust fund created in section 42-133-9.

50-14

 (3) Once in each fiscal quarter from each fund the governor may make an interfund

50-15

transfer. The fund(s) from which money is transferred must be made whole by June 30th in the

50-16

same fiscal year as the transfer is made.

50-17

 (4) The interfund transfer may be made notwithstanding the provisions of sections 28-

50-18

37-3 and 28-39-4.

50-19

SECTION 3 This article shall take effect upon passage.

51-1

 ARTICLE 8

51-2

RELATING TO CIGARETTE TAX

51-3

SECTION 4. Sections 44-20-12, 44-20-12.1, and 44-20-13 of the General Laws in

51-4

Chapter 44-20 entitled "Cigarette Tax" are hereby amended to read as follows:

51-5

44-20-12. Tax imposed on cigarettes sold. -- A tax is imposed on all cigarettes sold or

51-6

held for sale in the state by any person, the payment of the tax to be evidenced by stamps affixed

51-7

to the packages containing the cigarettes and as required by the administrator. Any cigarettes on

51-8

which the proper amount of tax provided for in this chapter has been paid, payment being

51-9

evidenced by the stamp, is not subject to a further tax under this chapter. The tax is at the rate of

51-10

fifty (50) sixty-three and one-half (63.5) mills for each cigarette.

51-11

44-20-12.1. Cigarette floor stock tax. -- (a) Whenever used in this section, unless the

51-12

context requires:

51-13

 (1) "Cigarette" means and includes any cigarette as defined in section 44-20-1(2);

51-14

 (2) "Person" means and includes each individual, firm, fiduciary, partnership,

51-15

corporation, trust, or association however formed.

51-16

 (b) Each person engaging in the business of selling cigarettes at wholesale or retail in

51-17

this state pays a tax or excise to the state for the privilege of engaging in that business during any

51-18

part of the calendar year 2001 2002. The tax is measured by the number of cigarettes held by the

51-19

person in this state at 12:01 a.m. on July 1, 2001 May 1, 2002 and is computed at the rate of

51-20

fourteen and one-half (14.5) thirteen and one-half (13.5) mills per cigarette.

51-21

 (c) Each person subject to the payment of the tax imposed by this section shall, on or

51-22

before July 16, 2001 May 16, 2002 file a return, under oath or certified under the penalties of

51-23

perjury, with the tax administrator on forms furnished by him or her, showing the amount of

51-24

cigarettes in that person's possession in this state at 12:01 a.m. on July 1, 2001 May 1, 2002 and

51-25

the amount of tax due, and shall at the time of filing the return pay the tax to the tax

51-26

administrator. Failure to obtain forms shall not be an excuse for the failure to make a return

51-27

containing the information required by the tax administrator.

51-28

 (d) The tax administrator may prescribe rules and regulations, not inconsistent with law,

51-29

with regard to the assessment and collection of the tax imposed by this section.

51-30

44-20-13. Tax imposed on unstamped cigarettes. -- A tax is imposed at the rate of fifty

51-31

(50) sixty-three and one-half (63.5) mills for each cigarette upon the storage or use within this

51-32

state of any cigarettes not stamped in accordance with the provisions of this chapter in the

51-33

possession of any person other than a licensed distributor or dealer, or a carrier for transit from

51-34

without this state to a licensed distributor or dealer within this state.

52-1

SECTION 2. This article shall take effect on May 1, 2002.

53-1

ARTICLE 9

53-2

RELATING TO SINKING FUND

53-3

SECTION 1. Section 35-8-11 of the General Laws in Chapter 35-8 entitled "Bonded

53-4

Indebtedness of State" is hereby amended to read as follows:

53-5

35-8-11. Payments into sinking funds. - In fiscal year 2000, and each subsequent fiscal

53-6

year, there shall be appropriated a sum at least equal to the total of the following: the sinking fund

53-7

commission's estimate of savings generated for that fiscal year from the commission's prior fiscal

53-8

years' refinancing of debt; the sinking fund commission's estimate of the total debt service

53-9

payments, principal and interest, of the debt retired by the commission in prior fiscal year; the

53-10

sinking fund commission's estimate of the total debt service payments, principal and interest, of

53-11

the general obligation debt not issued in accordance with 35-8-6.2 in prior fiscal year; and the

53-12

total interest generated by the proceeds of general obligation bond, net of the arbitrage rebate for

53-13

that year, as estimated by the Revenue Estimating Conference. Payments into the sinking fund

53-14

shall also include those received pursuant to 42-116-25, net of costs incurred by the department or

53-15

agency assuming management of the assets of the Depositors' Economic Protection Corporation,

53-16

which shall not be subject to annual appropriation.

53-17

In fiscal years 2001 and, 2002, and 2003, there shall be no appropriations made to the

53-18

sinking fund. appropriated a sum at least equal to the total of the following: the sinking fund

53-19

commission's estimate of savings generated for that fiscal year from the commission's prior fiscal

53-20

years' refinancing of debt; the sinking fund commission's estimate of the total debt service

53-21

payments, principal and interest, of the debt retired by the commission in prior fiscal year; and the

53-22

sinking fund commission's estimate of the total debt service payments, principal and interest, of

53-23

the general obligation debt not issued in accordance with section 35-8-6.2 in prior fiscal year.

53-24

SECTION 2. In FY 2002 the balance of the sinking fund, estimated to be

53-25

$518,189, shall be transferred from the sinking fund to the general fund.

53-26

SECTION 3. Section 42-116-25.1 of the General Laws in Chapter 42-116 entitled

53-27

"Rhode Island Depositors Economic Protection Corporation" is hereby amended to read as

53-28

follows:

53-29

42-116-25.1. Defeasance of corporation bonds.-Upon final defeasance of all

53-30

corporation bonds, the initial forty-two million two hundred thousand dollars ($42,200,000) of

53-31

corporation proceeds from all sources proceeds from all sources when made available by the

53-32

corporation shall be paid to the general fund on a quarterly basis. All additional corporate

53-33

proceeds shall be paid to the sinking funds on a quarterly basis.

54-1

SECTION 4. Chapter 55 of the Public Laws of 2000 in Article 5, Section 8

54-2

entitled "Sale of bonds" and Article 5, Section 10 entitled "Investment of moneys in

54-3

fund" is hereby amended as follows:

54-4

Section 8. For the fiscal years FY 2001, FY 2002, and FY 2003, any premium and accrued

54-5

interest which may be received on the sale of the capital development bonds shall become

54-6

part of the general fund of the state and shall be applied to the payment of debt service

54-7

charges of the state.

54-8

Section 10. Investment of moneys in fund. - For the fiscal years FY 2001, FY 2002 and FY

54-9

2003, all moneys in the capital development funds not immediately required for payment

54-10

pursuant to the provisions of this act may be invested by the investment commission, as

54-11

established by Chapter 35-10, pursuant to the provisions of such chapter; provided,

54-12

however, that the securities in which the capital development fund is invested shall remain a

54-13

part of the capital development fund until exchanged for other securities; and provided

54-14

further, that the income from investments of the capital development fund shall become a

54-15

part of the general fund of the state and shall be applied to the payment of debt service

54-16

charges of the state, or to the extent necessary, to rebate to the United States treasury any

54-17

income from investments (including gains from the disposition of investments) of proceeds

54-18

of bonds to the extent deemed necessary to exempt (in whole or in part) the interest paid on

54-19

such bonds from federal income taxation.

54-20

SECTION 5. This article shall take effect on July 1, 2001.

55-1

ARTICLE 10

55-2

RELATING TO TAXATION – INSURANCE COMPANIES

55-3

SECTION 1. Chapter 27-3 of the General Laws entitled “Agents, Brokers, and

55-4

Solicitors” is hereby amended by adding thereto the following section:

55-5

27-3-38.1. Insurance independently procured – Duty to report and pay tax. –

55-6

(a) Each insured in this state who procures or continues or renews insurance with an

55-7

insurer not licensed to do an insurance business in this state on properties, risks or

55-8

exposures located or to be performed in whole or in part in this state, other than insurance

55-9

procured through a surplus lines licensee, shall, within thirty (30) days, after the date the

55-10

insurance was so procured, continued or renewed, file a written report with the tax

55-11

administrator, upon forms prescribed by the tax administrator, showing the name and

55-12

address of the insured or insured’s, name and address of the insurer, the subject of the

55-13

insurance, a general description of the coverage, the amount of premium currently

55-14

charged and additional pertinent information reasonably requested by the tax

55-15

administrator.

55-16

For the purposes of this subsection, properties, risks or exposures only partially

55-17

located or to be performed in this state, which are covered under a multi-state policy

55-18

placed by a surplus lines licensee in another state, shall be deemed to be insurance

55-19

independently procured unless the insurer is licensed to do business in this state.

55-20

(b) Gross premiums charged for the insurance, less any return premiums, are

55-21

subject to a tax at the rate of three percent (3%). At the time of filing the report required

55-22

in subsection (a) of this section, the insured shall file with the tax administrator, in the

55-23

form that he or she may prescribe, a return under oath or affirmation containing

55-24

information that may be deemed necessary for the determination of the tax imposed by

55-25

this section. The insured shall at the same time pay the tax due to the tax administrator.

55-26

(c) If an independently procured policy covers properties, risks or exposures only

55-27

partially located or to be performed in this state, the tax payable by the insured shall be

55-28

computed on the portion of the premium properly attributable to the properties, risks or

55-29

exposures located or to be performed in this state.

55-30

(d) This section does not abrogate or modify Rhode Island general laws section

55-31

27-16-1 et seq. (Unauthorized Insurance Business), or any other provision of title 27.

56-1

SECTION 2. Section 44-22-1.1 of the General Laws in Chapter 44-22 entitled

56-2

“Estate and transfer Taxes - Liability and Computation” is hereby amended to read as

56-3

follows:

56-4

44-22-1.1. Tax on net estate of decedent.--(a)(1) For decedents whose death occurs on

56-5

or after January 1, 1992, but prior to January 1, 2002, a tax is imposed upon the transfer of the net

56-6

estate of every resident or nonresident decedent as a tax upon the right to transfer. The tax is a

56-7

sum equal to the maximum credit for state death taxes allowed by 26 U.S.C. section 2011.

56-8

(2) For decedents whose death occurs on or after January 1, 2002, a tax is imposed upon

56-9

the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to

56-10

transfer. The tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C.

56-11

Section 2011 as it was in effect as of January 1, 2001, provided, however, any scheduled increase

56-12

in the unified credit provided in 26 U.S.C. Section 2010 in effect on January 1, 2001, or

56-13

thereafter, shall not apply.

56-14

(b) If the decedent’s estate contains property having a tax situs not within the state, then

56-15

the tax determined by this section is reduced to an amount determined by multiplying the tax by a

56-16

fraction whose numerator is the gross estate excluding all property having a tax situs not within

56-17

the state at the decedent’s death and whose denominator is the gross estate. In determining the

56-18

fraction, no deductions are considered and the gross estate is not reduced by a mortgage or other

56-19

indebtedness for which the decedent’s estate is not liable.

56-20

(c)(1) The terms “gross estate” or “federal gross estate” used in this chapter or chapter 23

56-21

of this title has the same meaning as when used in a comparable context in the laws of the United

56-22

States, unless a different meaning is clearly required by the provisions of this chapter or chapter

56-23

23 of this title. Any reference in this chapter or chapter 23 of this title to the Internal Revenue

56-24

Code or other laws of the United States means the Internal Revenue Code of 1954, 26 U.S.C. § 1

56-25

et seq.

56-26

(2) For decedents whose death occurs on or after January 1, 2002 the terms “gross estate”

56-27

or “federal gross estate” used in this chapter or chapter 23 of this title has the same meaning as

56-28

when used in a comparable context in the laws of the United States, unless a different meaning is

56-29

clearly required by the provisions of this chapter or chapter 23 of this title. Any reference in this

56-30

chapter or chapter 23 of this title to the Internal Revenue Code or other laws of the United States

56-31

means the Internal Revenue Code of 1954, 26 U.S.C. Section 1 et seq., as they were in effect as

56-32

of January 1, 2001.

56-33

(d) All values are as finally determined for federal estate tax purposes.

56-34

(e) Property has a tax situs within the state of Rhode Island:

57-1

(1) If it is real estate or tangible personal property and has actual situs within the state of

57-2

Rhode Island; or

57-3

(2) If it is intangible personal property and the decedent was a resident.

57-4

SECTION 3. Title 44 of the General Laws entitled “Taxation” is hereby amended by

57-5

adding the following chapter:

57-6

CHAPTER 60

57-7

RELATING TO DEPRECIATION OF ASSETS AND NET OPERATING LOSS

57-8

DEDUCTION

57-9

44-60-1. Depreciation of assets. – (a) For purposes of depreciation of assets under

57-10

chapters 11, 14 and 30 of title 44, the bonus depreciation provided by the Job Creation and

57-11

Worker Assistance Act of 2002 (P.L. 107-147) for federal tax purposes shall not be allowed for

57-12

Rhode Island tax purposes. In the year that such assets are placed in service and in all subsequent

57-13

years, depreciation for Rhode Island tax purposes shall be allowed on such assets as it would have

57-14

been computed prior to the enactment of the Job Creation and Worker Assistance Act of 2002.

57-15

(b) The gain resulting from any subsequent disposition of such asset(s) shall be computed

57-16

using a basis consistent with the Rhode Island depreciation allowed under subsection (a).

57-17

SECTION 4. Chapter 30 of Title 44 of the General Laws entitled “Personal Income Tax”

57-18

is hereby amended by adding the following section:

57-19

44-30-2.8. Net operating loss deduction. – For purposes of net operating losses under

57-20

chapter 30 of title 44, the five (5) year carryback provision provided by the Job Creation and

57-21

Worker Assistance Act of 2002 (P.L. 107-147) for federal tax purposes shall not be allowed for

57-22

Rhode Island tax purposes.

57-23

SECTION 5. In the event that the United States Congress passes legislation that provides

57-24

this state with full federal reimbursement for the tax losses incurred by the provisions of the Job

57-25

Creation and Worker Assistance Act of 2002 (P.L. 107-147), relating to bonus depreciation

57-26

and/or five (5) year carryback of net operating losses, then the respective chapter and/or section

57-27

of this article to which the reimbursement applied shall be repealed in its entirety.

57-28

SECTION 6. Chapter 44-30 of the General Laws entitled “Personal Income Tax” is

57-29

hereby amended by adding thereto the following section:

57-30

44-30-87.1. Net operating loss – Limitation. – A net operating loss deduction shall be

57-31

allowed which shall be the same as the net operating loss deduction allowed under section 172 of

57-32

the Internal Revenue Code [26 U.S.C.], except that (1) any net operating loss included in

57-33

determining such deduction shall be adjusted to reflect the modifications increasing and

57-34

decreasing adjusted gross income required by sections 44-30-12 and 44-30-32; (2) such deduction

58-1

shall not include any net operating loss sustained during any taxable year beginning in which the

58-2

taxpayer was not subject to the tax imposed by this chapter; and (3) such deduction shall not

58-3

exceed the deduction for the taxable year allowable under section 172 of the Internal Revenue

58-4

Code [26 U.S.C.], provided, however, notwithstanding any other provision of law such deduction

58-5

for a taxable year may not be carried back to any other taxable year for Rhode Island purposes but

58-6

shall only be allowable on a carry forward basis for the number of succeeding taxable years

58-7

allowed under section 172 of the Internal Revenue Code [26 U.S.C.].

58-8

SECTION 7. Sections one and five of this article shall take effect upon passage. Section

58-9

2 of this article shall take effect upon passage and shall apply to persons who have died on or

58-10

after January 1, 2002. Section 3 shall take effect upon passage and apply to assets acquired after

58-11

September 10, 2001 and before September 11, 2004, and Section 4 shall take effect upon passage

58-12

and apply to taxable years ending in 2001 and 2002. Section 6 of this article shall take effect upon

58-13

passage and apply to losses incurred for taxable years beginning on or after January 1, 2002.

59-1

ARTICLE 11

59-2

RELATING TO HEALTH INSURANCE PROVIDERS

59-3

SECTION 1. Chapter 27-18 of the General Laws entitled "Accident and Sickness

59-4

Insurance Policies" is hereby amended by adding thereto the following sections:

59-5

 27-18-62. Coverage for early intervention services.(a) Every individual or group

59-6

hospital or medical expense insurance policy or contract providing coverage for dependent

59-7

children, issued for delivery or renewal in this state on or after June 1, 2002, shall include

59-8

coverage for early intervention services for those individuals certified by the Department of

59-9

Health as eligible for services under Part C of the Individuals with Disabilities Education Act (20

59-10

USC Sec. 1431, et seq.) Provided further each such policy or contract consistent with Part C of

59-11

the Individuals with Disabilities Education Act ( 20 USC Sec. 1431, et seq.) may not exclude

59-12

early intervention services which are covered benefits in a health plan.

59-13

 (b) Early intervention services which are not covered benefits for all enrollees shall be

59-14

covered for children enrolled in early intervention up to five thousand dollars ($5,000) per year.

59-15

 (c) Payment for early intervention services for a child enrolled in early intervention shall

59-16

not be included in any lifetime or annual benefit cap.

59-17

 (d) Benefit plans offered by an insurer may impose copayments, coinsurance, and/or

59-18

deductibles for the benefits mandated by this chapter, however, in no instance shall the

59-19

copayment or deductible amount be greater than the copayment or deductible amount imposed for

59-20

other supplies, equipment or physician office visits. Reimbursement rates for benefits shall not

59-21

differ simply because the beneficiary is enrolled in early intervention.

59-22

 (e) Nothing contained in this section shall be deemed to apply to supplemental policies

59-23

which only provide coverage for specified diseases or other supplemental policies.

59-24

 27-18-63. Coverage for Children’s Intensive Services (CIS). -- Every individual or

59-25

group hospital or medical expense insurance policy or contract providing coverage for dependent

59-26

children, delivered or renewed in this state on or after the effective date of this act, shall include

59-27

coverage for children’s intensive services (CIS). Such coverage shall be limited to a benefit of

59-28

five thousand dollars ($5,000) per dependent child per policy or calendar year and shall be subject

59-29

to such deductibles and coinsurance factors no less favorable than for physical illness generally.

59-30

Any amount paid by an insurer under this section for a dependent child shall not be applied to any

59-31

annual or lifetime maximum benefit contained in the policy or contract.

59-32

For the purpose of this section, “children’s intensive services” shall mean a combination of

59-33

medically necessary services that are individualized to meet the treatment needs of the child and

59-34

the family. These services include psychiatric and psycho-therapeutic services (including

60-1

individual, family and group counseling), case management, and therapeutic recreational services

60-2

delivered primarily in a family and/or community setting. “Medically necessary services” shall

60-3

mean those services designed to help a child or youth attain or retain the capability to function

60-4

age appropriately within his or her environment and shall include services that enhance functional

60-5

ability. Any child between the ages of birth and twenty-one (21) may be eligible to receive CIS

60-6

if the child meets the criteria for serious emotional disturbance (SED) as defined in RIGL 42-72-5

60-7

(b)(24)(v), or CFR 34.700c(4) or has a mental health, emotional or behavioral diagnosis, under

60-8

the current edition of the Diagnostic and Statistical Manual, which has lasted for or can be

60-9

expected to last for at least one year, and is at risk for more restrictive placement, including, but

60-10

not limited to, psychiatric hospitalization, as a result of this condition.

60-11

SECTION 2. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service

60-12

Corporations" is hereby amended by adding thereto the following sections:

60-13

 27-18-53. Coverage for early intervention services.(a) Every individual or group

60-14

hospital or medical expense insurance policy or contract providing coverage for dependent

60-15

children, issued for delivery or renewal in this state on or after June 1, 2002, shall include

60-16

coverage for early intervention services for those individuals certified by the Department of

60-17

Health as eligible for services under Part C of the Individuals with Disabilities Education Act (20

60-18

USC Sec. 1431, et seq.) Provided further each such policy or contract consistent with Part C of

60-19

the Individuals with Disabilities Education Act ( 20 USC Sec. 1431, et seq.) may not exclude

60-20

early intervention services which are covered benefits in a health plan.

60-21

 (b) Early intervention services which are not covered benefits for all enrollees shall be

60-22

covered for children enrolled in early intervention up to five thousand dollars ($5,000) per year.

60-23

 (c) Payment for early intervention services for a child enrolled in early intervention shall

60-24

not be included in any lifetime or annual benefit cap.

60-25

 (d) Benefit plans offered by an insurer may impose copayments, coinsurance, and/or

60-26

deductibles for the benefits mandated by this chapter, however, in no instance shall the

60-27

copayment or deductible amount be greater than the copayment or deductible amount imposed for

60-28

other supplies, equipment or physician office visits. Reimbursement rates for benefits shall not

60-29

differ simply because the beneficiary is enrolled in early intervention.

60-30

 (e) Nothing contained in this section shall be deemed to apply to supplemental policies

60-31

which only provide coverage for specified diseases or other supplemental policies.

60-32

 27-19-54. Coverage for Children’s Intensive Services (CIS). -- Every individual or

60-33

group hospital or medical expense insurance policy or contract providing coverage for dependent

60-34

children, delivered or renewed in this state on or after the effective date of this act, shall include

61-1

coverage for children’s intensive services (CIS). Such coverage shall be limited to a benefit of

61-2

five thousand dollars ($5,000) per dependent child per policy or calendar year and shall be subject

61-3

to such deductibles and coinsurance factors no less favorable than for physical illness generally.

61-4

Any amount paid by an insurer under this section for a dependent child shall not be applied to any

61-5

annual or lifetime maximum benefit contained in the policy or contract.

61-6

For the purpose of this section, “children’s intensive services” shall mean a combination of

61-7

medically necessary services that are individualized to meet the treatment needs of the child and

61-8

the family. These services include psychiatric and psycho-therapeutic services (including

61-9

individual, family and group counseling), case management, and therapeutic recreational services

61-10

delivered primarily in a family and/or community setting. “Medically necessary services” shall

61-11

mean those services designed to help a child or youth attain or retain the capability to function

61-12

age appropriately within his or her environment and shall include services that enhance functional

61-13

ability. Any child between the ages of birth and twenty-one (21) may be eligible to receive CIS

61-14

if the child meets the criteria for serious emotional disturbance (SED) as defined in RIGL 42-72-5

61-15

(b)(24)(v), or CFR 34.700c(4) or has a mental health, emotional or behavioral diagnosis, under

61-16

the current edition of the Diagnostic and Statistical Manual, which has lasted for or can be

61-17

expected to last for at least one year, and is at risk for more restrictive placement, including, but

61-18

not limited to, psychiatric hospitalization, as a result of this condition.

61-19

SECTION 3. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service

61-20

Corporations" is hereby amended by adding thereto the following sections:

61-21

 27-18-48. Coverage for early intervention services.(a) Every individual or group

61-22

hospital or medical expense insurance policy or contract providing coverage for dependent

61-23

children, issued for delivery or renewal in this state on or after June 1, 2002, shall include

61-24

coverage for early intervention services for those individuals certified by the Department of

61-25

Health as eligible for services under Part C of the Individuals with Disabilities Education Act (20

61-26

USC Sec. 1431, et seq.) Provided further each such policy or contract consistent with Part C of

61-27

the Individuals with Disabilities Education Act ( 20 USC Sec. 1431, et seq.) may not exclude

61-28

early intervention services which are covered benefits in a health plan.

61-29

 (b) Early intervention services which are not covered benefits for all enrollees shall be

61-30

covered for children enrolled in early intervention up to five thousand dollars ($5,000) per year.

61-31

 (c) Payment for early intervention services for a child enrolled in early intervention shall

61-32

not be included in any lifetime or annual benefit cap.

61-33

 (d) Benefit plans offered by an insurer may impose copayments, coinsurance, and/or

61-34

deductibles for the benefits mandated by this chapter, however, in no instance shall the

62-1

copayment or deductible amount be greater than the copayment or deductible amount imposed for

62-2

other supplies, equipment or physician office visits. Reimbursement rates for benefits shall not

62-3

differ simply because the beneficiary is enrolled in early intervention.

62-4

 (e) Nothing contained in this section shall be deemed to apply to supplemental policies

62-5

which only provide coverage for specified diseases or other supplemental policies.

62-6

 27-20-49. Coverage for Children’s Intensive Services (CIS). -- Every individual or

62-7

group hospital or medical expense insurance policy or contract providing coverage for dependent

62-8

children, delivered or renewed in this state on or after the effective date of this act, shall include

62-9

coverage for children’s intensive services (CIS). Such coverage shall be limited to a benefit of

62-10

five thousand dollars ($5,000) per dependent child per policy or calendar year and shall be subject

62-11

to such deductibles and coinsurance factors no less favorable than for physical illness generally.

62-12

Any amount paid by an insurer under this section for a dependent child shall not be applied to any

62-13

annual or lifetime maximum benefit contained in the policy or contract.

62-14

For the purpose of this section, “children’s intensive services” shall mean a combination of

62-15

medically necessary services that are individualized to meet the treatment needs of the child and

62-16

the family. These services include psychiatric and psycho-therapeutic services (including

62-17

individual, family and group counseling), case management, and therapeutic recreational services

62-18

delivered primarily in a family and/or community setting. “Medically necessary services” shall

62-19

mean those services designed to help a child or youth attain or retain the capability to function

62-20

age appropriately within his or her environment and shall include services that enhance functional

62-21

ability. Any child between the ages of birth and twenty-one (21) may be eligible to receive CIS

62-22

if the child meets the criteria for serious emotional disturbance (SED) as defined in RIGL 42-72-5

62-23

(b)(24)(v), or CFR 34.700c(4) or has a mental health, emotional or behavioral diagnosis, under

62-24

the current edition of the Diagnostic and Statistical Manual, which has lasted for or can be

62-25

expected to last for at least one year, and is at risk for more restrictive placement, including, but

62-26

not limited to, psychiatric hospitalization, as a result of this condition.

62-27

SECTION 4. Chapter 27-41 of the General Laws entitled "Health Maintenance

62-28

Organizations" is hereby amended by adding thereto the following sections:

62-29

 27-18-65. Coverage for early intervention services.(a) Every individual or group

62-30

hospital or medical expense insurance policy or contract providing coverage for dependent

62-31

children, issued for delivery or renewal in this state on or after June 1, 2002, shall include

62-32

coverage for early intervention services for those individuals certified by the Department of

62-33

Health as eligible for services under Part C of the Individuals with Disabilities Education Act (20

62-34

USC Sec. 1431, et seq.) Provided further each such policy or contract consistent with Part C of

63-1

the Individuals with Disabilities Education Act ( 20 USC Sec. 1431, et seq.) may not exclude

63-2

early intervention services which are covered benefits in a health plan.

63-3

 (b) Early intervention services which are not covered benefits for all enrollees shall be

63-4

covered for children enrolled in early intervention up to five thousand dollars ($5,000) per year.

63-5

 (c) Payment for early intervention services for a child enrolled in early intervention shall

63-6

not be included in any lifetime or annual benefit cap.

63-7

 (d) Benefit plans offered by an insurer may impose copayments, coinsurance, and/or

63-8

deductibles for the benefits mandated by this chapter, however, in no instance shall the

63-9

copayment or deductible amount be greater than the copayment or deductible amount imposed for

63-10

other supplies, equipment or physician office visits. Reimbursement rates for benefits shall not

63-11

differ simply because the beneficiary is enrolled in early intervention.

63-12

 (e) Nothing contained in this section shall be deemed to apply to supplemental policies

63-13

which only provide coverage for specified diseases or other supplemental policies.

63-14

 27-41-66. Coverage for Children’s Intensive Services (CIS). -- Every individual or

63-15

group hospital or medical expense insurance policy or contract providing coverage for dependent

63-16

children, delivered or renewed in this state on or after the effective date of this act, shall include

63-17

coverage for children’s intensive services (CIS). Such coverage shall be limited to a benefit of

63-18

five thousand dollars ($5,000) per dependent child per policy or calendar year and shall be subject

63-19

to such deductibles and coinsurance factors no less favorable than for physical illness generally.

63-20

Any amount paid by an insurer under this section for a dependent child shall not be applied to any

63-21

annual or lifetime maximum benefit contained in the policy or contract.

63-22

For the purpose of this section, “children’s intensive services” shall mean a combination of

63-23

medically necessary services that are individualized to meet the treatment needs of the child and

63-24

the family. These services include psychiatric and psycho-therapeutic services (including

63-25

individual, family and group counseling), case management, and therapeutic recreational services

63-26

delivered primarily in a family and/or community setting. “Medically necessary services” shall

63-27

mean those services designed to help a child or youth attain or retain the capability to function

63-28

age appropriately within his or her environment and shall include services that enhance functional

63-29

ability. Any child between the ages of birth and twenty-one (21) may be eligible to receive CIS

63-30

if the child meets the criteria for serious emotional disturbance (SED) as defined in RIGL 42-72-5

63-31

(b)(24)(v), or CFR 34.700c(4) or has a mental health, emotional or behavioral diagnosis, under

63-32

the current edition of the Diagnostic and Statistical Manual, which has lasted for or can be

63-33

expected to last for at least one year, and is at risk for more restrictive placement, including, but

63-34

not limited to, psychiatric hospitalization, as a result of this condition.

64-1

SECTION 5. This article shall take effect upon passage.

65-1

ARTICLE 12

65-2

RELATING TO EFFECTIVE DATE

65-3

This act shall take effect upon passage, except as otherwise provided herein.

 

 

 

 

 

 

 

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LC00694/SUB A

 

=======

 

 

 

EXPLANATION

 

BY THE LEGISLATIVE COUNCIL

 

OF

 

AN ACT

 

MAKING REVISED APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE

 

FISCAL YEAR ENDING JUNE 30, 2002

 

***

 

 

66-1

Explanation of Articles

66-2

ARTICLE 1

66-3

MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2002

66-4

This article revises appropriations for state fiscal year 2002 for general revenues, federal

66-5

funds, restricted receipts, and other funds. This article also amends FTE authorizations for fiscal

66-6

year 2002; reappropriate all unexpended Pirovano Trust balances in the Department of Mental

66-7

Health, Retardation, and Hospitals to fiscal year 2003; and withdraw Rhode Island Capital Plan

66-8

Fund monies for projects that are completed.

66-9

ARTICLE 2

66-10

RELATING TO MOTOR VEHICLE EXCISE TAX REIMBURSEMENTS

66-11

This article would amend the Motor Vehicle and Trailer Excise Tax Elimination Act of

66-12

1998 by providing for state reimbursement to municipalities of the Motor Vehicle Tax by

66-13

modifying the exemption levels.

66-14

ARTICLE 3

66-15

RELATING TO LICENSING OF HEALTH CARE FACILITIES

66-16

This article would increase the licensing fees paid by hospitals and assisted living

66-17

facilities in Rhode Island.

66-18

ARTICLE 4

66-19

RELATING TO CERTIFICATION OF HEALTH PLANS

66-20

This article would allow the Department of Health to charge health care insurers for the

66-21

costs associated with consumer disclosure activities.

66-22

ARTICLE 5

66-23

RELATING TO REVENUE ESTIMATES AND BUDGET SUBMISSION

66-24

This article would require that the governor submit a budget to the general assembly on

66-25

or before the second Tuesday in January in each year and would require the revenue estimating

66-26

and caseload estimating conferences to meet in April of each year rather than May.

67-1

ARTICLE 6

67-2

RELATING TO INSURANCE

67-3

This article increases insurance fees in the Department of Business Regulation for one

67-4

year from the period July 1, 2002 through June 30, 2003. The article specifies that the additional

67-5

revenues generated from the fee increase shall be used in FY 2003 to implement the federal

67-6

Gramm-Leach-Bliley Act.

67-7

ARTICLE 7

67-8

RELATING TO CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS

67-9

This article would create the Tobacco Settlement Financing Corporation Act.

67-10

ARTICLE 8

67-11

Deleted

67-12

ARTICLE 9

67-13

RELATING TO SINKING FUND

67-14

This article transfers $517,189 from the Sinking Fund to the General Fund in FY 2002,

67-15

reflecting balances available from prior years and new proceeds in FY 2002; directs investment

67-16

earnings on bond proceeds to the General Fund rather than the Sinking Fund in FY 2003; directs

67-17

other proceeds to the General Fund in FY 2003; and increases the amount of DEPCO proceeds

67-18

directed to the General Fund from the $42,200,000 amount specified in statute to any and all

67-19

proceeds received to be directed to the General Fund.

67-20

ARTICLE 10

67-21

RELATING TO TAXATION – INSURANCE COMPANIES

67-22

This article provides that surplus lines brokers shall be subject to the three percent gross

67-23

premium tax even if surplus lines brokers procure insurance from unauthorized and unapproved

67-24

insurance carriers. This article eliminates net operating loss carrybacks under the personal income

67-25

tax law. This act would take effect upon passage and apply to losses incurred for taxable years

67-26

beginning on or after January 1, 2002.

67-27

ARTICLE 11

67-28

RELATING TO EMPLOYMENT SECURITY

67-29

This article requires that in FY 2002 and FY 2003 the Job Development Fund shall

67-30

provide $2.0 million per year to finance the activities of the Department of Labor and Training

67-31

in support of the Department of Human Services Rapid Job Entry program. It further provides for

67-32

an enrollment of 800 clients per year, as referred by the Department of Human Services.

67-33

ARTICLE 12

67-34

RELATING TO HEALTH INSURANCE PROVIDERS

68-1

This article would require insurers providing coverage for dependent children, delivered

68-2

or renewed in Rhode Island after the effective date of this act, to include coverage for medically

68-3

necessary early intervention services and children’s intensive services. This coverage would be

68-4

limited to a benefit of $5,000 per calendar or policy year.

68-5

ARTICLE 13

68-6

Now Article 8

68-7

ARTICLE 14

68-8

RELATING TO RETIREE MEDICAL INSURANCE BENEFITS

68-9

This article would amend section 36-12-4 relating to medical insurance coverage for

68-10

retired employees by requiring retirees to purchase insurance at the group rate for retired

68-11

employees, as opposed to the rate for active employees.

68-12

ARTICLE 15

68-13

Now part of Article 10

68-14

ARTICLE 13

68-15

RELATING TO EFFECTIVE DATE

68-16

This article states the effective date of the act and the articles within the act.

 

 

 

 

 

 

 

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LC00694/SUB A

 

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