H7323

	2012 -- H 7323
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	LC01059
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	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2012

	____________


	A N A C T
	RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR
	THE FISCAL YEAR ENDING JUNE 30, 2013


	Introduced By: Representative Helio Melo

	Date Introduced: February 01, 2012

	Referred To: House Finance




	It is enacted by the General Assembly as follows:

1-1	ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY
1-2	2013
1-3	ARTICLE 2 RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS
1-4	FROM TAXES
1-5	ARTICLE 3 RELATING TO RHODE ISLAND PUBLIC
1-6	TELECOMMUNICATIONS AUTHORITY
1-7	ARTICLE 4 RELATING TO GOVERNMENT ORGANIZATION
1-8	ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM
1-9	ARTICLE 6 RELATING TO BOND PREMIUMS
1-10	ARTICLE 7 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
1-11	ARTICLE 8 RELATING TO INFORMATION TECHNOLOGY INVESTMENT
1-12	FUND
1-13	ARTICLE 9 RELATING TO DEPARTMENT OF HEALTH FEES
1-14	ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN
1-15	SUPPORT OF FY 2012
1-16	ARTICLE 11 RELATING TO STATE RETIREMENT CONTRIBUTIONS
1-17	ARTICLE 12 RELATING TO EDUCATION AID
1-18	ARTICLE 13 RELATING TO PUBLIC OFFICERS AND EMPLOYEES
2-19	ARTICLE 14 RELATING TO RESTRICTED RECEIPT ACCOUNTS
2-20	ARTICLE 15 RELATING TO HOSPITAL UNCOMPENSATED CARE
2-21	ARTICLE 16 RELATING POLICE OFFICERS AND FIREFIGHTERS RELIEF
2-22	BENEFITS
2-23	ARTICLE 17 RELATING TO MEDICAL ASSISTANCE – DENTAL BENEFITS
2-24	ARTICLE 18 RELATING TO OFFICE OF HEALTH AND HUMANS SERVICES
2-25	ARTICLE 19 RELATING TO RHODE ISLAND VETERANS’ HOME
2-26	ARTICLE 20 RELATING TO EAST BAY BRIDGE SYSTEM
2-27	ARTICLE 21 RELATING TO ABUSED AND NEGLECTED CHILDREN
2-28	ARTICLE 22 RELATING TO DEPARTMENT OF CORRECTIONS
2-29	ARTICLE 23 RELATING TO COMPENSATION OF BOARD MEMBERS
2-30	ARTICLE 24 RELATING TO TAXATION AND REVENUES
2-31	ARTICLE 25 RELATING TO DIVISION OF MOTOR VEHICLES
2-32	ARTICLE 26 RELATING TO MUNICIPALITIES
2-33	ARTICLE 27 RELATING TO HISTORIC PRESERVATION TAX CREDIT TRUST
2-34	FUND
2-35	ARTICLE 28 RELATING TO CENTRAL FALLS
2-36	ARTICLE 29 RELATING TO MUNICIPAL POLICE TRAINING ACADEMY
2-37	ARTICLE 30 RELATING TO DEPARTMENT OF ENVIRONMENTAL
2-38	MANAGEMENT
2-39	ARTICLE 31 RELATING TO MEDICAID REFORM ACT OF 2008
2-40	ARTICLE 32 RELATING TO MEDICAL ASSISTANCE RECOVERIES
2-41	ARTICLE 33 RELATING TO HOLIDAYS
2-42	ARTICLE 34 RELATING TO EFFECTIVE DATE

2-44	ARTICLE 1
3-1	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2013
3-2	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
3-3	in this act, the following general revenue amounts are hereby appropriated out of any money in
3-4	the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
3-5	2013. The amounts identified for federal funds and restricted receipts shall be made available
3-6	pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the
3-7	purposes and functions hereinafter mentioned, the state controller is hereby authorized and
3-8	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
3-9	portions thereof as may be required from time to time upon receipt by him or her of properly
3-10	authenticated vouchers.
3-11	Administration
3-12	Central Management
3-13	General Revenues 2,022,523
3-14	Total - Central Management 2,022,523
3-15	Legal Services
3-16	General Revenue 2,006,995
3-17	Total - Legal Services 2,066,995
3-18	Accounts and Control
3-19	General Revenues 3,815,349
3-20	Total – Accounts and Control 3,815,349
3-21	Office of Management and Budget
3-22	General Revenues 3,004,055
3-23	Restricted Receipts 411,460
3-24	Total – Office of Management and Budget 3,415,515
3-25	Purchasing
3-26	General Revenues 2,441,468
3-27	Federal Funds 76,297
3-28	Other Funds 320,614
3-29	Total – Purchasing 2,838,379
3-30	Human Resources
3-31	General Revenues 8,369,425
3-32	Federal Funds 833,539
3-33	Restricted Receipts 466,875
4-34	Other Funds 1,365,953
4-35	Total - Human Resources 11,035,792
4-36	Personnel Appeal Board
4-37	General Revenues 34,932
4-38	Total – Personnel Appeal Board 34,932
4-39	Facilities Management
4-40	General Revenues 32,690,324
4-41	Federal Funds 1,069,511
4-42	Restricted Receipts 609,814
4-43	Other Funds 3,324,920
4-44	Total – Facilities Management 37,694,569
4-45	Capital Projects and Property Management
4-46	General Revenues 2,184,943
4-47	Restricted Receipts 1,411,631
4-48	Total – Capital Projects and Property Management 3,596,574
4-49	Information Technology
4-50	General Revenues 20,213,175
4-51	Federal Funds 6,174,413
4-52	Restricted Receipts 7,402,483
4-53	Other Funds 2,092,578
4-54	Total – Information Technology 35,882,649
4-55	Library and Information Services
4-56	General Revenues 933,989
4-57	Federal Funds 1,377,471
4-58	Restricted Receipts 1,895
4-59	Total - Library and Information Services 2,313,355
4-60	Planning
4-61	General Revenues 3,960,126
4-62	Federal Funds 8,775,712
4-63	Other Funds 4,990,363
4-64	Total - Planning 17,726,201
4-65	General
4-66	General Revenues
4-67	Economic Development Corporation 4,871,658
5-68	EDC – Airport Impact Aid 1,025,000
5-69	Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
5-70	distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
5-71	the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
5-72	(40%) of the first $1,000,000 shall be distributed based on the share of landings during the
5-73	calendar year 2012 at North Central Airport, and Westerly Airport, respectively. The Economic
5-74	Development Corporation shall make an impact payment to the towns of cities in which the
5-75	airport is located based on this calculation.
5-76	Each community upon which any parts of the above airports are located shall receive at
5-77	least $25,000.
5-78	EDC – EPScore (Research Alliance) 1,150,000
5-79	Miscellaneous Grants 276,838
5-80	Slater Centers of Excellence 1,500,000
5-81	Torts – Courts 400,000
5-82	State Employees/Teachers Retiree Health Subsidy 2,321,057
5-83	Resource Sharing and State Library Aid 8,773,398
5-84	Library Construction Aid 2,471,714
5-85	General Revenue Total 22,789,665
5-86	Federal Funds 4,345,555
5-87	Restricted Receipts 421,500
5-88	Other Funds
5-89	Rhode Island Capital Plan Funds
5-90	Statehouse Renovations 3,000,000
5-91	Cranston Street Armory 800,000
5-92	Cannon Building 220,000
5-93	Zambarano Building Rehabilitation 1,200,000
5-94	Pastore Medical Center Rehab DOA 1,600,000
5-95	Old State House 500,000
5-96	State Office Building 1,250,000
5-97	Old Colony House 300,000
5-98	William Powers Building 700,000
5-99	Fire Code Compliance State Buildings 250,000
5-100	Pastore Center Fire Code Compliance 1,100,000
5-101	Pastore Center Utility Systems Upgrade 2,000,000
6-102	Replacement of Fueling Tanks 300,000
6-103	Environmental Compliance 200,000
6-104	Big River Management Area 120,000
6-105	Pastore Center Building Demolition 2,500,000
6-106	Washington County Government Center 500,000
6-107	Veterans Memorial Auditorium 4,000,000
6-108	Chapin Health Laboratory 1,500,000
6-109	Pastore Center Parking 1,000,000
6-110	Pastore Center Water Tanks 500,000
6-111	Board of Elections New Location 4,400,000
6-112	Building 79 Stabilization 2,200,000
6-113	Station Park 200,000
6-114	Renovate Building #81 150,000
6-115	Administrative Costs 608,515
6-116	Pastore Cottages Rehabilitation 100,000
6-117	Other Funds Total 31,198,515
6-118	Total – General 58,755,235
6-119	Debt Service Payments
6-120	General Revenues 152,559,567
6-121	Federal Funds 2,759,328
6-122	Restricted Receipts 4,454,480
6-123	Other Funds
6-124	RIPTA Debt Service 1,680,844
6-125	Transportation Debt Service 42,317,954
6-126	Investment Receipts – Bond Funds 100,000
6-127	COPS - DLT Building – TDI 278,848
6-128	Other Funds Total 44,377,646
6-129	Total - Debt Service Payments 204,151,021
6-130	Energy Resources
6-131	Federal Funds
6-132	Federal Funds 318,349
6-133	Federal Funds – Stimulus 163,065
6-134	Federal Funds Total 481,414
6-135	Restricted Receipts 12,366,791
7-136	Total – Energy Resources 12,848,205
7-137	Grand Total – General Revenue Funds 257,026,536
7-138	Grand Total – Administration 398,137,294
7-139	Business Regulation
7-140	Central Management
7-141	General Revenues 1,145,060
7-142	Other Funds
7-143	Rhode Island Capital Plan Funds
7-144	DBR Break Room Conversion to Conference Room 16,545
7-145	Other Funds Total 16,545
7-146	Total - Central Management 1,161,605
7-147	Banking Regulation
7-148	General Revenues 1,737,766
7-149	Restricted Receipts 125,000
7-150	Total - Banking Regulation 1,862,766
7-151	Securities Regulation
7-152	General Revenues 1,068,375
7-153	Restricted Receipts 15,000
7-154	Total - Securities Regulation 1,083,375
7-155	Insurance Regulation
7-156	General Revenues 4,066,525
7-157	Restricted Receipts 1,300,336
7-158	Total - Insurance Regulation 5,366,861
7-159	Office of the Health Commissioner
7-160	General Revenues 542,929
7-161	Federal Funds 2,514,487
7-162	Restricted Receipts 10,500
7-163	Total – Office of the Health Commissioner 3,067,916
7-164	Board of Accountancy
7-165	General Revenues 82,483
7-166	Total - Board of Accountancy 82,483
7-167	Commercial Licensing, Racing & Athletics
7-168	General Revenues 719,111
7-169	Restricted Receipts 515,037
8-170	Total - Commercial Licensing, Racing & Athletics 1,234,148
8-171	Board for Design Professionals
8-172	General Revenues 249,799
8-173	Total – Board for Design Professionals 249,799
8-174	Grand Total – General Revenue Funds 9,612,048
8-175	Grand Total - Business Regulation 14,108,953
8-176	Labor and Training
8-177	Central Management
8-178	General Revenues 107,310
8-179	Restricted Receipts 361,238
8-180	Other Funds
8-181	Rhode Island Capital Plan Funds
8-182	Center General Asset Protection 310,500
8-183	Other Funds Total 310,500
8-184	Total - Central Management 779,048
8-185	Workforce Development Services
8-186	Federal Funds 22,590,725
8-187	Restricted Receipts 7,126,139
8-188	Total - Workforce Development Services 29,716,864
8-189	Workforce Regulation and Safety
8-190	General Revenues 2,994,552
8-191	Total - Workforce Regulation and Safety 2,994,552
8-192	Income Support
8-193	General Revenues 4,246,368
8-194	Federal Funds
8-195	Federal Funds 13,045,349
8-196	Federal Funds – Stimulus - UI 7,885,000
8-197	Federal Funds Total 20,930,349
8-198	Restricted Receipts
8-199	Restricted Receipts 1,490,000
8-200	Job Development Fund 18,572,493
8-201	Restricted Receipts Total 20,062,493
8-202	Other Funds
8-203	Temporary Disability Insurance Fund 182,105,976
9-204	Employment Security Fund 282,151,493
9-205	Other Funds Total 464,257,469
9-206	Total - Income Support 509,496,679
9-207	Injured Workers Services
9-208	Restricted Receipts 9,151,106
9-209	Total - Injured Workers Services 9,151,106
9-210	Labor Relations Board
9-211	General Revenues 292,185
9-212	Total – Labor Relations Board 292,185
9-213	Grand Total – General Revenue Funds 7,640,415
9-214	Grand Total - Labor and Training 552,430,434
9-215	Department of Revenue
9-216	Director of Revenue
9-217	General Revenues 783,388
9-218	Total - Director of Revenue 783,388
9-219	Office of Revenue Analysis
9-220	General Revenues 538,285
9-221	Total - Office of Revenue Analysis 538,285
9-222	Lottery Division
9-223	Other Funds
9-224	Lottery Funds 232,744,968
9-225	Other Funds Total 232,744,968
9-226	Total - Lottery Division 232,744,968
9-227	Municipal Finance
9-228	General Revenue 2,064,780
9-229	Total – Municipal Finance 2,064,780
9-230	Taxation
9-231	General Revenues 17,904,225
9-232	Federal Funds 1,435,279
9-233	Restricted Receipts 949,422
9-234	Other Funds
9-235	Motor Fuel Tax Evasion 43,382
9-236	Temporary Disability Insurance 975,730
9-237	Other Funds Total 1,019,112
10-238	Total – Taxation 21,308,038
10-239	Registry of Motor Vehicles
10-240	General Revenues 18,625,175
10-241	Federal Funds 1,128,630
10-242	Restricted Receipts 14,763
10-243	Other Funds
10-244	Rhode Island Capital Plan Funds
10-245	Safety & Emissions Lift Replacement 100,000
10-246	Other Funds Total 100,000
10-247	Total – Registry of Motor Vehicles 19,868,568
10-248	State Aid
10-249	General Revenue 55,075,899
10-250	Restricted Receipts 957,497
10-251	Total – State Aid 56,033,396
10-252	Grand Total – General Revenue Funds 94,991,752
10-253	Grand Total – Revenue 333,341,423
10-254	Legislature
10-255	General Revenues 38,764,516
10-256	Restricted Receipts 1,760,031
10-257	Grand Total – Legislature 40,524,547
10-258	Lieutenant Governor
10-259	General Revenues 962,955
10-260	Federal Funds 141,063
10-261	Grand Total - Lieutenant Governor 1,104,018
10-262	Secretary of State
10-263	Administration
10-264	General Revenues 2,007,105
10-265	Total - Administration 2,007,105
10-266	Corporations
10-267	General Revenues 2,068,731
10-268	Total - Corporations 2,068,731
10-269	State Archives
10-270	General Revenues 79,385
10-271	Restricted Receipts 535,983
11-272	Total - State Archives 615,368
11-273	Elections & Civics
11-274	General Revenues 2,000,552
11-275	Total – Elections and Civics 2,000,552
11-276	State Library
11-277	General Revenues 565,216
11-278	Total - State Library 565,216
11-279	Office of Public Information
11-280	General Revenues 358,884
11-281	Total – Office of Public Information 358,884
11-282	Grand Total – General Revenue Funds 7,079,873
11-283	Grand Total – Secretary of State 7,615,856
11-284	General Treasurer
11-285	Treasury
11-286	General Revenues 2,096,374
11-287	Federal Funds 342,587
11-288	Other Funds
11-289	Temporary Disability Insurance Fund 271,812
11-290	Other Funds Total 271,812
11-291	Total – Treasury 2,710,773
11-292	State Retirement System
11-293	Restricted Receipts
11-294	Admin Expenses - State Retirement System 10,789,115
11-295	Retirement - Treasury Investment Operations 1,233,160
11-296	Defined Contribution – Administration 570,598
11-297	Restricted Receipts Total 12,592,873
11-298	Total - State Retirement System 12,592,873
11-299	Unclaimed Property
11-300	Restricted Receipts 20,182,611
11-301	Total - Unclaimed Property 20,182,611
11-302	Crime Victim Compensation Program
11-303	General Revenues 133,981
11-304	Federal Funds 844,029
11-305	Restricted Receipts 1,169,331
12-306	Total - Crime Victim Compensation Program 2,147,341
12-307	Grand Total – General Revenue Funds 2,230,355
12-308	Grand Total – General Treasurer 37,633,598
12-309	Board of Elections
12-310	General Revenues 1,944,116
12-311	Grand Total - Board of Elections 1,944,116
12-312	Rhode Island Ethics Commission
12-313	General Revenues 1,557,881
12-314	Grand Total - Rhode Island Ethics Commission 1,557,881
12-315	Office of Governor
12-316	General Revenues
12-317	General Revenues 4,168,290
12-318	Contingency Fund 250,000
12-319	General Revenue Total 4,418,290
12-320	Federal Funds 1,097,141
12-321	Grand Total – Office of Governor 5,515,431
12-322	Commission for Human Rights
12-323	General Revenues 1,161,717
12-324	Federal Funds 325,992
12-325	Grand Total - Commission for Human Rights 1,487,709
12-326	Public Utilities Commission
12-327	Federal Funds
12-328	Federal Funds 118,669
12-329	Federal Funds – Stimulus 230,498
12-330	Federal Funds Total 349,167
12-331	Restricted Receipts 8,384,648
12-332	Grand Total - Public Utilities Commission 8,733,815
12-333	Office of Health and Human Services
12-334	Central Management
12-335	General Revenue 22,408,631
12-336	Federal Funds
12-337	Federal Funds 61,904,865
12-338	Federal Funds – Stimulus 312,000
12-339	Federal Funds Total 62,216,865
13-340	Restricted Receipts 957,586
13-341	Total – Central Management 85,583,082
13-342	Medical Assistance
13-343	General Revenue
13-344	Managed Care 290,837,603
13-345	Hospitals 110,168,609
13-346	Nursing Facilities 167,636,600
13-347	Home and Community Based Services 36,735,341
13-348	Other Services 42,731,590
13-349	Pharmacy 53,814,160
13-350	Rhody Health 99,362,982
13-351	General Revenue Total 801,286,885
13-352	Federal Funds
13-353	Managed Care 321,225,535
13-354	Hospitals 118,546,704
13-355	Nursing Facilities 177,863,400
13-356	Home and Community Based Services 41,014,014
13-357	Other Services 60,094,754
13-358	Pharmacy 2,985,840
13-359	Rhody Health 105,424,698
13-360	Special Education 18,350,000
13-361	Federal Funds Total 845,504,945
13-362	Restricted Receipts 11,133,995
13-363	Total – Medical Assistance 1,657,925,825
13-364	Grand Total – General Revenue Funds 823,695,516
13-365	Grand Total – Health and Human Services 1,743,508,907
13-366	Children, Youth, and Families
13-367	Central Management
13-368	General Revenues 4,224,549
13-369	Federal Funds 2,497,956
13-370	Restricted Receipts 204,094
13-371	Total - Central Management 6,926,599
13-372	Children's Behavioral Health Services
13-373	General Revenues 10,077,912
14-374	Federal Funds 7,573,068
14-375	Other Funds
14-376	Rhode Island Capital Plan Funds
14-377	NAFI Center 500,000
14-378	Mt. Hope Building Facade 275,000
14-379	Various Repairs and Improvements 195,000
14-380	86 Mt. Hope Avenue 50,000
14-381	Other Funds Total 1,020,000
14-382	Total - Children's Behavioral Health Services 18,670,980
14-383	Juvenile Correctional Services
14-384	General Revenue 30,164,550
14-385	Federal Funds
14-386	Federal Funds 1,268,825
14-387	Federal Funds – Stimulus 21,914
14-388	Federal Funds Total 1,290,739
14-389	Other Funds
14-390	Rhode Island Capital Plan Funds
14-391	Thomas C. Slater Training School Maintenance Building 535,000
14-392	Generators – Thomas C. Slater Training School 441,000
14-393	Other Funds Total 976,000
14-394	Total - Juvenile Correctional Services 32,431,289
14-395	Child Welfare
14-396	General Revenues
14-397	General Revenue 10,255,227
14-398	18 to 21 Year Olds 92,007,393
14-399	General Revenue Total 102,262,620
14-400	Federal Funds
14-401	Federal Funds 44,846,647
14-402	18 to 21 Year Olds 2,497,984
14-403	Federal Funds Total 47,344,631
14-404	Restricted Receipts 2,621,159
14-405	Other Funds
14-406	Rhode Island Capital Plan Funds
14-407	Fire Code Upgrades 1,000,000
15-408	Other Funds Total 1,000,000
15-409	Total - Child Welfare 153,228,410
15-410	Higher Education Incentive Grants
15-411	General Revenues 200,000
15-412	Total – Higher Education Incentive Grants 200,000
15-413	Grand Total – General Revenue Funds 146,929,631
15-414	Grand Total - Children, Youth, and Families 211,457,278
15-415	Health
15-416	Central Management
15-417	General Revenues 1,176,370
15-418	Federal Funds 8,547,673
15-419	Restricted Receipts 3,370,469
15-420	Total - Central Management 13,094,512
15-421	State Medical Examiner
15-422	General Revenues 2,409,943
15-423	Federal Funds 210,765
15-424	Total - State Medical Examiner 2,620,708
15-425	Environmental and Health Services Regulation
15-426	General Revenues 9,398,755
15-427	Federal Funds 5,902,339
15-428	Restricted Receipts 4,372,431
15-429	Total - Environmental and Health Services Regulation 19,673,525
15-430	Health Laboratories
15-431	General Revenues 5,599,964
15-432	Federal Funds
15-433	Federal Funds 1,370,528
15-434	Federal Funds - Stimulus 207,065
15-435	Federal Funds Total 1,577,593
15-436	Total - Health Laboratories 7,177,557
15-437	Public Health Information
15-438	General Revenues 1,741,431
15-439	Federal Funds
15-440	Federal Funds 775,231
15-441	Federal Funds - Stimulus 382,095
16-442	Federal Funds Total 1,157,326
16-443	Total – Public Health Information 2,898,757
16-444	Community and Family Health and Equity
16-445	General Revenues 2,418,974
16-446	Federal Funds
16-447	Federal Funds 44,036,172
16-448	Federal Funds - Stimulus 844,268
16-449	Federal Funds Total 44,880,440
16-450	Restricted Receipts 21,483,877
16-451	Other Funds
16-452	Safe And Active Commuting 172,000
16-453	Other Funds Total 172,000
16-454	Total – Community and Family Health and Equity 68,955,291
16-455	Infectious Disease and Epidemiology
16-456	General Revenues 1,758,403
16-457	Federal Funds
16-458	Federal Funds 3,381,047
16-459	Federal Funds – Stimulus 40,003
16-460	Federal Funds Total 3,421,050
16-461	Total – Infectious Disease and Epidemiology 5,179,453
16-462	Grand Total – General Revenue 24,503,840
16-463	Grand Total – Health 119,599,803
16-464	Human Services
16-465	Central Management
16-466	General Revenues 5,204,015
16-467	Federal Funds 5,333,616
16-468	Restricted Receipts 519,347
16-469	Total - Central Management 11,056,978
16-470	Child Support Enforcement
16-471	General Revenues 2,315,247
16-472	Federal Funds 6,215,808
16-473	Total – Child Support Enforcement 8,531,055
16-474	Individual and Family Support
16-475	General Revenues 23,170,788
17-476	Federal Funds
17-477	Federal Funds 116,682,101
17-478	Federal Funds – Stimulus 7,066,062
17-479	Federal Funds Total 123,748,163
17-480	Restricted Receipts 180,000
17-481	Other Funds
17-482	Rhode Island Capital Plan Fund
17-483	Blind Vending Facilities 165,000
17-484	Intermodal Surface Transportation Fund 4,224,184
17-485	Other Funds Total 4,389,184
17-486	Total - Individual and Family Support 151,488,135
17-487	Veterans' Affairs
17-488	General Revenues 19,879,830
17-489	Federal Funds 7,707,781
17-490	Restricted Receipts 1,077,762
17-491	Total - Veterans' Affairs 28,665,373
17-492	Health Care Quality, Financing and Purchasing
17-493	General Revenues 8,314,370
17-494	Federal Funds 9,523,746
17-495	Total - Health Care Quality, Financing & Purchasing 17,838,116
17-496	Supplemental Security Income Program
17-497	General Revenues 18,622,000
17-498	Total – Supplemental Security Income Program 18,622,000
17-499	Rhode Island Works
17-500	General Revenues
17-501	Child Care 9,392,481
17-502	General Revenue Total 9,392,481
17-503	Federal Funds 80,816,569
17-504	Total – Rhode Island Works 90,209,050
17-505	State Funded Programs
17-506	General Revenues
17-507	General Public Assistance 2,541,960
17-508	Of this appropriation, $210,000 shall be used for hardship contingency payments.
17-509	General Revenue Total 2,541,960
18-510	Federal Funds 299,204,062
18-511	Total - State Funded Programs 301,746,022
18-512	Elderly Affairs
18-513	General Revenues
18-514	General Revenue 10,165,749
18-515	RIPAE 174,000
18-516	Care and Safety of the Elderly 1,287
18-517	General Revenue Total 10,341,036
18-518	Federal Funds 18,028,865
18-519	Restricted Receipts 572,091
18-520	Total – Elderly Affairs 28,941,992
18-521	Grand Total General Revenue 99,781,727
18-522	Grand Total - Human Services 657,098,721
18-523	Behavioral Health, Developmental Disabilities, and Hospitals
18-524	Central Management
18-525	General Revenues 797,214
18-526	Federal Funds 361,940
18-527	Total - Central Management 1,159,154
18-528	Hospital and Community System Support
18-529	General Revenues 2,527,114
18-530	Restricted Receipts 505,624
18-531	Other Funds
18-532	Rhode Island Capital Plan Funds
18-533	Medical Center Rehabilitation 1,000,000
18-534	Community Facilities Fire Code 750,000
18-535	Other Funds Total 1,750,000
18-536	Total - Hospital and Community System Support 4,782,738
18-537	Services for the Developmentally Disabled
18-538	General Revenues 100,536,726
18-539	Federal Funds 111,426,257
18-540	Restricted Receipts 1,776,017
18-541	Other Funds
18-542	Rhode Island Capital Plan Funds
18-543	DD Private Waiver 61,351
19-544	Regional Center Repair/Rehabilitation 750,000
19-545	MR Community Facilities/Access to Independence 1,000,000
19-546	Other Funds Total 2,511,351
19-547	Total - Services for the Developmentally Disabled 216,250,351
19-548	Behavioral Healthcare Services
19-549	General Revenues 34,886,857
19-550	Federal Funds
19-551	Federal Funds 74,545,660
19-552	Federal Funds – Stimulus 35,000
19-553	Federal Funds Total 74,580,660
19-554	Restricted Receipts 125,000
19-555	Other Funds
19-556	Rhode Island Capital Plan Funds
19-557	MH Community Facilities Repair 300,000
19-558	MH Housing Development-Thresholds 800,000
19-559	MH Residence Furniture 32,000
19-560	Substance Abuse Asset Production 300,000
19-561	Other Funds Total 1,432,000
19-562	Total – Behavioral Healthcare Services 111,024,517
19-563	Hospital and Community Rehabilitative Services
19-564	General Revenues 50,561,279
19-565	Federal Funds 47,566,291
19-566	Restricted Receipts 4,782,193
19-567	Other Funds
19-568	Rhode Island Capital Plan Funds
19-569	Zambarano Buildings and Utilities 725,000
19-570	Hospital Consolidation 5,500,000
19-571	Eleanor Slater HVAC/Elevators 2,000,000
19-572	MR Community Facilities 1,300,000
19-573	Other Funds Total 9,525,000
19-574	Total - Hospital and Community Rehabilitative Services 112,434,763
19-575	Grand Total – General Revenue 189,309,190
19-576	Grand Total – Behavioral Hlth, Developmental Disabilities, & Hospitals 445,651,523
19-577	Office of the Child Advocate
20-578	General Revenues 611,469
20-579	Federal Funds 50,034
20-580	Grand Total – Office of the Child Advocate 661,503
20-581	Commission on the Deaf and Hard of Hearing
20-582	General Revenues 390,251
20-583	Grand Total – Com on Deaf and Hard of Hearing 390,251
20-584	Governor's Commission on Disabilities
20-585	General Revenues 371,096
20-586	Federal Funds 125,502
20-587	Restricted Receipts 9,694
20-588	Other Funds
20-589	Rhode Island Capital Plan Funds
20-590	Facility Renovation – Handicapped Access 250,000
20-591	Other Funds Total
20-592	Grand Total - Governor's Commission on Disabilities 756,292
20-593	Office of the Mental Health Advocate
20-594	General Revenues 447,119
20-595	Grand Total – Office of the Mental Health Advocate 447,119
20-596	Elementary and Secondary Education
20-597	Administration of the Comprehensive Education Strategy
20-598	General Revenues 18,789,182
20-599	Federal Funds
20-600	Federal Funds 191,123,178
20-601	Federal Funds – Stimulus 19,260,394
20-602	Education Jobs Fund 2,398,375
20-603	RTTT LEA Share 15,534,615
20-604	Federal Funds Total 228,316,562
20-605	Restricted Receipts
20-606	Restricted Receipts 1,305,190
20-607	HRIC Adult Education Grants 3,500,000
20-608	Restricted Receipts Total 4,805,190
20-609	Other Funds
20-610	Statewide Transportation – RIPTA Grant 47,000
20-611	Rhode Island Capital Plan Funds
21-612	Cranston Career and Technical 350,000
21-613	Newport Career and Technical 256,638
21-614	Warwick Career and Technical 230,000
21-615	Woonsocket Career and Technical 275,000
21-616	Other Funds Total 1,158,638
21-617	Total – Administration of the Comprehensive Education Strategy 253,069,572
21-618	Davies Career and Technical School
21-619	General Revenues 13,400,497
21-620	Federal Funds
21-621	Federal Funds 1,342,423
21-622	Federal Funds – Stimulus 65,636
21-623	Federal Funds Total 1,408,059
21-624	Restricted Receipts 1,845,968
21-625	Other Funds
21-626	Rhode Island Capital Plan Funds
21-627	Davies HVAC 250,628
21-628	Davies Asset Protection 425,000
21-629	Other Funds Total 675,628
21-630	Total - Davies Career and Technical School 17,330,152
21-631	RI School for the Deaf
21-632	General Revenues 6,240,642
21-633	Federal Funds
21-634	Federal Funds 276,418
21-635	Federal Funds – Stimulus – Medicaid 4,194
21-636	Federal Funds Total 280,612
21-637	Restricted Receipts 510,596
21-638	Total - RI School for the Deaf 7,031,850
21-639	Metropolitan Career and Technical School
21-640	General Revenues 11,601,699
21-641	Other Funds
21-642	Rhode Island Capital Plan Funds
21-643	MET School East Bay 3,600,000
21-644	MET School HVAC 833,333
21-645	Other Funds Total 4,433,333
22-646	Total – Metropolitan Career and Technical School 16,035,032
22-647	Education Aid
22-648	General Revenues 689,843,930
22-649	Restricted Receipts 19,339,899
22-650	Other Funds
22-651	Permanent School Fund – Education Aid 183,624
22-652	Other Funds Total 183,624
22-653	Total – Education Aid 709,367,453
22-654	Central Falls School District
22-655	General Revenues 39,413,322
22-656	Total – Central Falls School District 39,413,322
22-657	Housing Aid
22-658	General Revenues 74,568,906
22-659	Total – Housing Aid 74,568,906
22-660	Teachers' Retirement
22-661	General Revenues 78,219,694
22-662	Total – Teachers’ Retirement 78,219,694
22-663	Grand Total – General Revenue 932,077,872
22-664	Grand Total - Elementary and Secondary Education 1,195,035,981
22-665	Public Higher Education
22-666	Board of Governors/Office of Higher Education
22-667	General Revenues 11,484,770
22-668	Federal Funds 18,217,619
22-669	Restricted Receipts 8,760,402
22-670	Total - Board of Governors/Office of Higher Education 38,462,791
22-671	University of Rhode Island
22-672	General Revenue
22-673	General Revenues 57,624,557
22-674	State Crime Lab 858,820
22-675	Debt Service 19,160,529
22-676	General Revenue Total 77,643,906
22-677	Federal Funds – Stimulus 383,779
22-678	Other Funds
22-679	University and College Funds 605,259,806
23-680	Debt – Dining Services 1,140,806
23-681	Debt – Education and General 3,273,434
23-682	Debt – Health Services 149,892
23-683	Debt – Housing Loan Funds 11,155,852
23-684	Debt – Memorial Union 121,514
23-685	Debt – Ryan Center 2,801,358
23-686	Debt – Alton Jones Services 114,650
23-687	Debt - Parking Authority 1,017,799
23-688	Debt – Sponsored Research 99,667
23-689	Debt – URI Energy Conservation 2,283,588
23-690	Rhode Island Capital Plan Funds
23-691	Asset Protection 7,200,000
23-692	New Chemistry Building 1,000,000
23-693	Other Funds Total 635,618,366
23-694	Total – University of Rhode Island 713,646,051
23-695	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
23-696	unencumbered balances as of June 30, 2013 relating to the University of Rhode Island are hereby
23-697	reappropriated to fiscal year 2014.
23-698	Rhode Island College
23-699	General Revenues
23-700	General Revenues 38,607,587
23-701	Debt Service 3,049,029
23-702	General Revenue Total 41,656,616
23-703	Other Funds
23-704	University and College Funds 113,955,578
23-705	Debt – Education and General 892,644
23-706	Debt – Housing 2,042,304
23-707	Debt – Student Center and Dining 172,392
23-708	Debt – Student Union 232,944
23-709	Debt – G.O. Debt Service 1,630,317
23-710	Rhode Island Capital Plan Funds
23-711	Asset Protection 3,075,000
23-712	Infrastructure Modernization 1,000,000
23-713	Other Funds – Total 123,001,179
24-714	Total – Rhode Island College 164,657,795
24-715	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
24-716	unencumbered balances as of June 30, 2013 relating to Rhode Island College are hereby
24-717	reappropriated to fiscal year 2014.
24-718	Community College of Rhode Island
24-719	General Revenues
24-720	General Revenues 44,317,462
24-721	Debt Service 2,464,156
24-722	General Revenue Total 46,781,618
24-723	Restricted Receipts 817,872
24-724	Other Funds
24-725	University and College Funds 94,799,271
24-726	Debt – Bookstore 29,193
24-727	CCRI Debt Service – Energy Conservation 808,025
24-728	Rhode Island Capital Plan Funds
24-729	Asset Protection 2,050,000
24-730	Other Funds Total 97,686,489
24-731	Total – Community College of RI 145,285,979
24-732	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
24-733	unencumbered balances as of June 30, 2013 relating to the Community College of Rhode Island
24-734	are hereby reappropriated to fiscal year 2014.
24-735	Grand Total – General Revenue 177,566,910
24-736	Grand Total – Public Higher Education 1,062,052,616
24-737	RI State Council on the Arts
24-738	General Revenues
24-739	Operating Support 725,058
24-740	Grants 861,671
24-741	General Revenue Total 1,586,729
24-742	Federal Funds 998,794
24-743	Other Funds
24-744	Arts for Public Facilities 843,500
24-745	Other Funds Total 843,500
24-746	Grand Total - RI State Council on the Arts 3,429,023
24-747	RI Atomic Energy Commission
25-748	General Revenues 876,213
25-749	Federal Funds 180,216
25-750	Other Funds
25-751	URI Sponsored Research 283,122
25-752	Rhode Island Capital Plan Funds
25-753	RINSC Asset Protection 50,000
25-754	Other Funds Total 333,122
25-755	Grand Total - RI Atomic Energy Commission 1,389,551
25-756	RI Historical Preservation and Heritage Commission
25-757	General Revenues 1,370,938
25-758	Federal Funds 886,057
25-759	Restricted Receipts 458,506
25-760	Other Funds
25-761	Rhode Island Capital Funds
25-762	Eisenhower House Asset Protection 75,000
25-763	Other Funds Total 75,000
25-764	Grand Total – RI Historical Preservation and Heritage Commission 2,790,501
25-765	RI Public Telecommunications Authority
25-766	General Revenues 425,286
25-767	Other Funds
25-768	Corporation for Public Broadcasting 701,768
25-769	Other Funds Total 701,768
25-770	Grand Total – RI Public Telecommunications Authority 1,127,054
25-771	Attorney General
25-772	Criminal
25-773	General Revenues 14,369,909
25-774	Federal Funds 1,575,823
25-775	Restricted Receipts 384,522
25-776	Total – Criminal 16,330,254
25-777	Civil
25-778	General Revenues 4,888,477
25-779	Restricted Receipts 845,583
25-780	Total – Civil 5,734,060
25-781	Bureau of Criminal Identification
26-782	General Revenues 1,209,375
26-783	Federal Funds 25,030
26-784	Total - Bureau of Criminal Identification 1,234,405
26-785	General
26-786	General Revenues 2,808,563
26-787	Other Funds
26-788	Rhode Island Capital Plan Funds
26-789	Building Renovations and Repairs 287,500
26-790	Other Funds Total 287,500
26-791	Total – General 3,096,063
26-792	Grand Total – General Revenue 23,276,324
26-793	Grand Total - Attorney General 26,394,782
26-794	Corrections
26-795	Central Management
26-796	General Revenues 9,365,983
26-797	Federal Funds 22,246
26-798	Total – Central Management 9,388,229
26-799	Parole Board
26-800	General Revenues 1,331,469
26-801	Federal Funds 36,850
26-802	Total - Parole Board 1,368,319
26-803	Custody and Security
26-804	General Revenues 114,766,168
26-805	Federal Funds 1,082,621
26-806	Restricted Receipts 29,758
26-807	Total – Custody and Security 115,878,547
26-808	Institutional Support
26-809	General Revenues 15,780,466
26-810	Other Funds
26-811	RICAP – Asset Protection 3,500,000
26-812	RICAP – Maximum – General Renovations 850,000
26-813	RICAP – General Renovations Women’s 1,500,000
26-814	RICAP – Bernadette Guay Roof 600,000
26-815	RICAP – Women’s Bath Renovations 1,235,000
27-816	RICAP – ISC Exterior Envelope and HVAC 4,000,000
27-817	RICAP – Minimum Security Kitchen Expansion 475,000
27-818	RICAP – Medium Infrastructure 3,310,000
27-819	Other Funds Total 15,470,000
27-820	Total – Institutional Support 31,250,466
27-821	Institutional Based Rehab./Population Management
27-822	General Revenues 8,908,408
27-823	Federal Funds
27-824	Federal Funds 1,006,186
27-825	Federal Funds – Stimulus 446,310
27-826	Federal Funds Total 1,452,496
27-827	Total – Institutional Based Rehab/Population Management 10,360,904
27-828	Healthcare Services
27-829	General Revenues 18,550,741
27-830	Total – Healthcare Services 18,550,741
27-831	Community Corrections
27-832	General Revenues 14,530,363
27-833	Federal Funds 153,088
27-834	Restricted Receipts 35,167
27-835	Total – Community Corrections 14,718,618
27-836	Grand Total – General Revenue 183,233,598
27-837	Grand Total – Corrections 201,515,824
27-838	Judiciary
27-839	Supreme Court
27-840	General Revenues
27-841	General Revenues 26,088,277
27-842	Defense of Indigents 3,562,240
27-843	General Revenue Total 29,650,517
27-844	Federal Funds 220,021
27-845	Restricted Receipts 1,532,049
27-846	Other Funds
27-847	Rhode Island Capital Plan Funds
27-848	Judicial HVAC 550,000
27-849	Judicial Complexes Asset Protection 625,000
28-850	Licht Judicial Complex Restoration 500,000
28-851	Other Funds Total 1,675,000
28-852	Total - Supreme Court 33,077,587
28-853	Judicial Tenure and Discipline
28-854	General Revenues 113,609
28-855	Total – Judicial Tenure and Discipline 113,609
28-856	Superior Court
28-857	General Revenues 21,911,328
28-858	Federal Funds 100,025
28-859	Restricted Receipts 527,627
28-860	Total - Superior Court 22,538,980
28-861	Family Court
28-862	General Revenues 18,144,955
28-863	Federal Funds 2,296,099
28-864	Restricted Receipts 764,352
28-865	Total - Family Court 21,205,406
28-866	District Court
28-867	General Revenues 11,493,967
28-868	Federal Funds 130,128
28-869	Restricted Receipts 300,516
28-870	Total - District Court 11,924,611
28-871	Traffic Tribunal
28-872	General Revenues 8,239,888
28-873	Total – Traffic Tribunal 8,239,888
28-874	Workers' Compensation Court
28-875	Restricted Receipts 8,215,324
28-876	Total – Workers’ Compensation Court 8,215,324
28-877	Grand Total – General Revenue 89,554,264
28-878	Grand Total – Judiciary 105,315,405
28-879	Military Staff
28-880	National Guard
28-881	General Revenues 1,516,817
28-882	Federal Funds 12,303,008
28-883	Restricted Receipts 300,000
29-884	Other Funds
29-885	Rhode Island Capital Plan Funds
29-886	Armory of Mounted Command Roof Replacement 2,000,000
29-887	State Armories Fire Code Compliance 20,250
29-888	Federal Armories Fire Code Compliance 20,250
29-889	Asset Protection 500,000
29-890	Logistics/Maintenance Facilities Fire Code Comp. 12,500
29-891	Command Readiness Center Addition 850,000
29-892	Burrillville Regional Training Institute 125,000
29-893	Camp Fogarty Armory Roof 375,000
29-894	Other Funds Total 3,903,000
29-895	Total - National Guard 18,022,825
29-896	Emergency Management
29-897	General Revenues 2,116,940
29-898	Federal Funds 21,931,533
29-899	Restricted Receipts 181,278
29-900	Total - Emergency Management 24,229,751
29-901	Grand Total – General Revenue 3,633,757
29-902	Grand Total - Military Staff 42,252,576
29-903	Public Safety
29-904	Central Management
29-905	General Revenues 1,172,630
29-906	Federal Funds
29-907	Federal Funds 4,110,385
29-908	Federal Funds – Stimulus 261,065
29-909	Federal Funds Total 4,371,450
29-910	Restricted Receipts 850
29-911	Total – Central Management 5,544,930
29-912	E-911 Emergency Telephone System
29-913	General Revenues 5,493,425
29-914	Total – E-911 Emergency Telephone System 5,493,425
29-915	State Fire Marshal
29-916	General Revenues 2,684,019
29-917	Federal Funds 52,773
30-918	Restricted Receipts 293,799
30-919	Other Funds
30-920	Rhode Island Capital Plan Funds
30-921	Fire Academy 1,500,000
30-922	Quonset Development Corp 58,751
30-923	Other Funds – Total 1,558,571
30-924	Total - State Fire Marshal 4,589,162
30-925	Security Services
30-926	General Revenues 21,735,322
30-927	Total – Security Services 21,735,322
30-928	Municipal Police Training Academy
30-929	Federal Funds 214,167
30-930	Restricted Receipts 356,811
30-931	Total - Municipal Police Training Academy 570,978
30-932	State Police
30-933	General Revenues 63,432,716
30-934	Federal Funds
30-935	Federal Funds 2,487,765
30-936	Federal Funds – Stimulus 160,886
30-937	Federal Funds Total 2,648,651
30-938	Restricted Receipts 50,000
30-939	Other Funds
30-940	Rhode Island Capital Plan Funds
30-941	Barracks and Training 1,785,000
30-942	Headquarters Repairs/Rehabilitation 100,000
30-943	HQ Expansion 500,000
30-944	Traffic Enforcement - Municipal Training 130,150
30-945	Lottery Commission Assistance 246,963
30-946	Airport Corporation 246,963
30-947	Road Construction Reimbursement 3,078,000
30-948	Other Funds Total 6,087,076
30-949	Total - State Police 72,218,443
30-950	Grand Total –General Revenue 94,518,112
30-951	Grand Total – Public Safety 110,152,260
31-952	Office of Public Defender
31-953	General Revenues 10,679,011
31-954	Federal Funds 439,300
31-955	Grand Total - Office of Public Defender 11,118,311
31-956	Environmental Management
31-957	Office of the Director
31-958	General Revenues 4,760,195
31-959	Federal Funds 493,000
31-960	Restricted Receipts 3,043,668
31-961	Total – Office of the Director 8,296,863
31-962	Natural Resources
31-963	General Revenues 18,306,313
31-964	Federal Funds 22,998,301
31-965	Restricted Receipts 3,712,021
31-966	Other Funds
31-967	DOT Recreational Projects 29,245
31-968	Blackstone Bikepath Design 1,075,225
31-969	Transportation MOU 82,172
31-970	Rhode Island Capital Plan Funds
31-971	Dam Repair 1,000,000
31-972	Recreational Facilities Improvements 1,590,000
31-973	Fort Adams Rehabilitation 500,000
31-974	Fort Adams America’s Cup 3,108,704
31-975	Galilee Piers Upgrade 1,050,000
31-976	Newport Piers 250,000
31-977	Blackstone Valley Bike Path 500,000
31-978	World War II Facility 2,200,000
31-979	Other Funds Total 11,385,346
31-980	Total - Natural Resources 56,401,981
31-981	Environmental Protection
31-982	General Revenues 11,556,487
31-983	Federal Funds 12,428,872
31-984	Restricted Receipts 8,071,784
31-985	Other Funds
32-986	Transportation MOU 90,107
32-987	Retrofit Heavy-Duty Diesel Vehicles 2,760,000
32-988	Other Funds Total 2,850,107
32-989	Total - Environmental Protection 34,907,250
32-990	Grand Total – General Revenue 34,622,995
32-991	Grand Total - Environmental Management 99,606,094
32-992	Coastal Resources Management Council
32-993	General Revenues 2,300,733
32-994	Federal Funds 1,823,864
32-995	Restricted Receipts 250,000
32-996	Other Funds
32-997	Rhode Island Capital Plan Funds
32-998	South Coast Restoration Project 850,000
32-999	Secure Facility Area 50,000
32-1000	Other Funds Total 900,000
32-1001	Grand Total - Coastal Resources Mgmt. Council 5,274,597
32-1002	Transportation
32-1003	Central Management
32-1004	Federal Funds 10,515,473
32-1005	Other Funds
32-1006	Gasoline Tax 1,353,338
32-1007	Other Funds Total 1,353,338
32-1008	Total - Central Management 11,868,811
32-1009	Management and Budget
32-1010	Other Funds
32-1011	Gasoline Tax 1,937,648
32-1012	Other Funds Total 1,937,648
32-1013	Total - Management and Budget 1,937,648
32-1014	Infrastructure Engineering- GARVEE/Motor Fuel Tax Bonds
32-1015	Federal Funds
32-1016	Federal Funds 342,937,715
32-1017	Federal Funds – Stimulus 8,880,580
32-1018	Federal Funds Total 351,818,295
32-1019	Restricted Receipts 998,758
33-1020	Other Funds
33-1021	Gasoline Tax 54,326,020
33-1022	Motor Fuel Tax Residuals 4,076,029
33-1023	Land Sale Revenue 22,354,473
33-1024	Rhode Island Capital Funds
33-1025	RIPTA Land and Buildings 70,000
33-1026	Other Funds Total 80,826,522
33-1027	Total - Infrastructure Engineering – GARVEE 433,643,575
33-1028	Infrastructure Maintenance
33-1029	Other Funds
33-1030	Gasoline Tax 39,776,826
33-1031	Non-Land Surplus Property 10,000
33-1032	Outdoor Advertising 100,000
33-1033	Rhode Island Capital Plan Funds
33-1034	Cherry Hill/Lincoln Facility 777,050
33-1035	Maintenance Facilities Improvements 400,000
33-1036	Portsmouth Facility 1,435,000
33-1037	Salt Storage Facilities 2,000,000
33-1038	Maintenance Facility Fire Alarms 325,000
33-1039	Other Funds Total 44,823,876
33-1040	Total - Infrastructure Maintenance 44,823,876
33-1041	Grand Total – Transportation 492,273,910
33-1042	Statewide Totals
33-1043	General Revenues 3,269,153,035
33-1044	Federal Funds 2,594,212,185
33-1045	Restricted Receipts 224,124,174
33-1046	Other Funds 1,855,945,563
33-1047	Statewide Grand Total 7,943,434,957
33-1048	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
33-1049	appropriation.
33-1050	SECTION 3. Upon the transfer of any function of a department or agency to another
33-1051	department or agency, the Governor is hereby authorized by means of executive order to transfer
33-1052	or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
33-1053	thereby.
34-1054	SECTION 4. From the appropriation for contingency shall be paid such sums as may be
34-1055	required at the discretion of the Governor to fund expenditures for which appropriations may not
34-1056	exist. Such contingency funds may also be used for expenditures in the several departments and
34-1057	agencies where appropriations are insufficient, or where such requirements are due to unforeseen
34-1058	conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
34-1059	for the payment of bills incurred due to emergencies or to any offense against public peace and
34-1060	property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
34-1061	amended. All expenditures and transfers from this account shall be approved by the Governor.
34-1062	SECTION 5. The general assembly authorizes the state controller to establish the internal
34-1063	service accounts shown below, and no other, to finance and account for the operations of state
34-1064	agencies that provide services to other agencies, institutions and other governmental units on a
34-1065	cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
34-1066	managed in a businesslike manner, promote efficient use of services by making agencies pay the
34-1067	full costs associated with providing the services, and allocate the costs of central administrative
34-1068	services across all fund types, so that federal and other non-general fund programs share in the
34-1069	costs of general government support. The controller is authorized to reimburse these accounts for
34-1070	the cost of work or services performed for any other department or agency subject to the
34-1071	following expenditure limitations:
34-1072	Account Expenditure Limit
34-1073	State Assessed Fringe Benefit Internal Service Fund 32,106,713
34-1074	Administration Central Utilities Internal Service Fund 20,227,492
34-1075	State Central Mail Internal Service Fund 5,613,232
34-1076	State Telecommunications Internal Service Fund 2,881,461
34-1077	State Automotive Fleet Internal Service Fund 13,952,999
34-1078	Capital Police Internal Service Fund 828,732
34-1079	Surplus Property Internal Service Fund 2,500
34-1080	Health Insurance Internal Service Fund 306,268,634
34-1081	Central Distribution Center Internal Service Fund 7,434,366
34-1082	Correctional Industries Internal Service Fund 7,353,091
34-1083	Secretary of State Record Center Internal Service Fund 897,072
34-1084	SECTION 6. The General Assembly may provide a written "statement of legislative
34-1085	intent" signed by the chairperson of the House Finance Committee and by the chairperson of the
34-1086	Senate Finance Committee to show the intended purpose of the appropriations contained in
34-1087	Section 1 of this Article. The statement of legislative intent shall be kept on file in the House
34-1088	Finance Committee and in the Senate Finance Committee.
35-1	At least twenty (20) days prior to the issuance of a grant or the release of funds, which
35-2	grant or funds are listed on the legislative letter of intent, all department, agency and corporation
35-3	directors, shall notify in writing the chairperson of the House Finance Committee and the
35-4	chairperson of the Senate Finance Committee of the approximate date when the funds are to be
35-5	released or granted.
35-6	SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
35-7	appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all
35-8	funds required to be disbursed for the benefit payments from the Temporary Disability Insurance
35-9	Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2013.
35-10	SECTION 8. Appropriation of Employment Security Funds -- There is hereby
35-11	appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to
35-12	be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending
35-13	June 30, 2013.
35-14	SECTION 9. Appropriation of University and College Funds -- There is hereby
35-15	appropriated pursuant to section 16-59-9 of the Rhode Island General Laws relating to the
35-16	appropriation of funds by the General Assembly for Higher Education, and section 16-59-18 of
35-17	the General Laws relating to receipts from sources other than appropriations, any funds received
35-18	by the Board of Governors for Higher Education for the fiscal year ending June 30, 2013 payable
35-19	out of the University and College Funds.
35-20	SECTION 10. Appropriation of Lottery Division Funds -- There is hereby appropriated to
35-21	the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes
35-22	of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2013.
35-23	SECTION 11. Departments and agencies listed below may not exceed the number of full-
35-24	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
35-25	not include seasonal or intermittent positions whose scheduled period of employment does not
35-26	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
35-27	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
35-28	individuals engaged in training, the completion of which is a prerequisite of employment.
35-29	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
35-30	designee, and the President of the Senate or designee may authorize an adjustment to any
35-31	limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
35-32	recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
35-33	copy of the recommendation and authorization to adjust shall be transmitted to the chairperson of
35-34	the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
36-1	Senate Fiscal Advisor.
36-2	State employees whose funding is from non-state general revenue funds that are time
36-3	limited shall receive limited term appointment with the term limited to the availability of non-
36-4	state general revenue funding source.
36-5	FY 2013 FTE POSITION AUTHORIZATION
36-6	Departments and Agencies Full-Time Equivalent
36-7	Administration 665.6
36-8	Business Regulation 94.0
36-9	Labor and Training 364.4
36-10	Revenue 458.0
36-11	Legislature 298.5
36-12	Office of the Lieutenant Governor 8.0
36-13	Office of the Secretary of State 57.0
36-14	Office of the General Treasurer 82.0
36-15	Board of Elections 11.0
36-16	Rhode Island Ethics Commission 12.0
36-17	Office of the Governor 45.0
36-18	Commission for Human Rights 14.5
36-19	Public Utilities Commission 47.0
36-20	Office of Health and Human Services 163.0
36-21	Children, Youth, and Families 665.5
36-22	Health 423.3
36-23	Human Services 947.7
36-24	Behavioral Health, Developmental Disabilities, and Hospitals 1,383.2
36-25	Office of the Child Advocate 5.8
36-26	Commission on the Deaf and Hard of Hearing 3.0
36-27	Governor's Commission on Disabilities 4.0
36-28	Office of the Mental Health Advocate 3.7
36-29	Elementary and Secondary Education 169.4
36-30	School for the Deaf 60.0
36-31	Davies Career and Technical School 126.0
36-32	Office of Higher Education 56.4
36-33	Provided that 1.0 of the total authorization would be available only for positions that are
36-34	supported by third-party funds.
37-1	University of Rhode Island 2,450.5
37-2	Provided that 593.2 of the total authorization would be available only for positions that
37-3	are supported by third-party funds.
37-4	Rhode Island College 919.6
37-5	Provided that 82.0 of the total authorization would be available only for positions that are
37-6	supported by third-party funds.
37-7	Community College of Rhode Island 854.1
37-8	Provided that 100.0 of the total authorization would be available only for positions that
37-9	are supported by third-party funds.
37-10	Rhode Island State Council on the Arts 8.6
37-11	RI Atomic Energy Commission 8.6
37-12	Historical Preservation and Heritage Commission 16.6
37-13	Public Telecommunications Authority 14.0
37-14	Office of the Attorney General 233.1
37-15	Corrections 1,419.0
37-16	Judicial 723.3
37-17	Military Staff 112.0
37-18	Public Safety 609.2
37-19	Office of the Public Defender 92.0
37-20	Environmental Management 407.0
37-21	Coastal Resources Management Council 29.5
37-22	Transportation 772.6
37-23	Total 14,837.7
37-24	SECTION 12. The amounts reflected in this Article include the appropriation of Rhode
37-25	Island Capital Plan funds for fiscal year 2013 and supersede appropriations provided for FY 2013
37-26	within Section 12 of Article 1 of Chapter 151 of the P.L. of 2011.
37-27	The following amounts are hereby appropriated out of any money in the State’s Rhode
37-28	Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
37-29	June 30, 2014, June 30, 2015, and June 30, 2016. These amounts supersede appropriations
37-30	provided within Section 12 of Article 1 of Chapter 151 of the P.L. of 2011. For the purposes and
37-31	functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw
37-32	his or her orders upon the General Treasurer for the payment of such sums and such portions
37-33	thereof as may be required by him or her upon receipt of properly authenticated vouchers.
38-34	Fiscal Yr Ending Fiscal Yr Ending Fiscal Yr Ending
38-35	Project June 30, 2014 June 30, 2015 June 30, 2016
38-36	BHDDH-Hospital Consolidation 11,000,000 8,577,000 10,000,000
38-37	DOA-State House Renovations 4,500,000 4,500,000 500,000
38-38	DOA-Pastore Center Building Demotion 2,500,000 1,500,000 500,000
38-39	ELSEC-Met. Career and Tech – East Bay 2,580,000 0 0
38-40	Higher Ed-Asset Protection-CCRI 2,093,500 2,138,305 2,184,100
38-41	Higher Ed-Asset Protection-RIC 3,143,250 3,213,548 3,285,400
38-42	Higher Ed-Asset Protection-URI 7,357,500 7,520,000 7,686,900
38-43	DOC Asset Protection 3,500,000 3,000,000 3,000,000
38-44	Judicial-Asset Protection 650,000 675,000 700,000
38-45	Mil Staff-Asset Protection 500,000 500,000 500,000
38-46	DEM-Dam Repairs 550,000 550,000 500,000
38-47	DEM-Recreation Facility Improvements 1,390,000 1,500,000 600,000
38-48	DOT-Highway Improvement Program 20,000,000 20,000,000 20,000,000
38-49	SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. -
38-50	Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project
38-51	appropriations may be reappropriated at the recommendation of the Governor in the ensuing
38-52	fiscal year and made available for the same purpose. The Governor shall submit a report of such
38-53	reappropriations to the chairperson of the house finance committee and the chairperson of the
38-54	senate finance committee stating the final enacted amount by project, the amounts expended and
38-55	the amounts reappropriated by August 15, 2013.
38-56	SECTION 14. Notwithstanding any provisions of Chapter 25 in Title 46 of the Rhode
38-57	Island General Laws, the Narragansett Bay Commission shall transfer to the State Controller by
38-58	June 30, 2013 the sum of three million seventy-three thousand dollars ($3,073,000) for debt
38-59	service costs on general obligation bonds issued on behalf of the Narragansett Bay Commission
38-60	by the State of Rhode Island.
38-61	SECTION 15. Notwithstanding any public laws to the contrary, of the twelve million five
38-62	hundred fifty-three thousand five hundred sixty-six dollars ($12,553,566) bond premium received
38-63	on the 2011 Series A general obligation bond issuance, six million five hundred fifty-three
38-64	thousand five hundred sixty-six dollars ($6,553,566) shall be transferred from the Rhode Island
38-65	Capital Plan Fund to the Information Technology Investment Fund established pursuant to section
38-66	42-11-2.5 and six million dollars ($6,000,000) shall be transferred from the Rhode Island Capital
38-67	Plan Fund to the general fund.
39-68	SECTION 16. For the Fiscal Year ending June 30, 2013, the Rhode Island Housing and
39-69	Mortgage Finance Corporation shall provide from its resources such sums as appropriate in
39-70	support of the Neighborhood Opportunities Program. The Corporation shall provide a report
39-71	detailing the amount of funding provided to this program, as well as information on the number
39-72	of units of housing provided as a result to the Director of Administration, the Chair of the
39-73	Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the
39-74	Senate Finance Committee and the State Budget Officer.
39-75	SECTION 17. This article shall take effect as of July 1, 2012.
39-76	ARTICLE 2
39-77	RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES
39-78	SECTION 1. (a) The state of Rhode Island is hereby authorized to borrow during its
39-79	fiscal year ending June 30, 2013, in anticipation of receipts from taxes such sum or sums, at such
39-80	time or times and upon such terms and conditions not inconsistent with the provisions and
39-81	limitations of Section 17 of Article VI of the constitution of Rhode Island, as the general
39-82	treasurer, with the advice of the Governor, shall deem for the best interests of the state, provided
39-83	that the amounts so borrowed shall not exceed three hundred million dollars ($300,000,000), at
39-84	any time outstanding. The state is hereby further authorized to give its promissory note or notes
39-85	signed by the general treasurer and counter-signed by the secretary of state for the payment of any
39-86	sum so borrowed. Any such proceeds shall be invested by the general treasurer until such time as
39-87	they are needed. The interest income earned from such investments shall be used to pay the
39-88	interest on the promissory note or notes, or other forms of obligations, and any expense of issuing
39-89	the promissory note or notes, or other forms of obligations, with the balance remaining at the end
39-90	of said fiscal year, if any, shall be used toward the payment of long-term debt service of the state,
39-91	unless prohibited by federal law or regulation.
39-92	(b) Notwithstanding any other authority to the contrary, duly authorized bonds or notes of
39-93	the state issued during the fiscal year ending June 30, 2013 may be issued in the form of
39-94	commercial paper, so-called. In connection herewith, the state, acting through the general
39-95	treasurer, may enter into agreements with banks, trust companies or other financial institutions
39-96	within or outside the state, whether in the form of letters or lines of credit, liquidity facilities,
39-97	insurance or other support arrangements. Any notes issued as commercial paper shall be in such
39-98	amounts and bear such terms as the general treasurer, with the advice of the governor, shall
39-99	determine, which may include provisions for prepayment at any time with or without premium at
39-100	the option of the state. Such notes may be sold at a premium or discount, and may bear interest or
39-101	not and, if interest bearing, may bear interest at such rate or rates variable from time to time as
39-102	determined by the Federal Reserve Bank Composite Index of Commercial Paper, or the
40-1	Municipal Market Data General Market Index or other similar commercial paper offerings, or
40-2	other method specified in any agreement with brokers for the placement or marketing of any such
40-3	notes issued as commercial paper, or other like agreements. Any such agreement may also
40-4	include such other covenants and provisions for protecting the rights, security and remedies of the
40-5	lenders as may, in the discretion of the general treasurer, be reasonable, legal and proper. The
40-6	general treasurer may also enter into agreements with brokers for the placement or marketing of
40-7	any such notes of the state issued as commercial paper. Any notes to the state issued as
40-8	commercial paper in anticipation of receipts from taxes in any fiscal year must also be issued in
40-9	accordance with the provisions of Section 17 of Article VI of the constitution of Rhode Island and
40-10	within the limitations set forth in Subsection (a) of Section 1 of this Article.
40-11	(c) Notwithstanding any other authority to the contrary, other forms of obligations of the
40-12	state not to exceed twenty million dollars ($20,000,000) of the three hundred million dollar
40-13	($300,000,000) amount authorized in Section 1 may be issued during the fiscal year ending June
40-14	30, 2013 in the form of a commercial or business credit account, at any time outstanding, with
40-15	banks, trust companies or other financial institutions within or outside the state in order to finance
40-16	a payables incentive program for the state with its vendors. Any such forms of obligations entered
40-17	into pursuant to this subsection shall be in such amounts and bear such terms as the general
40-18	treasurer, with the advice of the governor, shall determine which may include provisions for
40-19	prepayment at any time with or without premium at the option of the state. Any such forms of
40-20	obligations entered into pursuant to this subsection may also include such other covenants and
40-21	provisions for protecting the rights, security and remedies of the lenders as may, in the discretion
40-22	of the general treasurer, be reasonable, legal and proper. Any such forms of obligations entered
40-23	into pursuant to this subsection must also be issued in accordance with the provisions of Section
40-24	17 of Article VI of the Constitution of Rhode Island and within the limitations set forth in
40-25	Subsection (a) of Section 1 of this Article.
40-26	SECTION 2. This article shall take effect upon passage.
40-27	ARTICLE 3
40-28	RELATING TO RHODE ISLAND PUBLIC TELECOMMUNICATIONS AUTHORITY
40-29	SECTION 1. Section 16-61-6 of the General Laws in Chapter 16-61 entitled “Rhode
40-30	Island Public Telecommunications Authority” is hereby amended to read as follows:
40-31	16-61-6. Powers and duties of authority. -- (a) The authority shall be empowered to:
40-32	(1) Adopt and amend and repeal suitable bylaws for the management of its affairs;
40-33	(2) Adopt and use the official seal and alter it at its pleasure;
41-34	(3) Maintain an office at any place or places within the state that it may designate;
41-35	(4) Establish, own, and operate noncommercial educational television or radio
41-36	broadcasting stations, one or more public broadcasting and public broadcasting
41-37	telecommunications networks or systems, and interconnection and program production facilities;
41-38	(5) Apply for, receive, and hold any authorizations and licenses and assignments and
41-39	reassignments of channels from the federal communications commission (FCC) as may be
41-40	necessary to conduct its operations; and prepare and file and prosecute before the FCC all
41-41	applications, reports, or other documents or requests for authorization of any type necessary or
41-42	appropriate to achieve the authorized purposes of the authority;
41-43	(6) Provide coordination and information on matters relating to public broadcasting
41-44	telecommunications among the agencies of the state government, all facets of Rhode Island
41-45	public education and individual associations, and institutions working in these fields both within
41-46	and without the state;
41-47	(7) Establish state-wide equipment compatibility policies and determine the method of
41-48	interconnection to be employed within the state's public broadcasting system;
41-49	(8) Assume responsibility for establishing broad programming philosophy which will
41-50	encourage diversity, quality, and excellence of programming which is released via its facilities.
41-51	The general manager shall be responsible for implementing programming policy in accordance
41-52	with the rules and regulations of the federal communications commission;
41-53	(9) Provide appropriate advisory assistance to other agencies of the state and local and
41-54	regional groups regarding public broadcasting techniques, planning, budgeting, and related
41-55	issues;
41-56	(10) Make to the governor and the legislature any recommendations that the authority
41-57	deems necessary with regard to ~~appropriations relating to~~ public broadcasting and public
41-58	broadcasting telecommunications equipment and facilities;
41-59	(11) Subject to the approval of the governor, receive and administer gifts, contributions,
41-60	and funds from public and private sources to be expended for public broadcasting and public
41-61	broadcasting telecommunications operations, facilities, and programming consistent with
41-62	furthering the purposes of the authority;
41-63	(12) Cooperate with federal agencies for the purpose of obtaining matching and other
41-64	federal funds and providing public broadcasting and public broadcasting telecommunications
41-65	facilities throughout the state and to make any reports that may be required of the state. The
41-66	authority shall provide appropriate advisory assistance to local school districts and others on these
41-67	matters;
42-68	(13) Contract with program production organizations, individuals, and noncommercial
42-69	educational television and radio stations within and without the state to produce or to procure
42-70	educational television or radio programs for use by noncommercial stations within the state;
42-71	(14) Establish and maintain a library and archives of educational television and radio
42-72	programs and related materials, disseminate information about those programs and make suitable
42-73	arrangements for the use of the programs and materials by colleges, universities, schools, and
42-74	noncommercial television and radio stations;
42-75	(15) Conduct explorations, research, demonstrations, or training in matters related to
42-76	public broadcasting and public broadcasting telecommunications in the state, directly or through
42-77	contracts with appropriate agencies, organizations, or individuals, or by grants to nonprofit,
42-78	noncommercial organizations such as colleges, universities, schools, and noncommercial
42-79	television and radio stations;
42-80	(16) Acquire, subject to the provisions of the general laws, through lease, purchase, or
42-81	other means, real and other property and to hold and use this property for public broadcasting and
42-82	public broadcasting telecommunications purposes;
42-83	(17) Contract, subject to the provisions of the general laws, for the construction, repair,
42-84	maintenance, and operations of public broadcasting and public broadcasting telecommunications
42-85	facilities including program production center, stations, and interconnection facilities;
42-86	(18) Make arrangements, where appropriate, with companies or other agencies and
42-87	institutions operating suitable interconnection facilities (e.g., landlines or satellites);
42-88	(19) Be empowered to set and collect reasonable fees for services provided through
42-89	contracts with agencies, companies, organizations, and individuals;
42-90	(20) Make reasonable rules and regulations to carry out the provisions of this chapter.
42-91	(21) Manage and operate public, education and government (PEG) access studios in
42-92	compliance with rules promulgated by the division of public utilities and carriers.
42-93	(22) To conduct a training course for newly appointed and qualified members within six
42-94	(6) months of their qualification or designation. The course shall be developed by the chair of the
42-95	authority, approved by the authority, and conducted by the chair of the authority. The authority
42-96	may approve the use of any authority or staff members or other individuals to assist with training.
42-97	The training course shall include instruction in the following areas: the provisions of chapters 42-
42-98	46, 36-14, and 38-2; and the committee's rules and regulations. The director of the department of
42-99	administration shall, within ninety (90) days of the effective date of this act [March 29, 2006],
42-100	prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and
42-101	38-2.
43-102	(b) In carrying out its powers and duties under this section, the authority shall be
43-103	empowered to enter into contracts or agreements with any nonprofit entity for the operations in
43-104	whole or in part of the public telecommunications functions assigned to it by this chapter.
43-105	SECTION 2. Section 16-61-13 of the General Laws in Chapter 16-61 entitled “Rhode
43-106	Island Public Telecommunications Authority” is hereby repealed.
43-107	~~16-61-13. Annual appropriation. --~~ ~~The general assembly shall annually appropriate~~
43-108	~~any sums as it deems necessary for the support and maintenance of public telecommunications in~~
43-109	~~the state, and the state controller is authorized and directed to draw his or her orders upon the~~
43-110	~~general treasurer for the payment of those appropriations or so much of this sum as may be~~
43-111	~~necessary for the purposes appropriated, upon the receipt by the controller of properly~~
43-112	~~authenticated vouchers, as the authority may by rule provide.~~
43-113	SECTION 3. This article shall take effect as of January 1, 2013.
43-114	ARTICLE 4
43-115	RELATING TO GOVERNMENTAL ORGANIZATION
43-116	SECTION 1. Sections 16-57-1, 16-57-3 through 16-57-6.1, 16-57-6.2, 16-57-6.3, 16-57-
43-117	6.5, 16-57-7 through 16-57-8, 16-57-10 through 16-57-15 and 16-57-17 in Chapter 16-57 of the
43-118	General Laws entitled “Higher Education Assistance Authority” are hereby amended to read as
43-119	follows:
43-120	16-57-1. Short title. -- This chapter shall be known as the "Rhode Island Higher
43-121	Education Assistance ~~Authority~~ Act".
43-122	16-57-3. Definitions. -- As used in this chapter, the following words and terms have the
43-123	following meanings unless the context indicates another or different meaning or intent:
43-124	(1) "Authority" means the governmental agency and public instrumentality previously
43-125	authorized, created, and established pursuant to § 16-57-4.
43-126	(2) “Board” means the Board of Governors for Higher Education authorized, created, and
43-127	established pursuant to section 16-59-1 et seq., and further authorized pursuant to section 16-57-
43-128	4.
43-129	~~(2)~~(3) "Commissioner of higher education" means the commissioner appointed by the
43-130	Rhode Island board of governors for higher education or his or her designee.
43-131	~~(3)~~(4) "Eligible borrower" means a student, or the parent of a student, who is either a
43-132	resident of the state or who, under rules promulgated by the authority, is qualified to make an
43-133	eligible loan.
43-134	~~(4)~~(5) "Eligible institution", subject to further particular or more restrictive definition by
43-135	regulation of the authority, means:
44-136	(i) An institution of higher learning;
44-137	(ii) A vocational school; or
44-138	(iii) With respect to students who are nationals of the United States, an institution outside
44-139	the United States which is comparable to an institution of higher education or to a vocational
44-140	school and which has been approved by the authority and by the commissioner for purposes of
44-141	the guaranteed student loan program.
44-142	~~(5)~~(6) "Eligible loan" means a loan to a student or to the parent of a student insured or
44-143	guaranteed by the commissioner, by the authority, or by any other governmental or private
44-144	agency, corporation, or organization having a reinsurance or guaranty agreement with the
44-145	commissioner applicable to the student loan.
44-146	(6)(7) "Guaranteed student loan program" means the program of federal student loan
44-147	insurance and reinsurance administered by the commissioner.
44-148	~~(7)~~(8) "Lender", subject to further particular or more restrictive definition by regulation
44-149	of the authority, means any governmental or private agency, corporation, organization, or
44-150	institution designated as an "eligible lender" by federal statute, regulation, or administrative
44-151	ruling for the purposes of the guaranteed student loan program.
44-152	~~(8)~~(9) "Participant" means an individual, corporation, trust or other "person" within the
44-153	meaning of § 529 of the Internal Revenue Code [26 U.S.C. § 529], who makes contributions to
44-154	the tuition savings program established pursuant to § 16-57-6.1 for purposes of paying qualified
44-155	higher education expenses on behalf of a beneficiary.
44-156	~~(9)~~(10) "Participating institution" means an institution for higher education which agrees
44-157	to participate in a savings program or prepaid tuition program established pursuant to this chapter.
44-158	~~(10)~~(11) "Prepaid tuition program" means a program administered by the authority, in
44-159	conjunction with the executive director of the Rhode Island Student Loan Authority, and the
44-160	commissioner of higher education, which provides a means for qualified students, parents and
44-161	others responsible for paying the costs of education to fix all or a portion of the direct cost of
44-162	attendance at participating institutions in one or more future years.
44-163	~~(11)~~(12) "Program" means the tuition savings program established pursuant to section 16-
44-164	57-6.1.
44-165	~~(12)~~(13) "Qualified higher education expenses" means the costs of tuition, fees, books,
44-166	supplies and equipment required for enrollment or attendance at an institution of higher
44-167	education, and other education costs defined by federal law.
44-168	~~(13)~~(14) "Secretary" means the United States secretary of education.
44-169	~~(14)~~(15) "State" means the state of Rhode Island and Providence Plantations.
45-170	~~(15)~~(16) "Student", as used with reference to the guaranteed student loan program and the
45-171	parent loan program, means an individual who, under rules promulgated by the authority, is
45-172	enrolled or accepted for enrollment at an eligible institution and who is making suitable progress
45-173	in his or her education toward obtaining a degree or other appropriate certification in accordance
45-174	with standards acceptable to the authority.
45-175	~~(16)~~(17) "Tuition savings program" or "Savings program" means a program approved and
45-176	administered by the authority, in conjunction with the executive director of the Rhode Island
45-177	Student Loan Authority, and the commissioner of higher education, designed to facilitate and
45-178	encourage savings by or on behalf of students, future students and parents for the purpose of
45-179	paying the costs of attending institutions of higher education.
45-180	16-57-4. ~~Creation~~ Authorization. --. (a) ~~There is authorized, created, and established a~~
45-181	~~public corporation of the state having a distinct legal existence from the state and not constituting~~
45-182	~~a department of state government, which is a governmental agency and public instrumentality of~~
45-183	~~the state, to be known as the "Rhode Island higher education assistance authority" with the~~
45-184	~~powers set forth in this chapter~~ The Board of Governors for Higher Education is hereby granted
45-185	and authorized to use all of the powers conferred by and set forth in this chapter, for the purposes
45-186	of guaranteeing eligible loans to students in eligible institutions and to parents of those students
45-187	and of administering other programs of postsecondary student financial assistance assigned by
45-188	law to the authority.
45-189	(b) The exercise by the ~~authority~~ board of the powers conferred by this chapter shall be
45-190	deemed and held to be the performance of an essential governmental function of the state for
45-191	public purposes. It is the intent of the general assembly by the passage of this chapter to vest in
45-192	the ~~authority~~ board all powers, authority, rights, privileges, and titles which may be necessary to
45-193	enable it to accomplish the purposes set forth in this section and this chapter and the powers
45-194	granted by it shall be liberally construed in conformity with these purposes.
45-195	(c) The authority and its corporate existence shall ~~continue until~~ be terminated on
45-196	September 1, 2012, and ~~terminated by law or until the authority shall cease entirely and~~
45-197	~~continuously to conduct or be involved in any business in furtherance of its purposes; provided,~~
45-198	~~that no termination shall take effect so long as the authority shall have guaranties or other~~
45-199	~~obligations outstanding, unless adequate provision shall have been made for the payment of the~~
45-200	~~obligations pursuant to the documents securing them or to this law. Upon termination of the~~
45-201	~~existence of the authority, all its rights~~, obligations and properties shall pass to and be vested in
45-202	the ~~state~~ board. At no time shall the assets or other property of the authority inure to the benefit of
45-203	any person or other corporation or entity.
46-204	16-57-5. General powers. -- The ~~authority~~ board shall have all of the powers necessary
46-205	and convenient to carry out and effectuate the purposes and provisions of this chapter, including
46-206	without limiting the generality of the foregoing the power:
46-207	(1) To sue and be sued, complain and defend, in its corporate name.
46-208	(2) To have a seal which may be altered at pleasure and to use the seal by causing it, or a
46-209	facsimile of it, to be impressed or affixed or in any other manner reproduced.
46-210	(3) To acquire the assets and assume the liabilities or to effect the merger into itself of
46-211	any corporation or other organization incorporated or organized under the laws of this state,
46-212	which corporation or organization has as its principal business the guaranteeing of loans to
46-213	students in eligible institutions, all upon any terms and for any consideration as the authority shall
46-214	deem to be appropriate.
46-215	(4) To make contracts and guarantees and incur liabilities, and borrow money at any rates
46-216	of interest as the authority may determine.
46-217	(5) To make and execute all contracts, agreements, and instruments necessary or
46-218	convenient in the exercise of the powers and functions of the authority granted by this chapter.
46-219	(6) To lend money for its purposes, and to invest and reinvest its funds.
46-220	(7) To conduct its activities, carry on its operations, and have offices and exercise the
46-221	powers granted by this chapter, within or without the state.
46-222	(8) To elect, appoint, or employ in its discretion officers and agents of the ~~authority~~
46-223	board, and define their duties.
46-224	(9) To make and alter bylaws, not inconsistent with this chapter, for the administration
46-225	and regulation of the affairs of the ~~authority~~ board, and the bylaws may contain provisions
46-226	indemnifying any person who is or was a director, officer, employee, or agent of the authority
46-227	and/or the board, in the manner and to the extent provided in section 7-1.2-814.
46-228	(10) To have and exercise all powers necessary or convenient to effect its purposes.
46-229	16-57-6. Additional general powers. -- (a) In addition to the powers enumerated in
46-230	section 16-57-5, the ~~authority~~ board shall have power:
46-231	(1) To guarantee one hundred percent (100%) of the unpaid principal and accrued interest
46-232	of any eligible loan made by a lender to any eligible borrower for the purpose of assisting the
46-233	students in obtaining an education in an eligible institution.
46-234	(2) To procure insurance of every nature to protect the authority against losses which may
46-235	be incurred in connection with its property, assets, activities, or the exercise of the powers granted
46-236	under this chapter.
46-237	(3) To provide advisory, consultative, training, and educational services, technical
46-238	assistance and advice to any person, firm, partnership, or corporation, whether the advisee is
47-1	public or private, in order to carry out the purposes of this chapter.
47-2	(4) When the ~~authority~~ board deems it necessary or desirable, to consent to the
47-3	modification, with respect to security, rate of interest, time of payment of interest or principal, or
47-4	any other term of a bond or note, contract, or agreement between the authority and/or the board
47-5	and the recipient or maker of a loan, bond, or note holder, or agency or institution guaranteeing
47-6	the repayment of, purchasing, or selling an eligible loan.
47-7	(5) To engage the services of consultants on a contract basis for rendering professional
47-8	and technical assistance and advice, and to employ attorneys, accountants, financial experts, and
47-9	any other advisers, consultants, and agents as may be necessary in its judgment, and to fix their
47-10	compensation.
47-11	(6) To contract for and to accept any gifts, grants, loans, funds, property, real or personal,
47-12	or financial or other assistance in any form from the United States or any agency or
47-13	instrumentality of the United States, or from the state or any agency or instrumentality of the
47-14	state, or from any other source, and to comply, subject to the provisions of this chapter, with the
47-15	terms and conditions of those entities. Loans provided pursuant to subsection (b) of this section
47-16	shall be repaid to the ~~authority~~ board and deposited as general revenues of the state.
47-17	(7) To prescribe rules and regulations deemed necessary or desirable to carry out the
47-18	purposes of this chapter, including without limitation rules and regulations:
47-19	(i) To insure compliance by the authority with the requirements imposed by statutes or
47-20	regulation governing the guaranty, insurance, purchase, or other dealing in eligible loans by
47-21	federal agencies, instrumentalities, or corporations,
47-22	(ii) To set standards of eligibility for educational institutions, students, and lenders and to
47-23	define residency and all other terms as the authority deems necessary to carry out the purposes of
47-24	this chapter, and
47-25	(iii) To set standards for the administration of programs of postsecondary student
47-26	financial assistance assigned by law to the ~~authority~~ board, including but not limited to savings
47-27	programs. Administrative rules governing savings programs shall authorize the ~~authority~~ board,
47-28	in conjunction with ~~the executive director of the Rhode Island student loan authority and~~ the
47-29	commissioner of higher education, to negotiate reciprocal agreements with institutions in other
47-30	states offering similar savings programs for the purpose of maximizing educational benefits to
47-31	residents, students and institutions in this state.
47-32	(iv) The provisions of the administrative procedures act, chapter 35 of title 42, shall not
47-33	apply to this chapter.
48-34	(8) To establish penalties for violations of any order, rule, or regulation of the ~~authority~~
48-35	board, and a method for enforcing these.
48-36	(9) To set and collect fees and charges, in connection with its guaranties and servicing,
48-37	including without limitation reimbursement of costs of financing by the ~~authority~~ board, service
48-38	charges, and insurance premiums and fees and costs associated with implementing and
48-39	administering savings programs established pursuant to this chapter. Fees collected due to the
48-40	Rhode Island work-study program or due to unclaimed checks shall be deposited as general
48-41	revenues of the state.
48-42	(10) To enter into an agreement with any university to secure positions for Rhode Island
48-43	applicants in a complete course of study in its school of veterinary medicine, medicine, dentistry,
48-44	optometry, and three (3) positions in osteopathic medicine and to guarantee and pay the
48-45	university for each position.
48-46	(11) To enter into agreements with loan applicants providing preferential rates and terms
48-47	relative to other applicants; provided, that the loan applicants agree to work in a licensed child
48-48	care facility in Rhode Island for at least two (2) years upon completion or graduation in a course
48-49	of study in early childhood education or child care.
48-50	(12) To develop and administer, in conjunction with ~~the executive director of the Rhode~~
48-51	~~Island student loan authority and~~ the commissioner of higher education, savings programs on
48-52	behalf of itself, the state, students, parents, or any other private parties, all in cooperation with
48-53	any other public and private parties and in accordance with any criteria or guidelines as the
48-54	~~authority~~ board shall deem appropriate to effectuate the purposes of this chapter. To the extent
48-55	practicable, these savings programs shall provide students, parents, and others an opportunity to
48-56	participate conveniently and shall enable them to set aside relatively small amounts of money at a
48-57	time and shall incorporate or be available in conjunction with, directly or indirectly, tuition
48-58	agreements from as many eligible institutions as feasible.
48-59	(13) In connection with any savings program, the ~~authority~~ board may accept, hold, and
48-60	invest funds of students, parents, institutions of higher education, and others and may establish
48-61	special accounts for carrying out the purposes of this chapter.
48-62	(14) To enter into contracts with institutions of higher education, financial institutions,
48-63	financial consultants, attorneys, and other qualified entities on terms and conditions and for a
48-64	term as it may deem advisable or desirable for the purpose of establishing and maintaining
48-65	savings programs authorized pursuant to this chapter.
48-66	(15) To create and supervise a marketing plan dedicated to the promotion of savings
48-67	programs created pursuant to this chapter and to hire professional consultants and attorneys for
48-68	these purposes.
49-1	(16) To assist the general treasurer in the implementation of the college and university
49-2	savings bond program established under chapter 15 of title 35.
49-3	(b) The ~~authority~~ board shall enter into agreements with the prospective students to the
49-4	university for the repayment by the students of the money advanced under any terms and
49-5	conditions as are reasonable. The ~~authority~~ board may charge students interest on the money
49-6	advanced under this chapter at a fixed or variable rate not exceeding the greater of seven and one-
49-7	half percent (7 1/2%) per annum or the maximum rate allowable under 42 U.S.C. § 292 et seq.
49-8	and the regulations promulgated under that act by the United States office of education.
49-9	16-57-6.1. Tuition savings program. -- (a) The ~~authority~~ board shall, in conjunction
49-10	with the ~~executive director of the Rhode Island student loan authority~~ general treasurer and the
49-11	commissioner of higher education, establish in any form as it deems appropriate, a tuition savings
49-12	program to allow persons to save money for the sole purpose of meeting qualified higher
49-13	education expenses.
49-14	(b) All money received in connection with the tuition savings program shall be
49-15	segregated from all other funds of the ~~authority~~ board into two (2) funds, a program fund and an
49-16	administrative fund. No more than two percent (2%) of money in the program fund may be
49-17	transferred annually to the administrative fund for the purpose of paying operating costs of
49-18	administering the tuition savings program. Money accrued by participants in the program fund
49-19	may be used for payments to an eligible institution.
49-20	(c) The state investment commission shall invest money within the program fund in any
49-21	investments which are authorized by the general laws, including equities and fixed income
49-22	securities. The composition of investments shall be determined by the state investment
49-23	commission, subject to the approval of the ~~authority~~ board. The state investment commission
49-24	shall consider the recommendations of the commissioner of higher education and the ~~executive~~
49-25	~~director of the Rhode Island Student Loan Authority~~ general treasurer with respect to the
49-26	appropriate composition of investments within the program fund.
49-27	(d) A participant may at any time withdraw funds from the participant's account in the
49-28	tuition savings program in an amount up to the value of the account at the time the withdrawal is
49-29	implemented, less such administrative fee as may be levied by the ~~authority~~ board in connection
49-30	with the withdrawal.
49-31	(e) Notwithstanding any of the foregoing provisions, no administrative fee may be levied
49-32	by the ~~authority~~ board in the event that a participant requests withdrawal of funds from the
49-33	participant's account in the tuition savings program on account of, and within the meanings of §
49-34	529 of the Internal Revenue Code [26 U.S.C. § 529]:
50-1	(1) The death of the beneficiary of the account;
50-2	(2) The disability of the beneficiary; or
50-3	(3) A scholarship, allowance, or payment received by the beneficiary to the extent that
50-4	the amount of the refund does not exceed the amount of the scholarship, allowance, or payment.
50-5	(f) In the event that a participant requests a withdrawal from an account in the tuition
50-6	savings program other than (1) a withdrawal used for qualified higher education expenses of the
50-7	beneficiary of the account, or (2) for a reason referred to in subdivision (e)(1), (e)(2), or (e)(3) of
50-8	this section, the ~~authority~~ board shall impose a more than de minimus penalty on the earnings
50-9	portion of the withdrawal in accordance with § 529 of the Internal Revenue Code [26 U.S.C. §
50-10	529]; provided that no penalty shall be imposed with respect to any such withdrawal, or any other
50-11	withdrawal, from any account in the tuition savings plan to which the tax made applicable by §
50-12	529 of the Internal Revenue Code [26 U.S.C. § 529] is effective.
50-13	(g) Resources of the ~~authority~~ board and the Rhode Island student loan authority shall be
50-14	employed to effect implementation of the tuition savings program.
50-15	16-57-6.2. Ownership of assets – Transfer of ownership rights. -- (a) The participant
50-16	retains ownership of all assets properly allocated to an account maintained for the participant in
50-17	the tuition savings program up to the date of withdrawal or distribution of these from the
50-18	program.
50-19	(b) All assets of the tuition savings program shall be considered to be held in trust. As
50-20	required by the Internal Revenue Code, no interest in the tuition savings program or any portion
50-21	of these may be used as security for a loan.
50-22	(c) Any amounts paid to the administrative fund of the tuition savings program are owned
50-23	by the ~~authority~~ board. These amounts may include, but are not limited to, appropriated state
50-24	funds.
50-25	(d) A participant may transfer ownership rights in the tuition savings program to another
50-26	participant or designate a new beneficiary insofar as permitted by § 529 of the Internal Revenue
50-27	Code [26 U.S.C. § 529] under such conditions as the authority deems appropriate.
50-28	16-57-6.3. Tax exempt earnings. -- (a) For state income tax purposes, annual earnings of
50-29	the tuition savings program and the prepaid tuition program shall be exempt from tax to the
50-30	program, and shall not be includible in the Rhode Island income of either beneficiaries or
50-31	participants in the program until withdrawn or distributed from it, and then in accordance with
50-32	chapter 30 of title 44.
50-33	(b) The tax administrator, in consultation with the ~~authority~~ board, may adopt rules and
50-34	regulations necessary to monitor, implement, and administer the Rhode Island personal income
51-1	tax provisions referred to in subsection (a) relating to this chapter. These regulations shall provide
51-2	for each taxable year for the timely submission to the tax administrator by the program manager
51-3	of the tuition savings program of this information in the form the tax administrator shall prescribe
51-4	concerning contributions to, and withdrawals including transfers and rollovers from, the tuition
51-5	savings program during that year.
51-6	16-57-6.5. Annual audited financial report to the governor and general assembly. –
51-7	(a) The ~~authority~~ board, shall submit to the governor, the speaker of the house of representatives,
51-8	the president of the senate, and the secretary of state an annual audited financial report, prepared
51-9	in accordance with generally accepted accounting principles, on the operations of the tuition
51-10	savings program by November 1 of each year. The annual audit shall be made either by the
51-11	auditor general or by an independent certified public accountant approved by the auditor general
51-12	and shall include direct and indirect costs attributable to the use of outside consultants,
51-13	independent contractors, and any other persons who are not state employees.
51-14	(b) The annual audited financial report shall be supplemented by the following
51-15	information, to be submitted by April 1 of each year, on the operations of the program for the
51-16	previous calendar year:
51-17	(1) A summary of meetings or hearings held, meeting minutes, subjects addressed,
51-18	decisions rendered, rules or regulations promulgated, studies conducted, policies and plans
51-19	developed, approved, or modified, and programs administered or initiated; and a summary of any
51-20	clerical, administrative or technical support received; a summary of performance during the
51-21	previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of
51-22	hearings, complaints, suspensions or other legal matters related to the authority of the board; a
51-23	summary of any training courses held pursuant to subsection 16-57-7(a)(2); a briefing on
51-24	anticipated activities in the upcoming fiscal year; and findings and recommendations for
51-25	improvements;
51-26	(2) A summary of the benefits provided by the tuition savings program including the
51-27	number of participants and beneficiaries;
51-28	(3) Any other information which is relevant in order to make a full, fair and effective
51-29	disclosure of the assets and operations of the program; and
51-30	(4) The foregoing supplemental information shall be posted electronically on the general
51-31	assembly's and the secretary of state's websites as prescribed in § 42-20-8.2 of the Rhode Island
51-32	general laws. The director of the department of administration shall be responsible for the
51-33	enforcement of this provision.
52-34	16-57-7. ~~Directors, Officers, and employees~~ Officers and employees. -- (a)(1) ~~The~~
52-35	~~powers of the authority shall be vested in a board of directors consisting of nine (9) members, five~~
52-36	~~(5) of whom shall be appointed by the governor from among members of the general public, who~~
52-37	~~are qualified by training or experience in education finance or personal investment consulting and~~
52-38	~~made in accordance with subsection (b) of this section; three (3) of whom shall be appointed by~~
52-39	~~the governor, who shall give due consideration to the recommendations made by the chairperson~~
52-40	~~of the board of governors for higher education and by the Rhode Island Independent Higher~~
52-41	~~Education Association for those appointments; and the state general treasurer ex-officio or his or~~
52-42	~~her designee who shall be a subordinate from within the office of the general treasurer. All~~
52-43	~~gubernatorial appointments made to this board shall be subject to the advice and consent of the~~
52-44	~~senate. All board members first appointed to the board after the effective date of this act shall be~~
52-45	~~residents of this state. Designees of members serving ex-officio shall represent him or her at all~~
52-46	~~meetings of the board. Except for the chairpersons of the house and senate finance committees or~~
52-47	~~their designees who shall cease to be members of the authority upon the effective date of this act,~~
52-48	~~each member shall serve until his or her successor is appointed and qualified. The original~~
52-49	~~members appointed by the governor shall be appointed in a manner as to provide for the~~
52-50	~~expiration of the term of one member on the first day of July of each year.~~
52-51	~~(2) Newly appointed and qualified public members and designees of ex-officio members~~
52-52	~~shall, within six (6) months of their qualification or designation, attend a training course that shall~~
52-53	~~be developed with board approval and conducted by the chair of the board and shall include~~
52-54	~~instruction in the following areas: the provisions of chapters 16-57, 42-46, 36-14 and 38-2; and~~
52-55	~~the board's rules and regulations. The director of the department of administration shall, within~~
52-56	~~ninety (90) days of the effective date of this act, prepare and disseminate training materials~~
52-57	~~relating to the provisions of chapters 42-46, 36-14 and 38-2.~~
52-58	~~(3) Public members of the board shall be removable by the appointing authority for cause~~
52-59	~~only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the~~
52-60	~~office shall be unlawful.~~
52-61	~~(b) During the month of June of each year, the governor shall appoint a member to~~
52-62	~~succeed the member whose term will then next expire to serve for a term of five (5) years~~
52-63	~~commencing on the first day of July then next following, and after this, until a successor is~~
52-64	~~appointed and qualified. As soon as practicable after the effective date of this act, the governor~~
52-65	~~shall appoint a member to serve an initial term to expire on July 1, 2010. Thereafter, all members~~
52-66	~~appointed by the general treasurer shall be appointed to terms of five (5) years, and the governor~~
52-67	~~shall, during the month of June preceding the expiration of each term, appoint a member whose~~
52-68	~~term will then next expire. In the event of a vacancy occurring in the office of a member by death,~~
53-1	~~resignation, removal, or otherwise, the vacancy shall be filled in the same manner as an original~~
53-2	~~appointment but only for the remainder of the term of the former member.~~
53-3	~~(c) The directors shall receive no compensation for the performance of their duties under~~
53-4	~~this chapter, but each director shall be reimbursed for his or her reasonable expenses incurred in~~
53-5	~~carrying out the duties. A director may engage in private employment or in a profession or~~
53-6	~~business.~~
53-7	~~(d) Upon appointment and qualification of the original board of directors, and during the~~
53-8	~~month of July of each year after this, the board of directors shall elect one of its members to serve~~
53-9	~~as chairperson. The board may elect from among its members such other officers as they deem~~
53-10	~~necessary. Five (5) directors shall constitute a quorum and any action to be taken by the authority~~
53-11	~~under the provisions of this chapter may be authorized by resolution approved by a majority of~~
53-12	~~the directors present and voting at any regular or special meeting at which a quorum is present. A~~
53-13	~~vacancy in the membership of the board of directors shall not impair the right of a quorum to~~
53-14	~~exercise all the rights and perform all the duties of the authority.~~
53-15	~~(e) In addition to electing a chairperson, the board of directors shall appoint a secretary~~
53-16	~~and any additional officers and staff members as they shall deem appropriate. The board of~~
53-17	~~directors shall appoint an executive director who shall be in the unclassified service and vest in~~
53-18	~~that person or his or her subordinates the authorization to appoint~~ The board acting through the
53-19	commissioner of higher education shall appoint additional staff members who shall be in the non-
53-20	classified service and to determine the amount of compensation each individual shall receive.
53-21	~~Those persons who were regularly established full time employees of the authority, prior to~~
53-22	~~March 27, 1979, and who are required to be in the classified service may be placed in appropriate~~
53-23	~~classifications within the classified service without the requirement of competitive examination~~
53-24	~~(as approved by the executive director). All employees hired after March 27, 1979, will be hired~~
53-25	~~in accordance with the requirements of the classified service for examination, approved state lists,~~
53-26	~~and other procedures of the state division of personnel.~~ Those persons who were regularly
53-27	established full time employees of the authority, prior to March 27, 1979, shall have the right to
53-28	purchase retirement credits for the period commencing November 1, 1977, to March 27, 1979, at
53-29	the its full actuarial cost.
53-30	(2) ~~Any~~ All ~~employee~~ employees ~~in either the classified or unclassified service who was,~~
53-31	~~prior to his or her hiring by the authority, a participant in the retirement program adopted for~~
53-32	~~personnel at any state or private college shall have the option to either remain with that retirement~~
53-33	~~program while an employee of the authority or become a participant in the employees' retirement~~
53-34	~~system of the state~~ shall be required to participate in the board’s alternate retirement program
54-1	upon becoming eligible for membership in that program and shall have the options, if applicable,
54-2	as required by and set forth in 16-17.1-1 et seq.
54-3	~~(f)~~(b) No full time employee shall during the period of his or her employment by the
54-4	~~authority~~ board engage in any other private employment, profession, or business, except with the
54-5	approval of the board ~~of directors; provided, that the executive director shall not engage in any~~
54-6	~~other private employment, profession, or business, including, but not limited to consulting~~.
54-7	~~(g)~~(c) Notwithstanding any other law to the contrary, it shall not be or constitute a
54-8	conflict of interest for a director, officer, or employee of any financial institution, investment
54-9	banking firm, brokerage firm, commercial bank, trust company, savings and loan association,
54-10	credit union, insurance company, educational institution, or any other firm, person, or corporation
54-11	to serve as a ~~director~~ member of the ~~authority~~ board, nor shall any contract or transaction between
54-12	the ~~authority~~ board and any financial institution, investment banking firm, brokerage firm,
54-13	commercial bank, trust company, savings and loan association, credit union, insurance company,
54-14	educational institution, or any other firm, person, or corporation be void or voidable by reason of
54-15	any service as ~~director~~ a member of the ~~authority~~ board. If any director, officer, or employee of
54-16	the ~~authority~~ board shall be interested either directly or indirectly, or shall be a director, officer,
54-17	or employee of or have an ownership interest (other than as the owner of less than one percent
54-18	(1%) of the shares of a publicly held corporation) in any firm or corporation interested directly or
54-19	indirectly in any contract with the authority, the interest shall be disclosed to the ~~authority~~ board
54-20	and set forth in the minutes of the ~~authority~~ board, and the director, officer, or employee having
54-21	interest in this shall not participate on behalf of the authority in the authorization of any contract.
54-22	Interested ~~directors~~ members may be counted in determining the presence of a quorum at a
54-23	meeting of the board ~~of directors of the authority~~ which authorizes the contract or transaction.
54-24	~~(h)~~(d) Any action taken by the ~~authority~~ board under the provisions of this chapter may
54-25	be authorized by vote at any regular or special meeting, and each vote shall take effect
54-26	immediately.
54-27	~~(i)~~(e) The board ~~of directors~~ may designate from among its members an executive
54-28	committee and one or more other committees each of which, to the extent authorized by the board
54-29	~~of directors~~, shall have and may exercise all the authority of the board ~~of directors~~ set forth in this
54-30	chapter, but no committee shall have the authority of the board ~~of directors~~ in reference to the
54-31	disposition of all or substantially all the property and assets of the ~~authority~~ board or amending
54-32	the bylaws of the ~~authority~~ board.
54-33	16-57-8. Designated agency. -- The ~~authority~~ board is designated the state agency or
54-34	corporation to apply for, receive, accept, and disburse federal funds, and funds from other public
55-1	and private sources, made available to the state for use as reserves to guarantee student loans or as
55-2	administrative money to operate student loan programs, and is designated to administer any
55-3	statewide programs of student assistance that shall be established under federal law.
55-4	16-57-10. Reserve funds. -- To assure the continued operation and solvency of the
55-5	~~authority~~ board for the carrying out of its corporate purposes as set forth in this chapter, the
55-6	~~authority~~ board may create and establish any reserve funds as may be necessary or desirable for
55-7	its corporate purposes, and may pay into the funds any money appropriated and made available
55-8	by the state, the commissioner, or any other source for the purpose of the funds, and any money
55-9	collected by the authority as fees for the guaranty of eligible loans.
55-10	16-57-11. Exemption from taxation. -- (a) The exercise of the powers granted by this
55-11	chapter will be in all respects for the benefit of the people of this state, the increase of their
55-12	commerce, welfare, and prosperity and for the improvement of their living conditions and will
55-13	constitute the performance of an essential governmental function and the ~~authority~~ board shall not
55-14	be required to pay any taxes or assessments upon or in respect of any transaction or of any
55-15	property or money of the ~~authority~~ board, levied by any municipality or political subdivision of
55-16	the state.
55-17	(b) The ~~authority~~ board shall not be required to pay state taxes of any kind, and the
55-18	~~authority~~ board, its property, and money shall at all times be free from taxation of every kind by
55-19	the state and by the municipalities and all political subdivisions of the state. The ~~authority~~ board
55-20	shall not be required to pay any transfer tax of any kind on account of instruments recorded by it
55-21	or on its behalf.
55-22	16-57-12. Credit of state. -- Guaranties made under the provisions of this chapter shall
55-23	not constitute debts, liabilities, or obligations of the state or of any political subdivision of the
55-24	state other than the ~~authority~~ board or a pledge of the faith and credit of the state or any political
55-25	subdivision other than the ~~authority~~ board, but shall be payable solely from ~~the revenues or assets~~
55-26	~~of the authority~~ reserve funds set forth and established by the board pursuant to section 16-57-10.
55-27	16-57-13. Authorization to accept appropriated money. -- The ~~authority~~ board is
55-28	authorized to accept any money as may be appropriated by the general assembly for effectuating
55-29	its corporate purposes including, without limitation, the payment of the initial expenses of
55-30	administration and operation and the establishment of reserves or contingency funds to be
55-31	available for the payment of obligations of the ~~authority~~ board and to reimburse the authority for
55-32	sums forgiven pursuant to section 16-41-5.
55-33	16-57-14. Assistance by state officer, departments, boards, and commissions. -- (a)
55-34	All state agencies may render any services to the authority within their respective functions as
56-1	may be requested by the ~~authority~~ board.
56-2	(b) Upon request of the ~~authority~~ board, any state agency is authorized and empowered to
56-3	transfer to the ~~authority~~ board any officers and employees as it may deem necessary to assist the
56-4	~~authority~~ board in carrying out its functions and duties under this chapter. Officers and employees
56-5	transferred shall not lose their civil service status or rights.
56-6	16-57-15. Annual report. -- The ~~authority~~ board shall submit to the governor within four
56-7	(4) months after the close of its fiscal year a report of its activities for the preceding fiscal year,
56-8	and the report shall set forth a complete operating and financial statement covering the ~~authority’s~~
56-9	board’s operations under this chapter during the preceding fiscal year. The ~~authority~~ board shall
56-10	include in its report the names and addresses of each recipient. The ~~authority~~ board shall cause an
56-11	audit of its books and accounts related to its operation under this chapter to be made at least once
56-12	each fiscal year by certified public accountants selected by it and its cost shall be paid by the
56-13	~~authority~~ board from funds available to it pursuant to this chapter.
56-14	16-57-17. Other statutes. -- Nothing contained in this chapter shall restrict or limit the
56-15	powers of the ~~authority~~ board arising under any laws of this state except where those powers are
56-16	expressly contrary to the provisions of this chapter. This chapter shall be construed to provide a
56-17	complete additional and alternative method for doing the things authorized by it and shall be
56-18	regarded as supplemental and in addition to the powers conferred by other laws. The making of
56-19	any guaranty under the provisions of this chapter need not comply with the requirements of any
56-20	other statute applicable to the making of guaranties. Except as provided in this chapter no
56-21	proceedings or notice of approval shall be required for the making of any guaranty.
56-22	SECTION 2. Section 16-59-4 in Chapter 16-59 of the General Laws entitled “Board of
56-23	Governors for Higher Education” is hereby amended to read as follows:
56-24	16-59-4. Powers and duties of board. -- The board of governors for higher education
56-25	shall have, in addition to those enumerated in section 16-59-1, the following powers and duties:
56-26	(1) To approve a systematic program of information gathering, processing, and analysis
56-27	addressed to every level, aspect, and form of higher education in this state especially as that
56-28	information relates to current and future educational needs so that current needs may be met with
56-29	reasonable promptness and plans formulated to meet future needs as they arise in the most
56-30	efficient and economical manner possible.
56-31	(2) To approve a master plan defining broad goals and objectives for higher education in
56-32	the state including a comprehensive capital development program. These goals and objectives
56-33	shall be expressed in terms of what men and women should know and be able to do as a result of
56-34	their educational experience. The board of governors shall continuously evaluate the efforts and
57-1	results of education in the light of these objectives.
57-2	(3) To formulate broad policy to implement the goals and objectives established and
57-3	adopted by the board of governors, to adopt standards and require enforcement and to exercise
57-4	general supervision over all higher public education in the state and over independent higher
57-5	education in the state as provided in subdivision (8) of this section. The board of governors shall
57-6	not engage in the operation or administration of any subordinate committee, university, junior
57-7	college, or community college, except its own office of higher education and except as
57-8	specifically authorized by an act of the general assembly; provided, the presidents of each
57-9	institution of higher learning shall be the chief administrative and executive officers of that
57-10	institution; and provided that nothing contained in this section shall prohibit their direct access to
57-11	or interfere with the relationship between the presidents and the board of governors. The adoption
57-12	and submittal of the budget, the approval of tables of organization, the creation, abolishment, and
57-13	consolidation of departments, divisions, programs, and courses of study, and the acquisition,
57-14	holding, disposition, and general management of property shall not be construed to come within
57-15	the purview of the preceding prohibition. The board shall communicate with and seek the advice
57-16	of the commissioner of higher education and all those concerned with and affected by its
57-17	determinations as a regular procedure in arriving at its conclusions and in setting its policy.
57-18	(4) To prepare and maintain a five (5) year funding plan for higher education; to prepare
57-19	with the assistance of the commissioner of higher education and to present annually to the state
57-20	budget officer in accordance with section 35-3-4 a state higher educational budget, which shall
57-21	include, but not be limited to, the budget of the office of higher education and the budget of the
57-22	state colleges. In the preparation of the budget, the board shall determine priorities of
57-23	expenditures for public higher education purposes of state revenues and other public resources
57-24	made available for the support of higher public education. Nothing contained in this subdivision
57-25	shall authorize the board to alter the allocation of grants or aid otherwise provided by law.
57-26	(5) To maintain an office of higher education; to provide for its staffing and organization;
57-27	and to appoint a commissioner of higher education pursuant to section 16-59-6, who shall serve at
57-28	its pleasure. The commissioner of higher education and the office of higher education shall have
57-29	the duties and responsibilities as defined in sections 16-59-6 and 16-59-7.
57-30	(6) To appoint and dismiss presidents of the public institutions of higher learning with the
57-31	assistance of the commissioner of higher education, and to establish procedures for this, and with
57-32	the assistance of the commissioner to approve or disapprove vice presidents of the public
57-33	institutions of higher learning appointed by the respective presidents of the public institutions of
57-34	higher learning.
58-1	(7) To establish other educational agencies or subcommittees necessary or desirable for
58-2	the conduct of any or all aspects of higher education and to determine all powers, functions, and
58-3	composition of any agencies or subcommittees and to dissolve them when their purpose shall
58-4	have been fulfilled.
58-5	(8) To exercise the authority vested in the board of regents for education with relation to
58-6	independent higher educational institutions within the state under the terms of chapter 40 of this
58-7	title, and other laws affecting independent higher education in the state.
58-8	(9) To enforce the provisions of all laws relating to higher education, public and
58-9	independent.
58-10	(10) To be responsible for all the functions, powers, and duties which were vested in the
58-11	board of regents for education relating to higher education, including but not limited to the
58-12	following specific functions:
58-13	(i) To approve the tables of organization at public institutions of higher learning with the
58-14	assistance of the commissioner of higher education.
58-15	(ii) To adopt and require standard accounting procedures for the office of higher
58-16	education and all public colleges and universities.
58-17	(iii) To create, abolish, and consolidate departments, divisions, programs, and courses of
58-18	study within the public colleges and universities with the assistance of the commissioner of
58-19	higher education after consultation with the presidents.
58-20	(iv) To establish a clear and definitive mission for each public institution of higher
58-21	learning with the assistance of the commissioner of higher education.
58-22	(v) To promote maximum efficiency, economy, and cooperation in the delivery of public
58-23	higher educational services in the state and cooperation with independent institutions of higher
58-24	education.
58-25	(11) To incorporate into its own affirmative action reporting process periodic reports
58-26	monitoring specific faculty and staff searches by the chairperson of the search committee to
58-27	include the rationale for granting those interviews and the final hiring results. The institutions
58-28	must empower its affirmative action officer to monitor searches in this manner, to intervene
58-29	during the search, and, when necessary, to cause a search to cease if affirmative action goals are
58-30	not being adequately served.
58-31	(12) To incorporate a specific category for accountability on affirmative action goals and
58-32	implementation as part of the board's annual evaluations and three (3) year reviews for the
58-33	presidents of each of the public institutions of higher education.
59-34	(13) To make a formal request of the governor that whenever an opportunity arises to
59-35	make new appointments to the board, that the governor make every effort to increase the number
59-36	of African Americans, Native Americans, Asians, and Hispanics on the board.
59-37	(14) Within ninety (90) days after the end of each fiscal year, the board shall submit an
59-38	annual report to the governor, the speaker of the house of representatives, and the president of the
59-39	senate of its activities during that fiscal year. The report shall provide: an operating statement
59-40	summarizing meetings or hearings held, subjects addressed, decisions rendered, rules or
59-41	regulations promulgated, studies conducted, policies and plans developed, approved, or modified,
59-42	and programs administered or initiated; a consolidated financial statement of all funds received
59-43	and expended including the source of the funds, a listing of any staff supported by these funds,
59-44	and a summary of any clerical, administrative or technical support received; a summary of
59-45	performance during the previous fiscal year including accomplishments, shortcomings and
59-46	remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the
59-47	authority of the board; a briefing on anticipated activities in the upcoming fiscal year; and
59-48	findings and recommendations for improvements. The director of the department of
59-49	administration shall be responsible for the enforcement of the provisions of this subsection.
59-50	(15) The board shall conduct a training course for newly appointed and qualified
59-51	members within six (6) months of their qualification. The course shall be developed by the
59-52	chairperson of the board, approved by the board, and conducted by the chairperson of the board.
59-53	The board may approve the use of any board or staff members or other individuals to assist with
59-54	training. The training course shall include instruction in the following areas: the provisions of
59-55	chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of
59-56	administration shall, within ninety (90) days of the effective date of this act [March 24, 2006],
59-57	prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and
59-58	38-2.
59-59	(16) To exercise the authority and powers vested in the board of governors for higher
59-60	education with relation to higher education assistance, as set forth under the terms of chapter 57
59-61	of this title.
59-62	SECTION 3. Title 35 of the General Laws entitled “PUBLIC FINANCE” is hereby
59-63	amended by adding thereto the following chapter:
59-64	CHAPTER 35-1.1
59-65	OFFICE OF MANAGEMENT AND BUDGET
59-66	35-1.1-1. Statement of intent. -- The purpose of this chapter is to establish a
59-67	comprehensive public finance and management system for the State of Rhode Island that
59-68	manages a data-driven budget process, monitors state departments’ and agencies’ performance,
60-1	maximizes the application for and use of federal grants and ensures accountability and
60-2	transparency regarding the use of public funds.
60-3	35-1.1-2. Establishment of the office of management and budget. -- There is hereby
60-4	established within the department of administration an office of management and budget. This
60-5	office shall serve as the principal agency of the executive branch of state government for
60-6	managing budgetary functions, performance management, and federal grants management. In this
60-7	capacity, the office shall:
60-8	(1) Establish an in-depth form of data analysis within and between departments and
60-9	agencies, creating a more informed process for resource allocation to best meet the needs of
60-10	Rhode Island citizens;
60-11	(2) Identify federal grant funding opportunities to support the Governor’s and General
60-12	Assembly’s major policy initiatives and provide technical assistance with the application process
60-13	and post-award grants management;
60-14	(3) Analyze federal budgetary issues and report on potential impacts to the state;
60-15	(4) Coordinate the budget functions of the state with performance management
60-16	objectives;,
60-17	(5) Maximize efficiencies in departments, agencies, advisory councils and
60-18	instrumentalities of the State by improving processes and prioritizing programs;
60-19	(6) Upon the written request of the governor, the director of the department of
60-20	administration, or the director of the office of management and budget, the office shall conduct
60-21	audits, provide management advisory and consulting services, or conduct investigations relative
60-22	to the financial affairs or the efficiency of management, or both, of any state department or
60-23	agency. The office may from time to time make such investigations and additional reports to the
60-24	governor, the director of the department of administration or the director of the office of
60-25	management and budget shall deem necessary or advisable.
60-26	35-1.1-3. Director of management and budget – Appointment and responsibilities. –
60-27	(a) Within the department of administration there shall be a director of management and budget,
60-28	who shall be appointed by the director of administration with the approval of the governor. The
60-29	director shall be responsible to the governor and director of administration for supervising the
60-30	office of management and budget and for managing and providing strategic leadership and
60-31	direction to the budget officer, the performance management office, and the federal grants
60-32	management office.
60-33	(b) The director of management and budget shall be responsible to:
61-34	(1) Oversee, coordinate and manage the functions of the budget officer as set forth by
61-35	section 35-3, program performance management as set forth by section 35-3-24.1, approval of
61-36	agreements with federal agencies defined by section 35-3-25 and budgeting, appropriation and
61-37	receipt of federal monies as set forth by chapter 42-41;
61-38	(2)Manage federal fiscal proposals and guidelines, and serve as the State Clearinghouse
61-39	for the application of federal grants; and,
61-40	(3) Maximize the indirect cost recoveries by state agencies set forth by section 35-4-23.1.
61-41	35-1.1-4. Offices and functions assigned to the office management and budget –
61-42	Powers and duties. – (a) The offices assigned to the office of management and budget include
61-43	the budget office, the performance management office and the federal grants management office.
61-44	(b) The offices assigned to the office of management and budget shall:
61-45	(1) Exercise their respective powers and duties in accordance with their statutory
61-46	authority and the general policy established by the governor or by the director acting on behalf of
61-47	the governor or in accordance with the powers and authorities conferred upon the director by this
61-48	chapter;
61-49	(2) Provide such assistance or resources as may be requested or required by the governor
61-50	and/or the director;
61-51	(3) Provide such records and information as may be requested or required by the
61-52	governor and/or the director, to the extent allowed under the provisions of any applicable general
61-53	or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of
61-54	such records or information; and,
61-55	(c) Except as provided herein, no provision of this chapter or application thereof shall be
61-56	construed to limit or otherwise restrict the budget officer from fulfilling any statutory requirement
61-57	or complying with any valid rule or regulation.
61-58	35-1.1-5. Federal grants management. -- (a) The office of management and budget
61-59	shall be responsible for managing federal grant applications, providing administrative assistance
61-60	to agencies regarding reporting requirements, providing technical assistance and approving
61-61	agreements with federal agencies pursuant to section 35-1-1. The director shall:
61-62	(1) Establish state goals and objectives for maximizing the utilization of federal aid
61-63	programs;
61-64	(2) Ensure that the state establishes and maintains statewide federally-mandated grants
61-65	management processes and procedures as mandated by the federal Office of Management and
61-66	Budget;
61-67	(3) Promulgate procedures and guidelines for all state departments, agencies, advisory
61-68	councils, instrumentalities of the state and public higher education institutions covering
62-1	applications for federal grants;
62-2	(4) Require, upon request, any state department, agency, advisory council,
62-3	instrumentality of the state or public higher education institution receiving a grant of money from
62-4	the federal government to submit a report to the director of expenditures and program measures
62-5	for the fiscal period in question;
62-6	(5) Ensure state departments and agencies adhere to the requirements of section 42-41-
62-7	5 regarding Legislative appropriation authority and delegation thereof;
62-8	(6) Assist the state controller in managing and overseeing the disbursements of federal
62-9	funds in accordance with section 35-6-42;
62-10	(7) Assist the state controller in the preparation of the statewide cost allocation plan and
62-11	serve as the monitoring agency to ensure that state departments and agencies are working within
62-12	the guidelines contained in the plan; and,
62-13	(8) Provide technical assistance to agencies to ensure resolution and closure of all single
62-14	state audit findings and recommendations made by the Auditor General related to Federal
62-15	funding.
62-16	(b) The office of management and budget shall serve as the State Clearinghouse for
62-17	purposes of coordinating federal grants, aid and assistance applied for and/or received by any
62-18	state department, agency, advisory council or instrumentality of the state. Any state department,
62-19	agency, advisory council, or instrumentality of the state applying for federal funds, aids, loans, or
62-20	grants shall file a summary notification of the intended application with the director.
62-21	(1) When as a condition to receiving federal funds, the state is required to match the
62-22	federal funds, a statement shall be filed with the notice of intent or summary of the application
62-23	stating:
62-24	(i) The amount and source of state funds needed for matching purposes;
62-25	(ii) The length of time the matching funds shall be required;
62-26	(iii) The growth of the program;
62-27	(iv) How the program will be evaluated;
62-28	(v) What action will be necessary should the federal funds be canceled, curtailed, or
62-29	restricted; and,
62-30	(vi) Any other financial and program management data required by the office or by law.
62-31	(2) Except as otherwise required, any application submitted by an executive agency for
62-32	federal funds, aids, loans, or grants which will require state matching or replacement funds at the
62-33	time of application or at any time in the future, must be approved by the director or their
62-34	designated agents prior to its filing with the appropriate federal agency. Any application
63-1	submitted by an executive agency for federal funds, aids, loans, or grants which will require state
63-2	matching or replacement funds at the time of application or at any time in the future, when funds
63-3	have not been appropriated for that express purpose, must be approved by the General Assembly
63-4	in accordance with section 42-41-5. When the general assembly is not in session, the application
63-5	shall be reported to and reviewed by the Director pursuant to rules and regulations promulgated
63-6	by the Director.
63-7	(3) When any federal funds, aids, loans, or grants are received by any state department,
63-8	agency, advisory council or instrumentality of the state, a report of the amount of funds received
63-9	shall be filed with the office; and this report shall specify the amount of funds which would
63-10	reimburse an agency for indirect costs, as provided for under federal OMB Circular A-87.
63-11	(4) The director may refuse to issue approval for the disbursement of any state or federal
63-12	funds from the State Treasury as the result of any application which is not approved as provided
63-13	by this section, or in regard to which the statement or reports required by this section were not
63-14	filed.
63-15	(5) The director shall be responsible for the orderly administration of this section and for
63-16	issuing the appropriate guidelines and regulations from each source of funds used.
63-17	35-1.1-6. Office of Management and Budget expenses. -- (a) There is created a
63-18	restricted receipt account for the office of management and budget to be known as OMB
63-19	administrative expense account. Payments from the account shall be limited to expenses for
63-20	administrative oversight and management of federal and state funds received by the state
63-21	agencies..
63-22	(b) All amounts deposited in the office of management and budget accounts shall be
63-23	exempt from the indirect cost recovery provisions of section 35-4-27.
63-24	(c) The office of management and budget is authorized to receive indirect costs on federal
63-25	funds to cover oversight expenses
63-26	35-1.1-7. Appointment of employees. – The director of administration, subject to the
63-27	provisions of applicable state law, shall be the appointing authority for all employees of the office
63-28	of management and budget. The director of administration may delegate this function to such
63-29	subordinate officers and employees of the office as may to him or her seem feasible or desirable.
63-30	35-1.1-8. Appropriations and disbursements. – The general assembly shall annually
63-31	appropriate such sums as it may deem necessary for the purpose of carrying out the provisions of
63-32	this chapter. The state controller is hereby authorized and directed to draw his or her orders upon
63-33	the general treasurer for the payment of such sum or sums, or so much thereof as may from time
63-34	to time be required, upon receipt by him or her of proper vouchers approved by the director of the
64-1	office of management and budget, or his or her designee.
64-2	35-1.1-9. Cooperation of other state executive branch agencies. – (a) The departments
64-3	and other agencies of the state of the executive branch that have not been assigned to the
64-4	executive office of management and budget under this chapter shall assist and cooperate with the
64-5	executive office as may be required by the governor and/or requested by the director of
64-6	management and budget, this assistance may include, but not be limited to, utilizing staff
64-7	resources from other departments or agencies for special projects within a defined period of time
64-8	to improve processes within agencies and/or lead to cost savings.
64-9	(b) Within thirty (30) days following the date of the issuance of a final audit report
64-10	completed pursuant to subdivision 35-1.1-2(6) , the head of the department, agency or private
64-11	entity audited shall respond in writing to each recommendation made in the final audit report.
64-12	This response shall address the department's, agency's or private entity's plan of implementation
64-13	for each specific audit recommendation and, if applicable, the reasons for disagreement with any
64-14	recommendation proposed in the audit report. Within one year following the date on which the
64-15	audit report was issued, the office may perform a follow-up audit for the purpose of determining
64-16	whether the department, agency or private entity has implemented, in an efficient and effective
64-17	manner, its plan of action for the recommendations proposed in the audit report.
64-18	35-1.1-10. Organizational reviews and special initiatives. – (a) The director of the
64-19	office of management and budget is hereby directed to conduct research and analysis to study the
64-20	powers, duties and programs of the department of environmental management, coastal resource
64-21	management council, Narragansett Bay estuary program, Rhode Island bays, rivers, and
64-22	watersheds coordination team, and the Narragansett Bay national estuarine research reserve and
64-23	recommend a plan for the organizational structure of environmental and coastal marine programs.
64-24	The director of the office of management and budget is authorized to consult with the appropriate
64-25	federal agencies and departments that provide funds to, or delegate authority to, the state
64-26	environmental and coastal resource management agencies listed above.
64-27	(b) This plan shall address the goal of improving efficiency of environmental and coastal
64-28	marine programs; identifying similar programs that are being performed; and optimizing
64-29	effectiveness of performance while providing sufficient support to the governance structure of
64-30	environmental and coastal marine management.
64-31	(c) The office of management and budget is directed to report findings,
64-32	recommendations, and alternative designs to the governor and general assembly no later than
64-33	November 1, 2012 with copies to the governor, speaker of the house, senate president, chairs of
64-34	the house and senate finance committees and their respective fiscal advisors.
65-1	(d) The report shall include a strategic plan that outlines the mission, goals, the estimated
65-2	cost and timelines to implement said recommendations, and the federal and state mandates
65-3	associated with the current programs. The report shall provide a clear definition of roles and
65-4	responsibilities, including those responsible for implementing the proposed recommendations.
65-5	The analysis shall develop outcome measures and an appropriate timeline to measure
65-6	implementation progress. It shall also include:
65-7	(1) An examination of the various organizational structures in other states, evaluating
65-8	their strengths and weaknesses, and how they may or may not be applicable in Rhode Island. This
65-9	should include an evaluation of the best practices regarding organizational structures for
65-10	environmental and coastal resource management, and consider the benefits and costs associated
65-11	with these structures to Rhode Island programs.
65-12	(2) An analysis of what programs and responsibilities could be more efficiently
65-13	implemented and managed. This should include, but not be limited to, strategies to reorganize and
65-14	or centralize environmental and coastal resource management programs.
65-15	(3) An evaluation of the federal, state and other revenues that support these programs,
65-16	and the impacts on revenues and expenses associated with the alternatives and recommendations.
65-17	(e) The department of environmental management, coastal resource management council,
65-18	Narragansett Bay estuary program, Rhode Island bays, rivers, and watersheds coordination team,
65-19	and the Narragansett Bay national estuarine research reserve shall furnish such advice and
65-20	information, documentary or otherwise, to the director of the office of management and budget as
65-21	is deemed necessary or desirable to facilitate the purposes of the study.
65-22	35-1.1-11. Rules and regulations. – The office of management and budget shall be
65-23	deemed an agency for purposes of section 42-35-1, et seq. of the Rhode Island general laws. The
65-24	director shall make and promulgate such rules and regulations, and establish fee schedules not
65-25	inconsistent with state law and fiscal policies and procedures as he or she deems necessary for the
65-26	proper administration of this chapter and to carry out the policy and purposes thereof.
65-27	35-1.1-12. Severability. – If any provision of this chapter or the application thereof to
65-28	any person or circumstance is held invalid, such invalidity shall not effect other provisions or
65-29	applications of the chapter, which can be given effect without the invalid provision or application,
65-30	and to this end the provisions of this chapter are declared to be severable.
65-31	SECTION 4. Section 35-1-1 of the General Laws in Chapter 35-1 entitled “Fiscal
65-32	Functions of Department of Administration” is hereby amended to read as follows:
65-33	35-1.1. Approval of agreements with federal agencies. – No department or agency of
65-34	the state shall enter into an agreement with a federal agency involving state funds without the
66-1	approval of the ~~director of administration or the director's~~ director of the office of management
66-2	and budget or his or her duly authorized agents.
66-3	SECTION 5. Sections 35-3-1 and 35-3-24.1 of the General Laws in Chapter 35-3 entitled
66-4	“State Budget” are hereby amended to read as follows:
66-5	35-3.1. Budget officer – General powers and duties. – (a) Within the ~~department of~~
66-6	~~administration~~ office of management and budget there shall be a budget officer who shall be
66-7	appointed by the director of administration with the approval of the governor. The budget officer
66-8	shall be required to:
66-9	(1) Exercise budgetary control over all state departments and agencies and perform
66-10	management analyses;
66-11	(2) Operate an appropriation allotment system;
66-12	(3) Prepare the annual budget of the receipts and expenditures of the state;
66-13	(4) Develop long term activity and financial programs, particularly capital improvement
66-14	programs;
66-15	(5) Approve or disapprove all requests for new personnel and to investigate periodically
66-16	the need of all existing positions in the state service and report thereon to the director of
66-17	administration; and
66-18	(6) Prepare a five (5) year financial projection of anticipated general revenue receipts and
66-19	expenditures, including detail of principal revenue sources and expenditures by major program
66-20	areas, which projection shall be included in the budget submitted to the general assembly
66-21	pursuant to § 35-3-7.
66-22	(b) The budget officer may approve or disapprove requisitions for equipment, materials,
66-23	and supplies.
66-24	(c) The budget officer's duties and powers relating to budgetary controls and personnel
66-25	requests of the legislative and judicial departments shall be purely ministerial, concerned only
66-26	with the availability of the funds, and in no event shall the budget officer interpose his or her
66-27	judgment regarding the wisdom or expediency of items of expenditure.
66-28	35-3.24. Program performance measurement. – (a) Beginning with the fiscal year
66-29	ending June 30, 1997, the governor shall submit, as part of each budget submitted to the general
66-30	assembly pursuant to § 35-3-7, performance objectives for each program in the budget for the
66-31	ensuing fiscal year, estimated performance data for the fiscal year in which the budget is
66-32	submitted, and actual performance data for the preceding two (2) completed fiscal years.
66-33	Performance data shall include efforts at achieving equal opportunity hiring goals as defined in
66-34	the department's annual affirmative action plan. The governor shall, in addition, recommend
67-1	appropriate standards against which to measure program performance. Performance in prior years
67-2	may be used as a standard where appropriate. These performance standards shall be stated in
67-3	terms of results obtained.
67-4	(b) The governor may submit, in lieu of any part of the information required to be
67-5	submitted pursuant to subsection (a), an explanation of why the information cannot, as a practical
67-6	matter be submitted.
67-7	(c)(1) The office of management and budget shall be responsible for managing and
67-8	collecting program performance measures on behalf of the governor. The office is authorized to
67-9	conduct performance reviews and audits of agencies to determine progress towards achieving
67-10	performance objectives for programs.
67-11	(2) In order to collect performance measures from agencies, review performance and
67-12	provide recommendations the office of budget and management is authorized to conduct audits of
67-13	any state department, state agency, or private entity that is a recipient of state funding or state
67-14	grants. As deemed necessary or expedient by the office, audits may be made relative to the
67-15	financial affairs or the economy and efficiency of management of each department and agency.
67-16	The office shall determine which such audits shall be performed in accordance with a risk-based
67-17	evaluation.
67-18	SECTION 6. Section 35-7-3.1 of Chapter 35-7 of the General Laws entitled, “Post Audit
67-19	of Accounts” is hereby amended to read as follows:
67-20	35-7.3.1. Cost of forensic examinations. – When it is determined by ~~the bureau of audits~~
67-21	the office of management and budget that an audit is necessary because there is sufficient
67-22	evidence to believe that there may have been fiscal impropriety, wrongdoing or fiscal
67-23	mismanagement by any employee, board member, or commissioner of any state agency or
67-24	authority as defined in § 42-35-1, the ~~bureau of audits~~ office of management and budget may
67-25	conduct a forensic examination of such entity. All costs associated with the forensic examination
67-26	shall be paid, as deemed appropriate, either by the examined entity or by an appropriation
67-27	proposed by the governor and enacted by the general assembly. Such costs shall include, but not
67-28	be limited to, the following expenses:
67-29	(1) One hundred percent (100%) of the total salaries and benefits paid to the examining
67-30	personnel of the ~~bureau of audits~~ office engaged in those examinations;
67-31	(2) All costs associated with the procurement of a forensic consultant;
67-32	(3) All costs associated with a consultant that provides expertise pertinent to the
67-33	examinee's operations;
68-34	(4) All reasonable technology costs related to the forensic examination process.
68-35	Technology costs shall include the actual cost of software and hardware utilized in the
68-36	examination process and the cost of training examination personnel in the proper use of the
68-37	software hardware.
68-38	SECTION 7. Section 36-4-2 of the General Laws in Chapter 36-4 entitled “Merit
68-39	System” is hereby amended to read as follows:
68-40	36-4.2. Positions in unclassified service. – The classified service shall comprise all
68-41	positions in the state service now existing or hereinafter established, except the following specific
68-42	positions which with other positions heretofore or hereinafter specifically exempted by legislative
68-43	act shall constitute the unclassified service:
68-44	(1) Officers and legislators elected by popular vote and persons appointed to fill
68-45	vacancies in elective offices.
68-46	(2) Employees of both houses of the general assembly.
68-47	(3) Officers, secretaries, and employees of the office of the governor, office of the
68-48	lieutenant governor, department of state, department of the attorney general, and the treasury
68-49	department.
68-50	(4) Members of boards and commissions appointed by the governor, members of the state
68-51	board of elections and the appointees of the board, members of the commission for human rights
68-52	and the employees of the commission, and directors of departments.
68-53	(5) The following specific offices:
68-54	(i) In the department of administration: director, chief information officer, director of
68-55	office of management and budget, and director of performance management within the office of
68-56	management and budget;
68-57	(ii) In the department of business regulation: director;
68-58	(iii) In the department of elementary and secondary education: commissioner of
68-59	elementary and secondary education;
68-60	(iv) In the department of higher education: commissioner of higher education;
68-61	(v) In the department of health: director;
68-62	(vi) In the department of labor and training: director, administrative assistant,
68-63	administrator of the labor board and legal counsel to the labor board;
68-64	(vii) In the department of environmental management: director;
68-65	(viii) In the department of transportation: director;
68-66	(ix) In the department of human services: director and director of veterans' affairs;
68-67	(x) In the state properties committee: secretary;
69-68	(xi) In the workers' compensation court: judges, administrator, deputy administrator,
69-69	clerk, assistant clerk, clerk secretary;
69-70	(xii) In the division of elderly affairs: director;
69-71	(xiii) In the department of behavioral healthcare, developmental disabilities and hospitals:
69-72	director;
69-73	(xiv) In the department of corrections: director, assistant director (institutions/operations),
69-74	assistant director (rehabilitative services), assistant director (administration), and wardens;
69-75	(xv) In the department of children, youth and families: director, one assistant director,
69-76	one associate director, and one executive director;
69-77	(xvi) In the public utilities commission: public utilities administrator;
69-78	(xvii) In the water resources board: general manager;
69-79	(xviii) In the human resources investment council: executive director.
69-80	(xix) In the office of health and human services: secretary of health and human services.
69-81	(6) Chief of the hoisting engineers, licensing division, and his or her employees;
69-82	executive director of the veterans memorial building and his or her clerical employees.
69-83	(7) One confidential stenographic secretary for each director of a department and each
69-84	board and commission appointed by the governor.
69-85	(8) Special counsel, special prosecutors, regular and special assistants appointed by the
69-86	attorney general, the public defender and employees of his or her office, and members of the
69-87	Rhode Island bar occupying a position in the state service as legal counsel to any appointing
69-88	authority.
69-89	(9) The academic and/or commercial teaching staffs of all state institution schools, with
69-90	the exception of those institutions under the jurisdiction of the board of regents for elementary
69-91	and secondary education and the board of governors for higher education.
69-92	(10) Members of the military or naval forces, when entering or while engaged in the
69-93	military or naval service.
69-94	(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the
69-95	supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic
69-96	tribunal, jurors and any persons appointed by any court.
69-97	(12) Election officials and employees.
69-98	(13) Executive high sheriff, chief deputy sheriff, sheriffs, deputy sheriffs, and other
69-99	employees of the sheriffs division within the department of public safety.
69-100	(14) Patient or inmate help in state charitable, penal, and correctional institutions and
69-101	religious instructors of these institutions and student nurses in training, residents in psychiatry in
69-102	training, and clinical clerks in temporary training at the institute of mental health within the state
70-1	of Rhode Island medical center.
70-2	(15)(i) Persons employed to make or conduct a temporary and special inquiry,
70-3	investigation, project or examination on behalf of the legislature or a committee therefor, or on
70-4	behalf of any other agency of the state if the inclusion of these persons in the unclassified service
70-5	is approved by the personnel administrator. The personnel administrator shall notify the house
70-6	fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person
70-7	in the unclassified service.
70-8	(ii) The duration of the appointment of a person, other than the persons enumerated in
70-9	this section, shall not exceed ninety (90) days or until presented to the department of
70-10	administration. The department of administration may extend the appointment another ninety (90)
70-11	days. In no event shall the appointment extend beyond one hundred eighty (180) days.
70-12	(16) Members of the division of state police within the department of public safety.
70-13	(17) Executive secretary of the Blackstone Valley district commission.
70-14	(18) Artist and curator of state owned art objects.
70-15	(19) Mental health advocate.
70-16	(20) Child advocate.
70-17	(21) The position of aquaculture coordinator and marine infrastructure specialist within
70-18	the coastal resources management council.
70-19	(22) Employees of the office of the health insurance commissioner.
70-20	(23) In the department of revenue: the director, secretary, attorney.
70-21	(24) In the department of public safety: the director.
70-22	SECTION 8. Sections 35-7-1, 35-7-3, 37-7-5 and 37-5-5.1 of the general laws in chapter
70-23	35-7 entitled “Post Audit of Accounts” are hereby repealed.
70-24	~~35-7-1. Bureau of audits. –~~ ~~The director of administration shall create a bureau of audits~~
70-25	~~which shall conduct all audits required by any department.~~
70-26	~~35-7-3. Audits performed by the bureau of audits. –~~ ~~(a) The bureau of audits is~~
70-27	~~authorized to conduct audits of any state department, state agency, or private entity that is a~~
70-28	~~recipient of state funding or state grants. As deemed necessary or expedient by the bureau of~~
70-29	~~audits, audits may be made relative to the financial affairs or the economy and efficiency of~~
70-30	~~management of each department and agency. The bureau of audits shall determine which such~~
70-31	~~audits shall be performed in accordance with a risk-based evaluation. Unless there is an issue of~~
70-32	~~misappropriation, the provisions of this section shall not apply to non-profit organizations.~~
70-33	~~(b) Within twenty (20) days following the date of the issuance of the final audit report,~~
70-34	~~the head of the department, agency or private entity audited shall respond in writing to each~~
71-1	~~recommendation made in the final audit report. This response shall address the department's,~~
71-2	~~agency's or private entity's plan of implementation for each specific audit recommendation and, if~~
71-3	~~applicable, the reasons for disagreement with any recommendation proposed in the audit report.~~
71-4	~~Within one year following the date on which the audit report was issued, the bureau of audits may~~
71-5	~~perform a follow-up audit for the purpose of determining whether the department, agency or~~
71-6	~~private entity has implemented, in an efficient and effective manner, its plan of action for the~~
71-7	~~recommendations proposed in the audit report.~~
71-8	~~(c) The bureau of audits shall maintain a full record of each audit. In the event that~~
71-9	~~information gathered as a result of an audit indicates that criminal activity may have occurred, the~~
71-10	~~chief of the bureau of audits may provide such information to a state or federal law enforcement~~
71-11	~~agency. For any such information that is otherwise exempt from public disclosure under the~~
71-12	~~provisions of Rhode Island general law § 38-2-1 et seq., the provision of such information to a~~
71-13	~~law enforcement agency shall not therefore require that this information be further disclosed.~~
71-14	~~(d) Copies of each audit report, the written response to the audit report, and the results of~~
71-15	~~each follow-up audit as described in subsection (b) above shall be submitted to the chairpersons~~
71-16	~~of the house finance committee and the senate finance committee.~~
71-17	~~35-7-5. Investigations or management advisory and consulting services upon request~~
71-18	~~of governor or general assembly.~~ – ~~The bureau of audits shall, upon the written request of the~~
71-19	~~governor, the director of the department of administration, or of either branch of the general~~
71-20	~~assembly, conduct audits, provide management advisory and consulting services, or conduct~~
71-21	~~investigations relative to the financial affairs or the economy and efficiency of management, or~~
71-22	~~both, of any state department or agency. The bureau of audits may from time to time make such~~
71-23	~~investigations and additional reports to the governor, the director of the department of~~
71-24	~~administration, and the general assembly as the chief of the bureau shall deem necessary or~~
71-25	~~advisable.~~
71-26	~~35-7-5.1. Management advisory and consulting services provided to state agencies~~
71-27	~~and departments. –~~ ~~When requested in writing by the head of a state department or agency to the~~
71-28	~~director of administration, the bureau of audits may provide management advisory or consulting~~
71-29	~~services to the department or agency. Any such request must include the scope of services~~
71-30	~~requested and a schedule for the work to be performed.~~
71-31	SECTION 9. Chapter 42-12 of the General Laws entitled “Department of Human
71-32	Services” is hereby amended by adding thereto the following section:
71-33	42-12.1-5. Transfer of functions from the office of energy resources. – (a) There is
71-34	hereby transferred from the office of energy resources to the department of human services the
72-1	administration, management, all functions and resources associated with :
72-2	(1) The federal low-income home energy assistance program, which provides heating
72-3	assistance to eligible low-income persons and any state funded or privately funded heating
72-4	assistance program of a similar nature assigned to it for administration;
72-5	(2) The weatherization assistance program, which offers home weatherization grants and
72-6	heating system upgrades to eligible persons of low-income; and,
72-7	(3) The emergency fuel program, which provides oil deliveries to families experiencing a
72-8	heating emergency.
72-9	(b) The department is authorized to request advisory assistance from the office of energy
72-10	resources in order to maintain continuity of assistance provided to LIHEAP eligible households
72-11	pursuant to section 39-2-1(d).
72-12	SECTION 10. Sections 23-82-3 and 23-82-6 of the General Laws in Chapter 23-82
72-13	entitled “Implementation of the Regional Greenhouse Gas Initiative Act” are hereby amended to
72-14	read as follows:
72-15	23-82-3. Definitions. -- As used in this chapter:
72-16	(1) "Allowance" means an authorization to emit a fixed amount of carbon dioxide;
72-17	(2) "Department" means department of environmental management;
72-18	(3) "Regional greenhouse gas initiative" or "RGGI" means the memorandum of
72-19	understanding (MOU) dated December 20, 2005, as may be amended, and corresponding model
72-20	rule, as may be amended, that establishes an electric power sector carbon emissions cap and trade
72-21	program.
72-22	(4) "Office" means the office of energy resources; and
72-23	(5) "Council" means the energy efficiency and resources management council.
72-24	(6) “Board” means the renewable energy coordinating board established pursuant to
72-25	chapter 42-140.3.
72-26	23-82-6. Use of auction or sale proceeds. -- (a) The proceeds from the auction or sale of
72-27	the allowances shall be used for the benefit of energy consumers through investment in the most
72-28	cost-effective available projects that can reduce long-term consumer energy demands and costs.
72-29	Such proceeds may be used only for the following purposes, in a proportion to be determined
72-30	annually by the office in consultation with the council, board, and the department:
72-31	(1) Promotion cost-effective energy efficiency and conservation;
72-32	(2) Promotion of cost-effective renewable non-carbon emitting energy technologies as
72-33	defined in Rhode Island general law § 39-26-5;
73-34	(3) Cost-effective direct rate relief for consumers;
73-35	(4) Direct rate relief for low-income consumers;
73-36	(5) Reasonable compensation to an entity selected to administer the auction or sale; and
73-37	(6) Reasonable costs of the department and office in administering this program, which
73-38	shall not ~~in any year~~ exceed three hundred thousand dollars ($300,000) or five percent (5%) of
73-39	the proceeds from sale or auction of the allowances, whichever is less. Administrative funds not
73-40	expended in any fiscal year shall remain in the administrative account.
73-41	(b) Any interest earned on the funds so generated must be credited to the fund. Funds not
73-42	spent in any fiscal year shall remain in the fund to be used for future energy efficiency and carbon
73-43	reduction programs.
73-44	(c) Annually, the office, in consultation with ~~the department and~~ the council, and the
73-45	board, shall prepare a draft proposal on how the proceeds from the allowances shall be allocated.
73-46	The draft proposal shall be designed to augment and coordinate with existing energy efficiency
73-47	and renewable energy ~~low-income~~ programs, and shall not propose use of auction proceeds for
73-48	projects already funded under other programs. The proposal for allocation of proceeds in
73-49	subsections 23-82-6(1), (2) and (3) shall be one that best achieves the purposes of the law,
73-50	namely, lowering carbon emissions and minimizing costs to consumers over the long term. The
73-51	office shall hold a public hearing and accept public comment on the draft proposal in accordance
73-52	with chapter 42-35 (the "Administrative Procedure Act"). Once the proposal is final, the
73-53	~~department~~ office shall authorize the disbursement of funds in accordance with the final plan.
73-54	(d) The office shall prepare, in consultation with ~~the department and~~ the council and the
73-55	board, a report by January 1st of each year describing the implementation and operation of RGGI,
73-56	the revenues collected and the expenditures made under this section, the statewide energy
73-57	efficiency and carbon reduction programs, and any recommendations for changes to law relating
73-58	to the state's energy conservation or carbon reduction efforts. The report shall be made public and
73-59	shall also be submitted to the general assembly.
73-60	SECTION 11. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled “Duties of
73-61	Utilities and Carriers” is hereby amended to read as follows:
73-62	39-2-1.2. Utility base rate – Advertising, demand side management and renewables.
73-63	-- (a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or providing
73-64	heat, electricity, or water to or for the public shall include as part of its base rate any expenses for
73-65	advertising, either direct or indirect, which promotes the use of its product or service, or is
73-66	designed to promote the public image of the industry. No public utility may furnish support of
73-67	any kind, direct, or indirect, to any subsidiary, group, association, or individual for advertising
73-68	and include the expense as part of its base rate. Nothing contained in this section shall be deemed
74-1	as prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or
74-2	educational in nature, which is designed to promote public safety conservation of the public
74-3	utility's product or service. The public utilities commission shall promulgate such rules and
74-4	regulations as are necessary to require public disclosure of all advertising expenses of any kind,
74-5	direct or indirect, and to otherwise effectuate the provisions of this section.
74-6	(b) Effective as of January 1, 2008, and for a period of ten (10) years thereafter, each
74-7	electric distribution company shall include charges per kilowatt-hour delivered to fund demand
74-8	side management programs and 0.3 mills per kilowatt-hour delivered to fund renewable energy
74-9	programs. The electric distribution company shall establish and after July 1, 2007, maintain two
74-10	(2) separate accounts, one for demand side management programs, which shall be administered
74-11	and implemented by the distribution company, subject to the regulatory reviewing authority of the
74-12	commission, and one for renewable energy programs, which shall be administered by the
74-13	~~economic development corporation~~ office of energy resources pursuant to § ~~42-64-13.2~~ 42-140-
74-14	10 and, shall be held and disbursed by the distribution company as directed by the ~~economic~~
74-15	~~development corporation~~ office of energy resources for the purposes of developing, promoting
74-16	and supporting renewable energy programs.
74-17	During the ten (10) year period the commission may, in its discretion, after notice and
74-18	public hearing, increase the sums for demand side management and renewable resources;
74-19	thereafter, the commission shall, after notice and public hearing, determine the appropriate charge
74-20	for these programs. The office of energy resources ~~and/or the administrator of the renewable~~
74-21	~~energy programs~~ may seek to secure for the state an equitable and reasonable portion of
74-22	renewable energy credits or certificates created by private projects funded through those
74-23	programs. As used in this section, "renewable energy resources" shall mean: (1) power generation
74-24	technologies as defined in § 39-26-5, "eligible renewable energy resources", including off-grid
74-25	and on-grid generating technologies located in Rhode Island as a priority; (2) research and
74-26	development activities in Rhode Island pertaining to eligible renewable energy resources and to
74-27	other renewable energy technologies for electrical generation; or (3) projects and activities
74-28	directly related to implementing eligible renewable energy resources projects in Rhode Island.
74-29	Technologies for converting solar energy for space heating or generating domestic hot water may
74-30	also be funded through the renewable energy programs~~, so long as these technologies are installed~~
74-31	~~on housing projects that have been certified by the executive director of the Rhode Island housing~~
74-32	~~and mortgage finance corporation as serving low-income Rhode Island residents~~. Fuel cells may
74-33	be considered an energy efficiency technology to be included in demand sided management
74-34	programs. Special rates for low-income customers in effect as of August 7, 1996 shall be
75-1	continued, and the costs of all of these discounts shall be included in the distribution rates
75-2	charged to all other customers. Nothing in this section shall be construed as prohibiting an electric
75-3	distribution company from offering any special rates or programs for low-income customers
75-4	which are not in effect as of August 7, 1996, subject to the approval by the commission.
75-5	(c) ~~On or before November 15, 2008, the economic development corporation shall create~~
75-6	~~the municipal renewable energy investment program. utilizing the lesser of fifty percent (50%) or~~
75-7	~~one million dollars ($1,000,000) collected annually from the .3 mils per kilo-watt hour charge for~~
75-8	~~renewable energy programs, to fund qualified municipal renewable energy projects in accordance~~
75-9	~~with this chapter and the following provisions:~~ On or before September 15, 2012 the office of
75-10	energy resources shall create a renewable energy investment program in accordance with section
75-11	39-26-7 and section 42-140-10. Any funds not expended from the renewable energy development
75-12	fund in a given year shall remain in the fund and shall be distributed in the next award cycle.
75-13	~~(1) The municipal renewable energy investment programs shall be administered pursuant~~
75-14	~~to rules established by the economic development corporation. Said rules shall provide~~
75-15	~~transparent criteria to rank qualified municipal renewable energy projects, giving consideration~~
75-16	~~to:~~
75-17	~~(i) the feasibility of project completion;~~
75-18	~~(ii) the anticipated amount of renewable energy the project will produce;~~
75-19	~~(iii) the potential of the project to mitigate energy costs over the life of the project; and~~
75-20	~~(iv) the estimated cost per kilo-watt hour (kwh) of the energy produced from the project.~~
75-21	~~Municipalities that have not previously received financing from this program shall be given~~
75-22	~~priority over those municipalities that have received funding under this program.~~
75-23	~~(2) Beginning on January 1, 2009, the economic development corporation shall solicit~~
75-24	~~proposals from municipalities for eligible projects and shall award grants, in accordance with the~~
75-25	~~rules and ranking criteria, of no more than five hundred thousand dollars ($500,000) to each~~
75-26	~~eligible project.~~
75-27	~~(3) Any funds not expended from the municipal renewable energy investment programs~~
75-28	~~in a given year shall remain in the fund and be added to the balance to be distributed in the next~~
75-29	~~award cycle. For the purposes of this section, qualified municipal renewable energy projects~~
75-30	~~means any project that produces renewable energy resources and whose output of power and~~
75-31	~~other attributes is controlled in its entirety by at least one Rhode Island city or town.~~
75-32	~~(d) On or before November 15, 2008, the economic development corporation shall create~~
75-33	~~the nonprofit affordable housing renewable energy investment program utilizing the lesser of ten~~
75-34	~~percent (10%) or two hundred thousand dollars ($200,000) collected annually from the.3 mils per~~
76-1	~~kilo-watt hour charge for renewable energy programs to fund qualified nonprofit affordable~~
76-2	~~housing renewable energy projects in accordance with this chapter and the following provisions:~~
76-3	~~(1) The nonprofit affordable housing renewable energy investment programs shall be~~
76-4	~~administered pursuant to rules established by the economic development corporation in~~
76-5	~~consultation with the Rhode Island housing mortgage finance corporation. Said rules shall~~
76-6	~~provide transparent criteria to rank qualified nonprofit affordable housing renewable energy~~
76-7	~~projects, giving consideration to:~~
76-8	~~(i) the feasibility of project completion;~~
76-9	~~(ii) the anticipated amount of renewable energy the project will produce;~~
76-10	~~(iii) the potential of the project to mitigate energy costs over the life of the project; and~~
76-11	~~(iv) the estimated cost per kilo-watt hour (kwh) of the energy produced from the project.~~
76-12	~~Nonprofit affordable housing agencies that have not previously received financing from this~~
76-13	~~program shall be given priority over those agencies that have received funding under this~~
76-14	~~program.~~
76-15	~~(2) Beginning on January 1, 2009, the economic development corporation, in consultation~~
76-16	~~with the Rhode Island housing and mortgage finance corporation, shall solicit proposals from~~
76-17	~~eligible nonprofit housing agencies for renewable energy projects and shall award grants, in~~
76-18	~~accordance with the rules and ranking criteria. The economic development corporation shall~~
76-19	~~consult with the Rhode Island housing and mortgage finance corporation in the grant-making~~
76-20	~~process and shall notify the corporation of the awardees.~~
76-21	~~(3) Any funds not expended from the affordable housing renewable energy investment~~
76-22	~~program in a given year shall remain in the fund and be added to the balance to be distributed in~~
76-23	~~the next award cycle. For the purposes of this section, "qualified nonprofit affordable housing~~
76-24	~~renewable energy projects" means any project that produces renewable energy resources and~~
76-25	~~whose output of power and other attributes is controlled in its entirety by at least one nonprofit~~
76-26	~~affordable housing development as defined in § 42-55-3 and is restricted to producing energy for~~
76-27	~~the nonprofit affordable housing development.~~
76-28	~~(e)~~(d) The ~~executive director of the economic development corporation~~ commissioner of
76-29	the office of energy resources is authorized to enter into a contract with a vendor for the cost
76-30	effective administration and technical assistance of the renewable energy programs funded by this
76-31	section. ~~A competitive bid and contract award for administration of the renewable energy~~
76-32	~~programs may occur every three (3) years and shall include as a condition that after July 1, 2008~~
76-33	~~the account for the renewable energy programs shall be maintained and administered by the~~
76-34	~~economic development corporation as provided for in subdivision (b) above.~~
77-1	~~(f)~~(e) Effective January 1, 2007, and for a period of eleven (11) years thereafter, each gas
77-2	distribution company shall include, with the approval of the commission, a charge per deca therm
77-3	delivered to demand side management programs, including, but not limited to, programs for cost-
77-4	effective energy efficiency, energy conservation, combined heat and power systems, and
77-5	weatherization services for low income households.
77-6	~~(g)~~(f) The gas company shall establish a separate account for demand side management
77-7	programs, which shall be administered and implemented by the distribution company, subject to
77-8	the regulatory reviewing authority of the commission. The commission may establish
77-9	administrative mechanisms and procedures that are similar to those for electric demand side
77-10	management programs administered under the jurisdiction of the commissions and that are
77-11	designed to achieve cost-effectiveness and high life-time savings of efficiency measures
77-12	supported by the program.
77-13	~~(h)~~(g) The commission may, if reasonable and feasible, except from this demand side
77-14	management change:
77-15	(i) gas used for distribution generation; and
77-16	(ii) gas used for the manufacturing processes, where the customer has established a self-
77-17	directed program to invest in and achieve best effective energy efficiency in accordance with a
77-18	plan approved by the commission and subject to periodic review and approval by the
77-19	commission, which plan shall require annual reporting of the amount invested and the return on
77-20	investments in terms of gas savings.
77-21	~~(i)~~(h) The commission may provide for the coordinated and/or integrated administration
77-22	of electric and gas demand side management programs in order to enhance the effectiveness of
77-23	the programs. Such coordinated and/or integrated administration may after March 1, 2009, upon
77-24	the recommendation of the office of energy resources, be through one or more third-party entities
77-25	designated by the commission pursuant to a competitive selection process.
77-26	~~(j)~~(i) Effective January 1, 2007, the commission shall allocate from demand-side
77-27	management gas and electric funds authorized pursuant to this § 39-2-1.2, an amount not to
77-28	exceed two percent (2%) of such funds on an annual basis for the retention of expert consultants,
77-29	and reasonable administrations costs of the ~~energy efficiency and resources management council~~
77-30	office of energy resources associated with planning, management, and evaluation of energy
77-31	efficiency programs, renewable energy programs and least-cost procurement, and with regulatory
77-32	proceedings, contested cases, and other actions pertaining to the purposes, powers and duties of
77-33	the council and office of energy resources ~~which allocation may by mutual agreement, be used in~~
77-34	~~coordination with the office of energy resources to support such activities~~. The energy efficiency
78-1	and resources management council may request funding from the office of energy resources to
78-2	carry out the purposes of the council.
78-3	SECTION 12. Section 39-26-7 of the General Laws in Chapter 39-26 entitled
78-4	“Renewable Energy Standard” is hereby amended to read as follows:
78-5	39-26-7. Renewable energy development fund. -- (a) There is hereby authorized and
78-6	created within the ~~economic development corporation~~ office of energy resources a renewable
78-7	energy development fund for the purpose of increasing the supply of NE-GIS certificates
78-8	available for compliance in future years by obligated entities with renewable energy standard
78-9	requirements, as established in this chapter. The fund shall be located at and administered by the
78-10	~~Rhode Island economic development corporation~~ office of energy resources in ~~accrodance~~
78-11	accordance with § ~~42-64-13.2~~ 42-140-10. The ~~economic development corporation~~ office of
78-12	energy resources shall: ~~Adopt~~ adopt plans and guidelines for the management and use of the fund
78-13	in accordance with § ~~42-64-13.2~~ this section and 42-140-10, and;
78-14	(b) The ~~economic development corporation~~ office of energy resources shall enter into
78-15	agreements with obligated entities to accept alternative compliance payments, consistent with
78-16	rules of the commission and the purposes set forth in this section; and alternative compliance
78-17	payments received pursuant to this section shall be trust funds to be held and applied solely for
78-18	the purposes set forth in this section.
78-19	(c) The uses of the fund shall include but not be limited to:
78-20	(1) Stimulating investment in renewable energy development by entering into
78-21	agreements, including multi-year agreements, for renewable energy certificates;
78-22	(2) Issuing assurances and/or guarantees to support the acquisition of renewable energy
78-23	certificates and/or the development of new renewable energy sources for Rhode Island;
78-24	(3) Establishing escrows, reserves, and/or acquiring insurance for the obligations of the
78-25	fund;
78-26	(4) Paying administrative costs of the fund incurred by ~~the economic development~~
78-27	~~corporation, the board of trustees, or~~ the office of energy resources, not to exceed ten percent
78-28	(10%) of the income of the fund, including, but not limited to, alternative compliance payments.
78-29	All funds ~~transferred from the economic development corporation~~ to support the office of energy
78-30	resources' administrative costs shall be deposited as restricted receipts.
78-31	(d) NE-GIS certificates acquired through the fund may be conveyed to obligated entities
78-32	or may be credited against the renewable energy standard for the year of the certificate provided
78-33	that the commission assesses the cost of the certificates to the obligated entity, or entities,
78-34	benefiting from the credit against the renewable energy standard, which assessment shall be
79-1	reduced by previously made alternative compliance payments and shall be paid to the fund.
79-2	SECTION 13. Section 42-64-13.2 of the General Laws in Chapter 42-64 entitled “Rhode
79-3	Island Economic Development Corporation” is hereby repealed.
79-4	~~42-64-13.2. Renewable energy investment coordination.~~ – ~~(a) Intent. To develop an~~
79-5	~~integrated organizational structure to secure for Rhode Island and its people the full benefits of~~
79-6	~~cost-effective renewable energy development from diverse sources.~~
79-7	~~(b) Definitions. For purposes of this section, the following words and terms shall have the~~
79-8	~~meanings set forth in RIGL 42-64-3 unless this section provides a different meaning. Within this~~
79-9	~~section, the following words and terms shall have the following meanings:~~
79-10	~~(1) "Corporation" means the Rhode Island economic development corporation.~~
79-11	~~(2) "Municipality" means any city or town, or other political subdivision of the state.~~
79-12	~~(3) "Office" means the office of energy resources established by chapter 42-140.~~
79-13	~~(c) Purpose. The corporation is authorized to integrate the management of public funds to~~
79-14	~~promote the expansion and sound development of renewable energy resources by providing~~
79-15	~~coordinated and cost-effective use of funds from:~~
79-16	~~(1) The renewable energy program of the demand side management program as set forth~~
79-17	~~in § 39-2-1.2; and~~
79-18	~~(2) The renewable energy development fund of the renewable energy standard, as set~~
79-19	~~forth in chapter 39-26.~~
79-20	~~(3) The office of energy resources from the sale of allowances under the greenhouse gas~~
79-21	~~initiative act to the extent available for renewable energy, as set forth in chapter 23-82.~~
79-22	~~(d) Renewable energy development fund. The corporation shall, in the furtherance of its~~
79-23	~~responsibilities to promote and encourage economic development, establish and administer a~~
79-24	~~renewable energy development fund as provided for in § 39-26-7, may exercise the powers set~~
79-25	~~forth in this chapter, as necessary or convenient to accomplish this purpose, and shall provide~~
79-26	~~such administrative support as may be needed for the coordinated administration of the renewable~~
79-27	~~energy standard as provided for in chapter 39-26 and the renewable energy program established~~
79-28	~~by § 39-2-1.2. The corporation may upon the request of any person undertaking a renewable~~
79-29	~~energy facility project, grant project status to the project, and a renewable energy facility project,~~
79-30	~~which is given project status by the corporation, shall be deemed an energy project of the~~
79-31	~~corporation.~~
79-32	~~(e) Duties. The corporation shall, with regards to renewable energy project investment:~~
79-33	~~(1) Establish by rule, in consultation with the office, standards for financing renewable~~
79-34	~~energy projects from diverse sources.~~
80-1	~~(2) Enter into agreements, consistent with this chapter and renewable energy investment~~
80-2	~~plans adopted by the office, to provide support to renewable energy projects that meet applicable~~
80-3	~~standards established by the corporation. Said agreements may include contracts with~~
80-4	~~municipalities and public corporations.~~
80-5	~~(f) Conduct of activities.~~
80-6	~~(1) To the extent reasonable and practical, the conduct of activities under the provisions~~
80-7	~~of this chapter shall be open and inclusive; the director shall seek, in addressing the purposes of~~
80-8	~~this chapter, to involve the research and analytic capacities of institutions of higher education~~
80-9	~~within the state, industry, advocacy groups, and regional entities, and shall seek input from~~
80-10	~~stakeholders including, but not limited to, residential and commercial energy users.~~
80-11	~~(2) By January 1, 2009, the director shall adopt:~~
80-12	~~(A) Goals for renewable energy facility investment which is beneficial, prudent, and from~~
80-13	~~diverse sources;~~
80-14	~~(B) A plan for a period of five (5) years, annually upgraded as appropriate, to meet the~~
80-15	~~aforementioned goals; and~~
80-16	~~(C) Standards and procedures for evaluating proposals for renewable energy projects in~~
80-17	~~order to determine the consistency of proposed projects with the plan.~~
80-18	~~(g) Reporting. On March 1, of each year after the effective date of this chapter, the~~
80-19	~~corporation shall submit to the governor, the president of the senate, the speaker of the house of~~
80-20	~~representatives, and the secretary of state, a financial and performance report. These reports shall~~
80-21	~~be posted electronically on the general assembly and the secretary of state's websites as~~
80-22	~~prescribed in § 42-20-8.2. The reports shall set forth:~~
80-23	~~(1) The corporation's receipts and expenditures in each of the renewable energy program~~
80-24	~~funds administered in accordance with this section.~~
80-25	~~(2) A listing of all private consultants engaged by the corporation on a contract basis and~~
80-26	~~a statement of the total amount paid to each private consultant from the two (2) renewable energy~~
80-27	~~funds administered in accordance with this chapter; a listing of any staff supported by these~~
80-28	~~funds, and a summary of any clerical, administrative or technical support received; and~~
80-29	~~(3) A summary of performance during the prior year including accomplishments and~~
80-30	~~shortcomings; project investments, the cost-effectiveness of renewable energy investments by the~~
80-31	~~corporation; and recommendations for improvement.~~
80-32	SECTION 14. Sections 42-140-3, 42-140-7 and 42-140-9 of the General Laws in Chapter
80-33	42-140 entitled “Rhode Island Energy Resources Act” are hereby amended to read as follows:
81-34	42-140-3. Purposes. -- The purposes of the office shall be to:
81-35	(1) Develop and put into effect plans and programs to promote, encourage, and assist the
81-36	provision of energy resources for Rhode Island in a manner that enhances economic well-being,
81-37	social equity, and environmental quality;
81-38	(2) Monitor, forecast, and report on energy use, energy prices, and energy demand and
81-39	supply forecasts, and make findings and recommendations with regard to energy supply diversity,
81-40	reliability, and procurement, including least-cost procurement;
81-41	(3) Develop and to put into effect plans and programs to promote, encourage and assist
81-42	the efficient and productive use of energy resources in Rhode Island, and to coordinate energy
81-43	programs for natural gas, electricity, and heating oil to maximize the aggregate benefits of
81-44	conservation and efficiency of investments;
81-45	(4) Monitor and report technological developments that may result in new and/or
81-46	improved sources of energy supply, increased energy efficiency, and reduced environmental
81-47	impacts from energy supply, transmission and distribution;
81-48	(5) Administer the programs, duties, and responsibilities heretofore exercised by the state
81-49	energy office, except as these may be assigned by executive order to other departments and
81-50	agencies of state government;
81-51	(6) Develop, recommend and, as appropriate, implement integrated and/or comprehensive
81-52	strategies, including at regional and federal levels, to secure Rhode Island's interest in energy
81-53	resources, their supply and efficient use, and as necessary to interact with persons, private sector,
81-54	non-profit, regional, federal entities and departments and agencies of other states to effectuate this
81-55	purpose;
81-56	(7) Cooperate with agencies, departments, corporations, and entities of the state and of
81-57	political subdivisions of the state in achieving its purposes;
81-58	(8) Cooperate with and assist the state planning council and the division of state planning
81-59	in developing, maintaining, and implementing state guide plan elements pertaining to energy and
81-60	renewable energy;
81-61	(9) Administer and/or provide advice, as assigned by law or executive order, state and
81-62	federally funded or authorized energy programs, which may include, but not be limited to:
81-63	(i) The federal low-income home energy assistance program which provides heating
81-64	assistance to eligible low-income persons and any state funded or privately funded heating
81-65	assistance program of a similar nature assigned to it for administration;
81-66	(ii) The weatherization assistance program which offers home weatherization grants and
81-67	heating system upgrades to eligible persons of low-income;
82-68	(iii) The emergency fuel program which provides oil deliveries to families experiencing a
82-69	heating emergency;
82-70	(iv) The energy conservation program, which offers service and programs to all sectors;
82-71	and
82-72	(v) The renewable energy program established under Rhode Island general laws chapter
82-73	39-2.
82-74	~~(10) Advise the economic development corporation in the development of standards and~~
82-75	~~rules for the solicitation and award of renewable energy program investment funds in accordance~~
82-76	~~with § 42-64-13.2;~~
82-77	~~(11)~~(10) Develop, recommend, and evaluate energy programs for state facilities and
82-78	operations in order to achieve and demonstrate the benefits of energy-efficiency, diversification
82-79	of energy supplies, energy conservation, and demand management; and
82-80	~~(12)~~(11) Advise the governor and the general assembly with regard to energy resources
82-81	and all matters relevant to achieving the purposes of the office.
82-82	42-140-7. Conduct of activities. -- (a) To the extent reasonable and practical, the
82-83	conduct of activities under the provisions of this chapter shall be open and inclusive; the
82-84	commissioner and the council shall seek in addressing the purposes of the office to involve the
82-85	research and analytic capacities of institutions of higher education within the state, industry,
82-86	advocacy groups, and regional entities, and shall seek input from stakeholders including, but not
82-87	limited to, residential and commercial energy users.
82-88	(b) The commissioner shall ~~transmit any unencumbered funds from the renewable energy~~
82-89	~~program under chapter 39-2 to the economic development corporation to be administered in~~
82-90	~~accordance with a the provisions of § 39-2-1.2.~~ adopt, in the manner as set forth in section 42-
82-91	140-9, investment and/or procurement standards and procedures for evaluating proposals for
82-92	renewable energy projects in order to determine the consistency of proposed projects with the
82-93	renewable energy program adopted pursuant to section 39-2 and section 39-26-7.
82-94	42-140-9. Adoption of standards, procedures and rules. -- The commissioner shall
82-95	have the authority to adopt, amend, and implement such rules as may be necessary to or desirable
82-96	to effectuate the purposes of this chapter. In However, in any rule making by the commissioner,
82-97	the commissioner shall consider as a matter of record the ~~advise~~ advice of the energy resources
82-98	council.
82-99	SECTION 15. Chapter 42-140 of the general laws entitled, “Rhode Island Energy
82-100	Resources Act” is hereby amended by adding thereto the following section:
82-101	42-140-10. Renewable energy investment coordination. -- (a) Intent. To develop an
82-102	integrated organizational structure to secure for Rhode Island and its people the full benefits of
83-1	cost-effective renewable energy development from diverse sources.
83-2	(b) Purpose. The office is authorized to integrate the management of public funds to
83-3	promote the expansion and sound development of renewable energy resources by providing
83-4	coordinated and cost-effective use of funds from:
83-5	(1) The renewable energy program of the demand side management program, as set forth
83-6	in § 39-2-1.2; and
83-7	(2) The renewable energy development fund of the renewable energy standard, as set
83-8	forth in chapter 39-26.
83-9	(3) The sale of allowances under the greenhouse gas initiative act to the extent available
83-10	for renewable energy, as set forth in chapter 23-82.
83-11	(c) Renewable energy development fund. The office shall, in the furtherance of its
83-12	responsibilities to promote the provision of energy resources for Rhode Island, establish and
83-13	administer a renewable energy development fund as provided for in § 39-26-7, may exercise the
83-14	powers set forth in this chapter, as necessary or convenient to accomplish this purpose, and shall
83-15	provide such administrative support as may be needed for the coordinated administration of the
83-16	renewable energy standard as provided for in chapter 39-26 and the renewable energy program
83-17	established by § 39-2-1.2.
83-18	(d) Duties. The office shall, with regards to renewable energy project investment:
83-19	(1) Establish standards for financing renewable energy projects from diverse sources.
83-20	(2) Enter into agreements, consistent with this chapter and renewable energy investment
83-21	plans adopted by the office, to provide support to renewable energy projects that meet applicable
83-22	standards established by the office. Said agreements may include contracts with municipalities
83-23	and public corporations.
83-24	(e) Conduct of activities.
83-25	(1) To the extent reasonable and practical, the conduct of activities under the provisions
83-26	of this section shall be open and inclusive; the commissioner shall seek, in addressing the
83-27	purposes of this chapter, to involve the research and analytic capacities of institutions of higher
83-28	education within the state, industry, advocacy groups, and regional entities, and shall seek input
83-29	from stakeholders including, but not limited to, residential and commercial energy users.
83-30	(f) Reporting. On March 1, of each year the office shall submit to the governor, the
83-31	president of the senate, the speaker of the house of representatives, and the secretary of state, a
83-32	financial and performance report. These reports shall be posted electronically on the general
83-33	assembly and the secretary of state's websites as prescribed in § 42-20-8.2. The reports shall set
83-34	forth:
84-1	(1) The office’s receipts and expenditures in each of the renewable energy program funds
84-2	administered in accordance with this section.
84-3	(2) A listing of all private consultants engaged by the office on a contract basis and a
84-4	statement of the total amount paid to each private consultant from the two (2) renewable energy
84-5	funds administered in accordance with this chapter; a listing of any staff supported by these
84-6	funds, and a summary of any clerical, administrative or technical support received; and
84-7	(3) A summary of performance during the prior year including accomplishments and
84-8	shortcomings; project investments, the cost-effectiveness of renewable energy investments by the
84-9	office; and recommendations for improvement.
84-10	SECTION 16. Sections 42-140.1-3 and 42-140.1-6 of the General Laws in Chapter 42-
84-11	140.1 entitled “The Rhode Island Energy Efficiency and Resource Management Council” are
84-12	hereby amended to read as follows:
84-13	42-140-1-3. Establishment of council -- Purposes. -- (a) There is hereby authorized,
84-14	created and established a council to be known as "The Rhode Island Energy Efficiency and
84-15	Resources Management Council" with the powers and duties set forth in this chapter.
84-16	(b) The purposes of this council are to:
84-17	(1) Evaluate and make recommendations to the office of energy resources, including, but
84-18	not limited to, plans and programs, with regard to the optimization of energy efficiency, energy
84-19	conservation, energy resource development; and the development of a plan for least-cost
84-20	procurement for Rhode Island; and
84-21	(2) Provide consistent, comprehensive, informed and publicly accountable stake-holder
84-22	involvement in energy efficiency, energy conservation, and energy resource management; and
84-23	(3) Monitor and evaluate the effectiveness of programs to achieve energy efficiency,
84-24	energy conservation, and diversification of energy resources; and
84-25	(4) Promote public understanding of energy issues and of ways in which energy
84-26	efficiency, energy conservation, and energy resource diversification and management can be
84-27	effectuated.
84-28	42-140-1-6. Additional general powers. -- In order to effectuate its powers and duties
84-29	the council has the following powers:
84-30	(a) To make any studies of conditions, activities, or problems related to the state's energy
84-31	needs, usage, and supplies to carry out its responsibilities.
84-32	(b) To adopt amend bylaws, to establish committees, to elect and/or appoint officers and
84-33	agents, and to engage consultants and professional services as necessary and appropriate to fulfill
84-34	its purposes.
85-1	(c) To accept and administer grants from the ~~federal government and from other sources,~~
85-2	~~public or private~~, office of energy resources for the carrying out of any of its functions, which
85-3	loans or grants shall not be expended for other than the purposes for which provided.
85-4	(d) To work with the appropriate federal, regional, and state agencies, and private
85-5	entities.
85-6	(e) To apply for, accept and expend allocations, grants and bequests of funds from the
85-7	office of energy resources, for the purpose of carrying out the lawful responsibilities of the
85-8	council.
85-9	SECTION 17. Section 42-17.1-17 of the General Laws in Chapter 42-17.1 entitled
85-10	“Department of Environmental Management” is hereby amended to read as follows:
85-11	42-17.1-17. Transfer of powers and functions from department of environmental
85-12	management. -- (a) There are hereby transferred to the department of administration:
85-13	(1) Those functions of the department of environmental management which were
85-14	administered through or with respect to departmental programs in the performance of strategic
85-15	planning as defined in § 42-11-10(c);
85-16	(2) All officers, employees, agencies, advisory councils, committees, commissions, and
85-17	task forces of the department of environmental management who were performing strategic
85-18	planning functions as defined in § 42-11-10(c); and
85-19	(3) So much of other functions or parts of functions and employees and resources,
85-20	physical and funded, related thereto of the director of environmental management as are
85-21	incidental to and necessary for the performance of the functions transferred by subdivisions (1)
85-22	and (2).
85-23	~~(b) There are hereby transferred to the department of public safety dispatch functions of~~
85-24	~~the division of enforcement of the department of environmental management.~~
85-25	~~(c) In order that there is no interruption in the dispatch functions of the division of~~
85-26	~~enforcement, the actual transfer of the dispatch functions, corresponding resources, and personnel~~
85-27	~~to the department of public safety, may be postponed until such time, as determined by the~~
85-28	~~director of public safety, that the transfer provided herein may be best put into force and effect,~~
85-29	~~but shall occur no later than January 1, 2012 and shall be reflected in the FY 2012 supplemental~~
85-30	~~budget submission.~~
85-31	SECTION 18. This article shall take effect upon passage.
85-32	ARTICLE 5
85-33	RELATING TO CAPITAL DEVELOPMENT PROGRAM
86-34	SECTION 1. Proposition to be submitted to the people. -- At the general election to be
86-35	held on the Tuesday next after the first Monday in November 2012, there shall be submitted to
86-36	the people for their approval or rejection the following proposition:
86-37	"Shall the action of the general assembly, by an act passed at the January 2012 session,
86-38	authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the
86-39	capital projects and in the amount with respect to each such project listed below be approved, and
86-40	the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the
86-41	provisions of said act?"
86-42	Project
86-43	(1) Higher Education Facilities $109,900,000
86-44	Approval of this question will allow the State of Rhode Island to issue general obligation
86-45	bonds, refunding bonds, and temporary notes in an amount not to exceed sixty-five million two
86-46	hundred thousand dollars ($65,200,000) for the construction of a new University of Rhode
86-47	Island/Rhode Island College nursing education building and forty-four million seven hundred
86-48	thousand dollars ($44,700,000) for renovations and modernization of academic buildings at
86-49	Rhode Island College.
86-50	(2) Transportation $21,500,000
86-51	Approval of this question will authorize the State of Rhode Island to issue general
86-52	obligation bonds, refunding bonds, and temporary notes in an amount not to exceed twenty
86-53	million dollars ($20,000,000) to match federal funds and provide direct funding for improvements
86-54	to the state’s highways, roads, and bridges and one million five hundred thousand dollars
86-55	($1,500,000) to purchase buses and other vehicles for the Rhode Island Public Transit
86-56	Authority.
86-57	(3) Clean Water Finance Agency $20,000,000
86-58	Approval of this question will authorize the State of Rhode Island to issue general
86-59	obligation bonds, refunding bonds, and temporary notes in an amount not to exceed twelve
86-60	million dollars ($12,000,000) to be leveraged with federal and state capitalization grants to
86-61	finance wastewater infrastructure projects and eight million dollars ($8,000,000) to be leveraged
86-62	with federal and state capitalization grants to finance drinking water infrastructure projects.
86-63	(4) Environmental Management $25,000,000
86-64	Approval of this question will allow the State of Rhode Island to issue general obligation
86-65	bonds, refunding bonds, and temporary notes for environmental and recreational purposes to be
86-66	allotted as follows:
86-67	(a) Narragansett Bay and Watershed Restoration $4,000,000
87-68	Provides funds for activities to restore and protect the water quality and enhance the
87-69	economic viability and environmental sustainability of Narragansett Bay and the state’s
87-70	watersheds. Eligible activities include: nonpoint source pollution abatement, including
87-71	stormwater management; nutrient loading abatement; commercial, industrial and agricultural
87-72	pollution abatement; and riparian buffer and watershed ecosystem restoration.
87-73	(b) State Land Acquisition – Open Space $2,500,000
87-74	Provides funds for the purchase of land, development rights and conservation easements
87-75	in Rhode Island. This program acquires recreational and open space lands for the State of Rhode
87-76	Island in accordance with the Rhode Island Comprehensive Outdoor Recreation Plan, Land
87-77	Protection Plan, and the Rhode Island Greenspace 2000 plan.
87-78	(c) Farmland Development Rights $4,500,000
87-79	Provides funds for the purchase of agricultural development rights to active farms in
87-80	Rhode Island. The State purchases the development rights to farms to eliminate the economic
87-81	pressure on farmers to sell properties for residential and commercial development. The
87-82	Agricultural Land Preservation Commission accepts and evaluates farmland applications for these
87-83	funds.
87-84	(d) Local Land Acquisition Grants $2,500,000
87-85	Provides funds for grants to municipalities, local land trusts and non-profit organizations
87-86	to acquire fee-simple title, development rights, or conservation easements to open space in Rhode
87-87	Island. The grants provide funding up to fifty percent (50%) of the purchase price for land,
87-88	surveys, appraisals and title costs. The grant applications are reviewed and evaluated by the
87-89	Governor’s Natural Heritage Preservation Commission according to the program guidelines.
87-90	(e) Local Recreation Grants $3,500,000
87-91	Provides grants to municipalities for acquisition, development, or rehabilitation of local
87-92	recreational facilities. These grants provide funding assistance up to fifty percent (50%) of the
87-93	project costs. All grant applications are evaluated and ranked by the State Recreation Resources
87-94	Review Committee.
87-95	(f) Historic/Passive Parks $1,000,000
87-96	Provides grants to municipalities for the renovation and development of historic and
87-97	passive recreation areas. The grants provide funding assistance of up to ninety percent (90%) of
87-98	the project costs. All grant applications are evaluated and ranked by the State Recreation
87-99	Resources Review Committee.
87-100	(g) Local Recreation – Distressed Communities $2,000,000
87-101	Provides grants to distressed communities for acquisition, development, or rehabilitation
87-102	of local recreation facilities. Grants provide funding assistance of up to ninety percent (90%) of
88-1	the project costs for development and cost for parkland acquisition. The five cities eligible under
88-2	the current program guidelines are: Providence, West Warwick, Pawtucket, Central Falls, and
88-3	Woonsocket.
88-4	(h) State Recreation Facilities $5,000,000
88-5	Provides funds for asset protection, infrastructure, and facility improvement at Rhode
88-6	Island State Parks and Management Areas. These funds are used for the restoration of critical
88-7	buildings, roads, and other facilities at Fishermen’s Memorial Campground, Lincoln Woods State
88-8	Park, and Goddard Memorial State Park.
88-9	(5) Affordable Housing $25,000,000
88-10	Approval of this question will allow the State of Rhode Island to issue general obligation
88-11	bonds, refunding bonds, and temporary notes in an amount not to exceed twenty-five million
88-12	dollars ($25,000,000) for affordable housing.
88-13	SECTION 2. Ballot labels and applicability of general election laws. -- The secretary
88-14	of state shall prepare and deliver to the state board of elections ballot labels for each of the
88-15	projects provided for in Section 1 hereof with the designations "approve" or "reject" provided
88-16	next to the description of each such project to enable voters to approve or reject each such
88-17	proposition. The general election laws, so far as consistent herewith, shall apply to this
88-18	proposition.
88-19	SECTION 3. Approval of projects by people. -- If a majority of the people voting on
88-20	the proposition provided for in Section 1 hereof shall vote to approve the proposition as to any
88-21	project provided for in Section 1 hereof, said project shall be deemed to be approved by the
88-22	people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be
88-23	limited to the aggregate amount for all such projects as set forth in the proposition provided for in
88-24	section 1 hereof which has been approved by the people.
88-25	SECTION 4. Bonds for capital development program. -- The general treasurer is
88-26	hereby authorized and empowered with the approval of the governor and in accordance with the
88-27	provisions of this act, to issue from time to time capital development bonds in serial form in the
88-28	name and on behalf of the state in amounts as may be specified from time to time by the governor
88-29	in an aggregate principal amount not to exceed the total amount for all projects approved by the
88-30	people and designated as "capital development loan of 2012 bonds" provided, however, that the
88-31	aggregate principal amount of such capital development bonds and of any temporary notes
88-32	outstanding at any one time issued in anticipation thereof pursuant to Section 7 hereof shall not
88-33	exceed the total amount for all such projects as have been approved by the people. All provisions
88-34	in this act relating to "bonds" shall also be deemed to apply to "refunding bonds".
89-1	Capital development bonds issued under this act shall be in denominations of one
89-2	thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency
89-3	of the United States which at the time of payment shall be legal tender for public and private
89-4	debts. These capital development bonds shall bear such date or dates, mature at specified time or
89-5	times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in
89-6	which they are issued, bear interest payable semi-annually at a specified rate or different or
89-7	varying rates, be payable at designated time or times at specified place or places, be subject to
89-8	expressed terms of redemption or recall, with or without premium, be in a form, with or without
89-9	interest coupons attached, carry such registration, conversion, reconversion, transfer, debt
89-10	retirement, acceleration and other provisions as may be fixed by the general treasurer, with the
89-11	approval of the governor, upon each issue of such capital development bonds at the time of each
89-12	issue. Whenever the governor shall approve the issuance of such capital development bonds, he
89-13	or she shall certify approval to the secretary of state; the bonds shall be signed by the general
89-14	treasurer and countersigned by the manual or facsimile signature of the secretary of state and
89-15	shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be
89-16	endorsed on each bond so approved with a facsimile of his or her signature.
89-17	SECTION 5. Refunding bonds for 2012 capital development program. -- The general
89-18	treasurer is hereby authorized and empowered, with the approval of the governor and in
89-19	accordance with the provisions of this act, to issue from time to time bonds to refund the 2012
89-20	capital development program bonds in the name and on behalf of the state, in amounts as may be
89-21	specified from time to time by the governor in an aggregate principal amount not to exceed the
89-22	total amount approved by the people, to be designated as "capital development program loan of
89-23	2012 refunding bonds" (hereinafter "refunding bonds").
89-24	The general treasurer with the approval of the governor shall fix the terms and form of
89-25	any refunding bonds issued under this act in the same manner as the capital development bonds
89-26	issued under this act, except that the refunding bonds may not mature more than twenty (20)
89-27	years from the date of original issue of the capital development bonds being refunded.
89-28	The proceeds of the refunding bonds, exclusive of any premium and accrual interest and
89-29	net the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the
89-30	general treasurer immediately to the paying agent for the capital development bonds which are to
89-31	be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they
89-32	are applied to prepay the capital development bonds. While such proceeds are held in trust, they
89-33	may be invested for the benefit of the state in obligations of the United States of America or the
89-34	State of Rhode Island.
90-1	If the general treasurer shall deposit with the paying agent for the capital development
90-2	bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when
90-3	invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
90-4	principal, interest, and premium, if any, on the capital development bonds until these bonds are
90-5	called for prepayment, then such capital development bonds shall not be considered debts of the
90-6	State of Rhode Island for any purpose from the date of deposit of such moneys with the paying
90-7	agent. The refunding bonds shall continue to be a debt of the state until paid.
90-8	The term "bond" shall include "note", and the term "refunding bonds" shall include
90-9	"refunding notes" when used in this act.
90-10	SECTION 6. Proceeds of capital development program. -- The general treasurer is
90-11	directed to deposit the proceeds from the sale of capital development bonds issued under this act,
90-12	exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond
90-13	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
90-14	in special accounts (hereinafter cumulatively referred to as "such capital development bond
90-15	fund") appropriately designated for each of the projects set forth in Section 1 hereof which shall
90-16	have been approved by the people to be used for the purpose of paying the cost of all such
90-17	projects so approved.
90-18	All monies in the capital development bond fund shall be expended for the purposes
90-19	specified in the proposition provided for in Section 1 hereof under the direction and supervision
90-20	of the director of administration (hereinafter referred to as "director"). The director or his or her
90-21	designee shall be vested with all power and authority necessary or incidental to the purposes of
90-22	this act, including but not limited to, the following authority: (a) to acquire land or other real
90-23	property or any interest, estate or right therein as may be necessary or advantageous to
90-24	accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans
90-25	and specifications, and relocation expenses and other costs such as for furnishings, equipment
90-26	designing, inspecting and engineering, required in connection with the implementation of any
90-27	projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction,
90-28	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
90-29	improvements to land in connection with the implementation of any projects set forth in section 1
90-30	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
90-31	for repair, renovation or conversion of systems and structures as necessary for 2012 capital
90-32	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
90-33	expended in excess of the amount of the capital development bond fund designated for each
90-34	project authorized in Section 1 hereof. With respect to the bonds and temporary notes described
91-1	in section 1, the proceeds shall be utilized for the following purposes:
91-2	Question 1 relating to bonds in the amount of one hundred and nine million nine hundred
91-3	thousand dollars ($109,900,000) for Higher Education shall be allocated as follows:
91-4	New Nursing Education Building for University of Rhode Island/
91-5	Rhode Island College $65,200,000
91-6	Provides funds for the construction of a new nursing education building jointly used and
91-7	operated by the University of Rhode Island and Rhode Island College
91-8	(b) Infrastructure Modernization at Rhode Island College $44,700,000
91-9	Provides funds for modernization and renovation of academic buildings on the Rhode
91-10	Island College campus.
91-11	Question 2 relating to bonds in the amount of twenty-one million five hundred thousand
91-12	dollars ($21,500,000) for transportation purposes shall be allocated as follows:
91-13	(a) Highway improvement program 20,000,000
91-14	Provides funds for the Department of Transportation to match federal funds or to provide
91-15	direct funding for improvements to the state’s highway, roads and bridges.
91-16	(b) Buses and Other Vehicles for RI Public Transit Authority 1,500,000
91-17	Provides funds for the replacement of buses and other vehicles that have exceeded their
91-18	useful economic life.
91-19	Question 3 relating to bonds in the amount of twenty million dollars ($20,000,000) for
91-20	the Clean Water Finance Agency to be allocated as follows:
91-21	(a) Clean Water State Revolving Loan Fund 12,000,000
91-22	Provides funds for wastewater projects structured as low-interest, subsidized loans for
91-23	local governments to finance wastewater infrastructure projects.
91-24	(b) Drinking Water State Revolving Loan Fund 8,000,000
91-25	Provides funds for drinking water projects structured as low-interest, subsidized loans for
91-26	eligible drinking water projects.
91-27	Question 4 relating to bonds in the amount of twenty-five million dollars ($25,000,000)
91-28	for environmental and recreational purposes to be allocated as follows:
91-29	(a) Narragansett Bay and Watershed Restoration 5,000,000
91-30	Provides funds for activities to restore and protect the water quality and enhance the
91-31	economic viability and environmental sustainability of Narragansett Bay and the state’s
91-32	watersheds.
91-33	(b) State Land Acquisition – Open Space 3,000,000
92-34	Provides funds for the purchase of land, development rights, and conservation easements
92-35	in Rhode Island.
92-36	(c) Farmland Development Rights 4,500,000
92-37	Provides funds for the purchase of agricultural development rights to active farms in
92-38	Rhode Island.
92-39	(d) Local Land Acquisition Grants 3,000,000
92-40	Provides funds for grants to municipalities, local land trusts, and non-profit organizations
92-41	to acquire fee-simple title, development rights, or conservation easements to open space in Rhode
92-42	Island.
92-43	(e) Local Recreation Grants 4,000,000
92-44	Provides grants to municipalities for acquisition, development, or rehabilitation of local
92-45	recreation facilities.
92-46	(f) Historic/Passive Parks 2,000,000
92-47	Provides grants to municipalities for the renovation or development of historic and
92-48	passive recreation areas.
92-49	(g) Local Recreation – Distressed Communities $2,500,000
92-50	Provides grants to distressed communities for acquisition, development, or rehabilitation
92-51	of local recreation facilities.
92-52	(h) State Recreation Facilities 1,000,000
92-53	Provides funds for asset protection, infrastructure, and facility improvements at Rhode
92-54	Island State Parks and Management Areas.
92-55	Question 5 relating to bonds in the amount of twenty-five million dollars ($25,000,000)
92-56	for Affordable Housing.
92-57	Provides funding to the Housing Resources Commission to provide state funds to
92-58	promote affordable housing through redevelopment of existing structures, new construction or
92-59	foreclosure assistance.
92-60	SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority
92-61	of this act shall be sold from time to time at not less than the principal amount thereof, in such
92-62	mode and on such terms and conditions as the general treasurer, with the approval of the
92-63	governor, shall deem to be for the best interests of the state.
92-64	Any premiums and accrued interest, net of the cost of bond insurance and underwriters
92-65	discount, that may be received on the sale of the capital development bonds or notes shall become
92-66	part of the Rhode Island Capital Fund of the state, unless directed by federal law or regulation to
92-67	be used for some other purpose.
93-68	In the event that the amount received from the sale of the capital development bonds or
93-69	notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may
93-70	be used to the extent possible to retire the bonds as the same may become due, to redeem them in
93-71	accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the
93-72	approval of the governor, shall deem to be for the best interests of the state.
93-73	Any bonds or notes issued under the provisions of this act and coupons on any capital
93-74	development bonds, if properly executed by the manual or facsimile signatures of officers of the
93-75	state in office on the date of execution shall be valid and binding according to their tenor,
93-76	notwithstanding that before the delivery thereof and payment therefor, any or all such officers
93-77	shall for any reason have ceased to hold office.
93-78	SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -
93-79	All bonds and notes issued under the authority of this act shall be exempt from taxation in the
93-80	state and shall be general obligations of the state, and the full faith and credit of the state is hereby
93-81	pledged for the due payment of the principal and interest on each of such bonds and notes as the
93-82	same shall become due.
93-83	SECTION 9. Investment of monies in fund. -- All moneys in the capital development
93-84	fund not immediately required for payment pursuant to the provisions of this act may be invested
93-85	by the investment commission, as established by chapter 35-10, pursuant to the provisions of such
93-86	chapter; provided, however, that the securities in which the capital development fund is invested
93-87	shall remain a part of the capital development fund until exchanged for other securities; and
93-88	provided further, that the income from investments of the capital development fund shall become
93-89	a part of the general fund of the state and shall be applied to the payment of debt service charges
93-90	of the state, unless directed by federal law or regulation to be used for some other purpose, or to
93-91	the extent necessary, to rebate to the United States treasury any income from investments
93-92	(including gains from the disposition of investments) of proceeds of bonds or notes to the extent
93-93	deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from
93-94	federal income taxation.
93-95	SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not
93-96	otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and
93-97	notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise
93-98	appropriated.
93-99	SECTION 11. Advances from general fund. -- The general treasurer is authorized from
93-100	time to time with the approval of the director and the governor, in anticipation of the issue of
93-101	notes or bonds under the authority of this act, to advance to the capital development bond fund for
93-102	the purposes specified in Section 6 hereof, any funds of the state not specifically held for any
94-1	particular purpose; provided, however, that all advances made to the capital development bond
94-2	fund shall be returned to the general fund from the capital development bond fund forthwith upon
94-3	the receipt by the capital development fund of proceeds resulting from the issue of notes or bonds
94-4	to the extent of such advances.
94-5	SECTION 12. Federal assistance and private funds. -- In carrying out this act, the
94-6	director, or his or her designee, is authorized on behalf of the state, with the approval of the
94-7	governor, to apply for and accept any federal assistance which may become available for the
94-8	purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of
94-9	any federal legislation therefor, to enter into, act and carry out contracts in connection therewith,
94-10	to act as agent for the federal government in connection therewith, or to designate a subordinate
94-11	so to act. Where federal assistance is made available, the project shall be carried out in
94-12	accordance with applicable federal law, the rules and regulations thereunder and the contract or
94-13	contracts providing for federal assistance, notwithstanding any contrary provisions of state law.
94-14	Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited
94-15	in the capital development bond fund and expended as a part thereof. The director or his or her
94-16	designee may also utilize any private funds that may be made available for the purposes of this
94-17	act.
94-18	SECTION 13. Effective Date. -- Sections 1, 2 and 3 of this article shall take effect upon
94-19	passage. The remaining sections of this article shall take effect if and when the state board of
94-20	elections shall certify to the secretary of state that a majority of the qualified electors voting on
94-21	the propositions contained in section 1 hereof have indicated their approval of all or any projects
94-22	thereunder.
94-23	ARTICLE 6
94-24	RELATING TO BOND PREMIUMS
94-25	SECTION 1. Section 7 of Chapter 246 of the Public Laws, enacted in Article 5 of 06-H-
94-26	7120 Sub A as amended and approved on June 29, 2006, is hereby amended to read as follows:
94-27	SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority of
94-28	this act shall be sold from time to time at not less than the principal amount thereof, in such mode
94-29	and on such terms and conditions as the general treasurer, with the approval of the governor, shall
94-30	deem to be for the best interests of the state.
94-31	Any premiums and accrued interest, net of the cost of bond insurance and underwriters
94-32	discount, that may be received on the sale of the capital development bonds or notes shall become
94-33	part of the ~~general fund~~ Rhode Island Capital Fund of the state ~~and shall be applied to the~~
94-34	~~payment of debt service charges of the state~~, unless directed by federal law or regulation to be
95-1	used for some other purpose.
95-2	In the event that the amount received from the sale of the capital development bonds or
95-3	notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may
95-4	be used to the extent possible to retire the bonds as the same may become due, to redeem them in
95-5	accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the
95-6	approval of the governor, shall deem to be for the best interests of the state.
95-7	Any bonds or notes issued under the provisions of this act and coupons on any capital
95-8	development bonds, if properly executed by the manual or facsimile signatures of officers of the
95-9	state in office on the date of execution shall be valid and binding according to their tenor,
95-10	notwithstanding that before the delivery thereof and payment therefor, any or all such officers
95-11	shall for any reason have ceased to hold office.
95-12	SECTION 2. This article shall take effect upon passage.
95-13	ARTICLE 7
95-14	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
95-15	SECTION 1. This article consists of joint resolutions that are submitted pursuant to
95-16	Rhode Island General Laws § 35-18-1, et seq.
95-17	SECTION 2. Information Technology Improvements.
95-18	WHEREAS, the division of taxation is the primary revenue collecting agency for the
95-19	State of Rhode Island, administering fifty-seven (57) different tax/fee types and collecting nearly
95-20	three billion dollars per year. Currently an assortment of software systems is being utilized to
95-21	administer these taxes and fees. The most critical of these systems is built on forty (40) year old
95-22	technology that is increasingly difficult and expensive to use and maintain; and
95-23	WHEREAS, recognizing the need to better serve the citizens of Rhode Island and the
95-24	need to modernize its technology, the State of Rhode Island and the division of taxation would
95-25	benefit from the acquisition of a modern integrated tax system that would centralize all taxpayer
95-26	information in one computer system; and
95-27	WHEREAS, the implementation of the human resources information system, time and
95-28	attendance, projects/grants and other modules of the financial suite owned by the State of Rhode
95-29	Island would achieve the intended goal of a comprehensive, integrated accounting system; and
95-30	WHEREAS, the state auditor general in the annual single audit report has consistently
95-31	recommended the implementation of these modules for improved efficiency and enhanced
95-32	management information, and reduced incompatibility and redundancy of accounting applications
95-33	throughout state government; and
96-34	WHEREAS, the human resources information system would replace an antiquated, often
96-35	paper-based, forty (40) year old human resources system that does not provide managers or
96-36	employees with the online tools expected of a modern human resources system; and
96-37	WHEREAS, the time and attendance cost allocation module would allow for allocation
96-38	of time in real time and thus allow for faster draw down of federal funds, thereby relieving the
96-39	state general fund from having to cover federally financed costs; and
96-40	WHEREAS, the grants management module would improve the state’s controls over the
96-41	administration of and reporting on numerous federal grant programs; and
96-42	WHEREAS, the State of Rhode Island is actively reforming its education system by,
96-43	among other initiatives, developing enterprise data systems that will offer five platforms,
96-44	including the instruction management system and the educator evaluation system. These data
96-45	systems will provide an unprecedented level of student and teacher data to track student, teacher,
96-46	and school performance and address the student achievement gaps; and
96-47	WHEREAS, Rhode Island’s local education agencies (“LEAs”), districts, charter schools
96-48	and state schools need to upgrade their existing technology infrastructure in order to provide
96-49	twenty-first century technology-based learning, including e-learning opportunities, on-line
96-50	textbooks, and on-line assessments. In addition, several LEAs have insufficient wireless access
96-51	in their classrooms to access new data systems and on-line resources; and
96-52	WHEREAS, the project costs associated with these information technology
96-53	improvements are estimated to be $56.0 million. The total financing obligation of the State of
96-54	Rhode Island would be approximately $56.5 million, with $56.0 million deposited in the project
96-55	fund and $0.5 million allocated to pay the associated costs of financing. Total payments on the
96-56	State’s obligation over ten (10) years on the $56.5 million issuance are projected to be $72.0
96-57	million, assuming an average interest rate of 4.0% The payments would be financed within the
96-58	department of administration from general revenue appropriations; now, therefore, be it
96-59	RESOLVED, that this general assembly hereby approves financing in an amount not to
96-60	exceed $56.5 million for the provision of funds for information technology improvements,
96-61	including $0.5 million to pay costs of financing; that of this sum, $11.4 million be made available
96-62	from the project fund for the implementation of additional modules of the state’s integrated
96-63	financial management system, including, but not limited to, the human resources information
96-64	system, the time and attendance module, and the projects and grants module; that $24.8 million
96-65	be made available from the project fund for an integrated tax system; and that $19.8 million be
96-66	made available from the project fund for improvements to the technology infrastructure of local
96-67	education agencies; and be it further
97-68	RESOLVED, that this joint resolution shall take effect immediately upon its passage by
97-69	the general assembly.
97-70	SECTION 3. Rhode Island Airport Corporation.
97-71	WHEREAS, the Rhode Island economic development corporation is a public
97-72	instrumentality of the State of Rhode Island (the "state"), created by the general assembly
97-73	pursuant to Rhode Island general laws §§ 42-64-1 et seq. (as enacted, reenacted and amended, the
97-74	"act"); and
97-75	WHEREAS, the act declares, in part, that new industrial, manufacturing, recreational,
97-76	and commercial facilities are required to attract and house new industries and thereby reduce the
97-77	hazards of unemployment; and that unaided efforts of private enterprises have not met, and
97-78	cannot meet, the needs of providing those facilities due to problems encountered in assembling
97-79	suitable building sites, lack of adequate public service, unavailability of private capital for
97-80	development, and the inability of private enterprise alone to plan, finance, and coordinate
97-81	industrial, recreational, and commercial development; and
97-82	WHEREAS, the act further declares it to be the public policy of the state to furnish
97-83	proper and adequate airport facilities within the state and to encourage the integration of these
97-84	facilities so far as practicable; and
97-85	WHEREAS, in furtherance of these goals, it is the policy of the state to retain existing
97-86	industries and to induce, encourage and attract new industries through the acquisition,
97-87	construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and
97-88	commercial facilities, as well as transportation, residential, environmental, utility, public service,
97-89	institutional and civic and community facilities, and to develop sites for such facilities; and
97-90	WHEREAS, the act has empowered the Rhode Island economic development corporation
97-91	to establish subsidiary corporations to exercise its powers and functions, or any of them, and,
97-92	pursuant to such power, the Rhode Island economic development corporation has established the
97-93	Rhode Island airport corporation to plan, develop, construct, finance, manage, and operate airport
97-94	facilities in the state; and
97-95	WHEREAS, the act provides that the Rhode Island airport corporation shall have the
97-96	power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and
97-97	otherwise deal in and with, real or personal property, or any interest therein, wherever situated;
97-98	and
97-99	WHEREAS, the act also provides that the Rhode Island airport corporation shall have the
97-100	power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any
97-101	project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or
97-102	to grant options for any such purposes with respect to any real or personal property or interest
98-1	therein, all of the foregoing for such consideration as the Rhode Island airport corporation shall
98-2	determine. Any lease by the Rhode Island airport corporation to another party may be for such
98-3	part of the Rhode Island airport corporation's property, real or personal, for such period, upon
98-4	such terms or conditions, with or without an option on the part of the lessee to purchase any or all
98-5	of the leased property for such consideration, at or after the retirement of all indebtedness
98-6	incurred by the Rhode Island airport corporation on account thereof, as the Rhode Island airport
98-7	corporation shall determine; and
98-8	WHEREAS, the act authorizes the Rhode Island economic development corporation to
98-9	borrow money and issue bonds for any of its corporate purposes; and
98-10	WHEREAS, pursuant to §§ 35-18-3 and 35-18-4 of Rhode Island general laws, the
98-11	Rhode Island economic development corporation requests the approval of the general assembly of
98-12	the Rhode Island economic development corporation's issuance of airport revenue bonds (the
98-13	"bonds") for the purpose of providing funds to the Rhode Island airport corporation for financing
98-14	the various capital projects including, but not limited to, a de-icer management system, runway
98-15	and taxiway improvements, noise mitigation and land acquisition, and facility developments (the
98-16	“Fiscal Year 2013 Airport Project"), funding capitalized interest, costs of issuing the bonds and
98-17	related costs, and the establishment of reserves for the project and the bonds, including a debt
98-18	service reserve fund; and
98-19	WHEREAS, the Rhode Island airport corporation anticipates the need to utilize short
98-20	term borrowings to fund timing differences between construction activities and receipt of federal
98-21	grants;
98-22	WHEREAS, the financing of the Fiscal Year 2013 Airport Project will be accomplished
98-23	through one or more loan agreements having the Rhode Island airport corporation as borrower,
98-24	such agreement or agreements to require that the Rhode Island airport corporation make loan
98-25	payments in an amount no less than the debt service on the bonds; now, therefore, be it
98-26	RESOLVED, the general assembly hereby approves the Rhode Island economic
98-27	development corporation's issuance of the bonds. The bonds will be special obligations of the
98-28	Rhode Island economic development corporation, payable exclusively from loan repayments
98-29	under a loan agreement with the Rhode Island airport corporation and from bond proceeds, funds,
98-30	accounts, and properties and the proceeds thereof pledged therefor, and thus the Rhode Island
98-31	economic development corporation's maximum liability will be limited to loan repayments
98-32	received under the loan agreement and the aggregate amount of such other funds, accounts,
98-33	properties, and proceeds; and be it further
99-34	RESOLVED, that the total amount of debt approved to be issued in the aggregate shall be
99-35	not more than $174,000,000. Total debt service on the bonds is not expected to exceed
99-36	$12,000,000 annually and $351,000,000 in the aggregate based on level annual payments, an
99-37	average interest rate of 6.83%, and a 30-year maturity. Total debt service on short-term
99-38	borrowings to fund timing differences between construction activities and receipt of federal
99-39	grants is not expected to exceed $6,700,000 annually and $34,000,000 in the aggregate based on
99-40	an average interest rate of 4.00% and an 8-year maturity; and be it further
99-41	RESOLVED, that the general assembly hereby approves the Rhode Island airport
99-42	corporation's entering into the loan agreements described above. Payments under the loan
99-43	agreements shall be derived exclusively from project revenues and such other proceeds, funds,
99-44	accounts, projects and the proceeds thereof as the Rhode Island airport corporation may pledge
99-45	therefore; and be it further
99-46	RESOLVED, that none of the bonds or the loan agreements shall constitute indebtedness
99-47	of the state or a debt for which the full faith and credit of the state is pledged or a moral
99-48	obligation thereof; and be it further
99-49	RESOLVED, that this resolution shall apply to debt issued within one (1) year of the date
99-50	of passage of this resolution.
99-51	SECTION 4. Quonset Development Corporation.
99-52	WHEREAS, the Rhode Island economic development corporation (“QDC”) is a public
99-53	instrumentality of the State of Rhode Island (the "state"), created by the general assembly
99-54	pursuant to Rhode Island general laws sections 42-64-1 et seq. (as enacted, reenacted and
99-55	amended, the "act"); and
99-56	WHEREAS, the act declares, in part, that new industrial, manufacturing, recreational,
99-57	and commercial facilities are required to attract and house new industries and thereby reduce the
99-58	hazards of unemployment; and that unaided efforts of private enterprises have not met and cannot
99-59	meet the needs of providing those facilities due to problems encountered in assembling suitable
99-60	building sites, lack of adequate public service, unavailability of private capital for development,
99-61	and the inability of private enterprise alone to plan, finance, and coordinate industrial,
99-62	recreational, and commercial development; and
99-63	WHEREAS, the act further declares it to be the public policy of the state to encourage the
99-64	expansion and development of the state’s harbors and ports and to foster and improve the
99-65	handling of waterborne commerce from and to any port of this state and other states and foreign
99-66	countries; and
99-67	WHEREAS, in furtherance of these goals, it is the policy of the state to retain existing
99-68	industries and to induce, encourage and attract new industries through the acquisition,
100-1	construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and
100-2	commercial facilities, as well as transportation, harbors and ports, residential, environmental,
100-3	utility, public service, institutional and civic and community facilities, and to develop sites for
100-4	such facilities; and
100-5	WHEREAS, the act has empowered the Rhode Island economic development corporation
100-6	to establish subsidiary corporations to exercise its powers and functions, or any of them; and
100-7	WHEREAS, the general assembly, pursuant to Rhode Island general laws §§ 42-64.10-1
100-8	et seq. (as enacted, reenacted and amended, the "QDC Act") created the Quonset development
100-9	corporation as a subsidiary of the Rhode Island economic development corporation; and
100-10	WHEREAS, the QDC Act provides that the Quonset development corporation shall have
100-11	the power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and
100-12	otherwise deal in and with, real or personal property, or any interest therein, wherever situated,
100-13	including those certain transportation, harbor, pier and waterfront facilities located at the Quonset
100-14	business park; and
100-15	WHEREAS, the QDC Act also provides that the Quonset development corporation shall
100-16	have the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber
100-17	any project, (or in the case of a sale, to accept a purchase money mortgage in connection
100-18	therewith) or to grant options for any such purposes with respect to any real or personal property
100-19	or interest therein, as the lawful agent and attorney-in-fact of the Rhode Island economic
100-20	development corporation with respect to all property of the Rhode Island economic development
100-21	corporation at the Quonset business park, all of the foregoing for such consideration as the
100-22	Quonset development corporation shall determine. Any lease by the Quonset development
100-23	corporation to another party may be for such part of the Quonset business park, real or personal,
100-24	for such period, upon such terms or conditions, with or without an option on the part of the lessee
100-25	to purchase any or all of the leased property for such consideration, at or after the retirement of all
100-26	indebtedness incurred by the Quonset development corporation on account thereof, as the
100-27	Quonset development corporation shall determine; and
100-28	WHEREAS, the act authorizes the Rhode Island economic development corporation to
100-29	borrow money and issue bonds for any of its corporate purposes; and
100-30	WHEREAS, pursuant to §§ 35-18-3 and 35-18-4 of Rhode Island general laws, the
100-31	Rhode Island economic development corporation has requested the approval of the general
100-32	assembly of the Rhode Island economic development corporation's issuance of harbor, pier and
100-33	port revenue bonds (the "bonds") for the purpose of providing funds to the Quonset development
100-34	corporation for financing the various capital projects including, but not limited to, harbor, pier,
101-1	port, channel, dredging and all other costs related to the improvement to the Davisville piers
101-2	improvements project at the Quonset business park (the "2012 Davisville piers project") funding,
101-3	capitalized interest, costs of issuing the Bonds and related costs, and the establishment of reserves
101-4	for the project and the bonds, including a debt service reserve fund; and
101-5	WHEREAS, the financing of the 2012 Davisville piers project and repayment of the
101-6	bonds will be accomplished through one or more loan agreements having the Quonset
101-7	development corporation as borrower, such agreement or agreements to require that the Quonset
101-8	development corporation make loan payments in an amount equal to the debt service on the
101-9	bonds; now, therefore, be it
101-10	RESOLVED, the general assembly hereby approves the Rhode Island economic
101-11	development corporation's issuance of the bonds. The bonds will be special obligations of the
101-12	Rhode Island economic development corporation payable exclusively from loan repayments
101-13	under a loan agreement with the Quonset development corporation and from bond proceeds,
101-14	funds, accounts, and properties and the proceeds thereof pledged therefor, and thus the Rhode
101-15	Island economic development corporation's maximum liability will be limited to loan repayments
101-16	received under the loan agreement and the aggregate amount of such other funds, accounts,
101-17	properties, and proceeds; and be it further
101-18	RESOLVED, that the total amount of debt approved to be issued in the aggregate shall be
101-19	not more than $7.5 million. Total debt service on the bonds is not expected to exceed $911,200
101-20	annually and $9,112,000 in the aggregate, based on an average interest rate of 4.0 percent and a
101-21	10-year maturity; and be it further
101-22	RESOLVED, that the general assembly hereby approves the Quonset development
101-23	corporation's entering into the loan agreements described above. Payments under the loan
101-24	agreements shall be derived exclusively from project revenues and such other proceeds, funds,
101-25	accounts, projects and the proceeds thereof as the Quonset development corporation may pledge
101-26	therefor; and be it further
101-27	RESOLVED, that none of the bonds or the loan agreements shall constitute indebtedness
101-28	of the state or a debt for which the full faith and credit of the state is pledged or a moral
101-29	obligation thereof; and be it further
101-30	RESOLVED, that this resolution shall apply to bonds issued within one (1) year of the
101-31	date of passage of this resolution; and be it further
101-32	RESOLVED, that this joint resolution shall take effect immediately upon its passage by
101-33	this general assembly.
102-34	SECTION 5. Rhode Island Resource Recovery Corporation
102-35	WHEREAS, the Rhode Island resource recovery corporation (the “corporation”) is a
102-36	public corporation of the State of Rhode Island (the “state”), constituting a public instrumentality
102-37	and agency exercising public and essential governmental functions of the state, created by the
102-38	general assembly pursuant to Rhode Island general laws §§ 23-19-1 et seq., entitled the “Rhode
102-39	Island resource recovery corporation act” (as enacted, reenacted and amended, the “act”); and
102-40	WHEREAS, pursuant to the act, the corporation is designated to carry out the provisions
102-41	of the act; and
102-42	WHEREAS, also pursuant to the act, the purposes of the corporation include the
102-43	planning, design, construction, financing, management, ownership, operation, and maintenance of
102-44	transfer stations, waste processing facilities, resource recovery facilities, and all other solid waste
102-45	management facilities and the provision of solid waste management services to municipalities and
102-46	persons within the state; and
102-47	WHEREAS, for the purpose of planning, designing, constructing, financing, managing,
102-48	owning, operating, and maintaining transfer stations, waste processing facilities, resource
102-49	recovery facilities, and all other solid waste management facilities and providing solid waste
102-50	management services to municipalities and persons within the state, the corporation is authorized
102-51	to issue from time to time its negotiable bond and notes in one or more series in such principal
102-52	amounts as in the opinion of the corporation shall be necessary to provide sufficient funds for
102-53	achieving its purpose, including the payment of interest on the bonds and notes of the
102-54	corporation, the establishment of reserves to secure the bonds and notes, and the making of all
102-55	other expenditures of the corporation incident to and necessary or convenient to carrying out its
102-56	purposes and powers; and
102-57	WHEREAS, pursuant to Rhode Island general laws §§ 35-18-3 and 35-18-4, the
102-58	corporation has requested the approval of the general assembly of the corporation’s issuance of
102-59	not more than $40 million of revenue bonds (the “bonds) for the purpose of providing funds for
102-60	capital projects and for costs associated with the bonds including capitalized interest, debt service
102-61	reserve and costs of issuance; and
102-62	WHEREAS, the corporation will use the bond proceeds to fund the design and
102-63	construction of a leachate pretreatment facility to comply with projected changes in discharge
102-64	standards for the disposal of wastewater, including leachate, into a public sewer system. The
102-65	treatment facility (the “facility” or the “project”) is expected to have the capacity of pretreating
102-66	650,000 gallons of wastewater daily and utilize sequencing batch reactor technology for
102-67	wastewater treatment; and
103-68	WHEREAS, the corporation currently discharges wastewater/leachate flows from several
103-69	sources from its solid waste operations, including leachate from primary and secondary collection
103-70	systems in phases II/III, IV and V of the central landfill, underdrains constructed under the liners
103-71	of various sections of the landfill as required by Rhode Island department of environmental
103-72	management (“RIDEM”) regulations, discharge from the phase I hot spot treatment system
103-73	operated as part of superfund remediation requirements, and condensate from the landfill gas
103-74	collection and treatment systems and sanitary flows from the various buildings and facilities on
103-75	site; and
103-76	WHEREAS, the landfill-related leachate is currently discharged through the Cranston
103-77	sewer system to the Cranston wastewater treatment facility (“WWTF”); and
103-78	WHEREAS, the corporation does not currently pretreat the collected flows prior to
103-79	discharge into the Cranston WWTF; and
103-80	WHEREAS, the corporation has received final approval from the RIDEM for the
103-81	construction of phase VI of the landfill, which will include a primary and secondary leachate
103-82	collection system and will operate for approximately 20 years; and
103-83	WHEREAS, municipal wastewater treatment plants that the corporation can potentially
103-84	discharge into are currently implementing upgrades to their facilities to meet lower effluent
103-85	discharge standards required by their permits with RIDEM; and
103-86	WHEREAS, the corporation has previously engaged an engineering consultant to
103-87	conduct a preliminary evaluation of future requirements to treat wastewater discharges from the
103-88	various operations at the Shun Pike facilities; and
103-89	WHEREAS, over the past several years the engineering consultant has been assisting the
103-90	corporation in evaluating approaches to treat wastewater flows, consisting primarily of landfill
103-91	leachate, to meet the discharge standards established by municipal wastewater treatment facilities
103-92	that are in proximity to the corporation’s operations; and
103-93	WHEREAS, the engineering consultant has issued a report indicating that based on these
103-94	standards, and the more stringent effluent standards anticipated in the future, the corporation will
103-95	be required to construct a new pretreatment plant facility on-site to comply with these standards
103-96	prior to discharging wastewater into any municipal sewer system; and
103-97	WHEREAS, the engineering consultant has proposed utilizing a reliable, cost-effective
103-98	and high-efficiency technology, sequential batch reactors, which are basically industrial tanks in
103-99	which all metabolic processing and solid / liquid separation occurs in one tank and in a
103-100	continuously repeated time sequence; and
103-101	WHEREAS, sequential batch reactor processes are known to save more than 60% of the
103-102	expenses required for conventional activated sludge processing and achieve high effluent quality
104-1	in a very short aeration time; and
104-2	WHEREAS, the estimated cost of the project is anticipated to be approximately $35
104-3	million to $40 million; and
104-4	WHEREAS, in the event that not all of the bond proceeds are used to carry out the
104-5	specified project, the corporation will use any remaining funds to pay debt service on the bonds;
104-6	now, therefore, be it
104-7	RESOLVED, that this general assembly hereby approves the corporation’s issuance of
104-8	not more than the total of the competitively awarded contact plus financing costs, or $40 million,
104-9	whichever is less, of bonds for the purpose of providing funds for the project and for costs
104-10	associated with bonds including capitalized interest, debt service reserve and costs of issuance;
104-11	and be it further
104-12	RESOLVED, that the bonds will be general obligations of the corporation payable from
104-13	the corporation’s revenues and thus the corporation’s maximum liability will be for the total debt
104-14	service on the bonds which is estimated to be $3.0 million per year or $59 million in the
104-15	aggregate based on an average interest rate of 4.0 percent and a 20 year maturity; and be it further
104-16	RESOLVED, that the bonds will not constitute indebtedness of the state or any of its
104-17	subdivisions or a debt for which the full faith and credit of the state or any of its subdivisions is
104-18	pledged except to the extent that the state provides the corporation with annual budget
104-19	appropriations pursuant to Rhode Island general laws § 23-19-13(i) and the corporation’s
104-20	revenues are not otherwise sufficient to pay debt service on the bonds, the maximum possible
104-21	financial obligation of the state under the bonds will be to appropriate for any deficiency; and be
104-22	it further
104-23	RESOLVED, that this joint resolution shall take effect immediately upon its passage by
104-24	this general assembly, provided that the delivery of the bonds shall be not later than one (1) year
104-25	from the date of such passage.
104-26	SECTION 6. GARVEE Program.
104-27	WHEREAS, the Rhode Island Department of Transportation (“RIDOT”) has undertaken
104-28	five (5) major transportation projects, and these projects were either substantially completed or
104-29	under construction in the year 2011; and
104-30	WHEREAS, the construction of these projects was deemed critical in order to preserve
104-31	and maintain the public safety and continued economic success and viability of the State of
104-32	Rhode Island, its ports and infrastructure; and
104-33	WHEREAS, RIDOT explored various options to finance the costs of the five (5) major
104-34	transportation projects and determined that the federal-aid financing program authorized in
105-1	federal law by Section 311 of the National Highway System Designation Act of 1995 and
105-2	commonly referred to as the Grant Anticipation Revenue Vehicle Program (“GARVEE
105-3	Program”) represented the best financing mechanism for the State of Rhode Island, inasmuch as
105-4	the GARVEE Program accelerated the funding and construction of the five (5) major
105-5	transportation projects; and
105-6	WHEREAS, the General Assembly, in Chapter 376, Article 36, Sections 8 and 9 of the
105-7	Rhode Island Public Laws of 2003, granted RIDOT, through the Rhode Island Economic
105-8	Development Corporation (“RIEDC”), the authorization to issue bonds (“GARVEE Bonds”) or
105-9	other debt instruments backed by future appropriations for federal-aid transportation projects
105-10	whereby such amounts are used to cover an assortment of bond-related costs, including principal
105-11	and interest payments, issuance costs, insurance, and other costs incidental to a financing; and
105-12	WHEREAS, the original Public Corporation Debt Management authorization in Chapter
105-13	376, Article 36, Sections 8 and 9 of the Rhode Island Public Laws of 2003 included a total of
105-14	$709.6 million in GARVEE funding to be distributed across five projects, as follows: $126.2
105-15	million for the Sakonnet River Bridge; $348.3 million for the Route I-195 Relocation; $85.4
105-16	million for the Washington Bridge; $42.5 million for the Freight Rail Improvement Program
105-17	(FRIP), and $107.2 million for Route 403; and
105-18	WHEREAS, additional grants and Federal earmark funding have been received for the
105-19	completion of the Washington Bridge project, while, at the same time, preliminary cost estimates
105-20	for the Sakonnet River Bridge replacement, which were used to allocate GARVEE proceeds,
105-21	have proven to be lower than the funding required; and
105-22	WHEREAS, the reallocation of GARVEE funds to the Sakonnet River Bridge project
105-23	will allow an equal amount of Federal highway funding to be applied to other highway projects
105-24	included in the Rhode Island Transportation Improvement Program (“TIP”); and
105-25	WHEREAS, the reallocated GARVEE financing associated with these projects is
105-26	estimated to be:
105-27	(1) For the Sakonnet River Bridge: (a) a total capital cost of one hundred twenty seven
105-28	million three hundred eighty two thousand five hundred sixty six dollars ($127,382,566); (b) the
105-29	total debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment of
105-30	the capital costs, financing costs, costs of issuance or insurance or credit enhancement would be
105-31	an amount not to exceed one hundred thirty five million eight hundred twenty five thousand
105-32	dollars ($135,825,000); (c) with respect to the total debt issuance of one hundred thirty five
105-33	million eight hundred twenty five thousand dollars ($135,825,000) referenced in subsection (b)
105-34	above, an amount not to exceed twenty five million two hundred forty eight thousand dollars
106-1	($25,248,000) of bonds would be repaid by the State of Rhode Island with other than FHWA
106-2	funds (the "State Match Bonds"); (d) total debt service payments on the State Match Bonds over
106-3	an expected twenty (20) year period on the twenty five million two hundred forty eight thousand
106-4	dollars ($25,248,000) issuance are projected to be thirty seven million four hundred fifty eight
106-5	thousand dollars ($37,458,000), assuming an average coupon rate of 5.1%; and (e) the debt
106-6	service payments on the State Match Bonds are supported from the Motor Fuel Tax Allocation as
106-7	hereinafter defined; and total debt service on all bonds of two hundred four million five hundred
106-8	thirty two thousand nine hundred twenty dollars ($204,532,920); and
106-9	(2) For the Washington Bridge: (a) a total capital cost of $75,845,000; (b) the total debt
106-10	issuance of GARVEE and/or other than GARVEE Bonds associated with payment of the capital
106-11	costs, financing costs, costs of issuance or insurance or credit enhancement would be an amount
106-12	not to exceed $75,845,000; and (c) no State Match Bonds will be issued in connection with the
106-13	Washington Bridge as all costs related to the construction and financing of this project will be
106-14	covered by the FHWA funds due the State of Rhode Island; and total debt service on all bonds of
106-15	one hundred eighteen million four hundred twenty two thousand five hundred dollars
106-16	($118,422,500); now, therefore, be it
106-17	RESOLVED, that this General Assembly finds that the Projects are essential public
106-18	facilities and are of a type and nature consistent with the purposes and within the powers of the
106-19	Department of Transportation to undertake, and hereby approves that the Sakonnet River Bridge
106-20	and Washington Bridge remain critical components of the infrastructure of the State of Rhode
106-21	Island, and that it is in the best interests of the State to maximize the use of proceeds from the
106-22	GARVEE bonds already issued. Therefore, this General Assembly hereby approves the following
106-23	reallocation in GARVEE bond proceeds:
106-24	(1) For the New Sakonnet Bridge: the issuance of an amount not to exceed one hundred
106-25	twenty seven million three hundred eighty two thousand five hundred sixty six dollars
106-26	($127,382,566) in GARVEE Bonds, the repayment of which shall be derived from and supported
106-27	by FHWA funds due the State of Rhode Island, and an amount not to exceed twenty five million
106-28	two hundred forty eight thousand dollars ($25,248,000) in State Match Bonds and to incur and
106-29	pay debt service payments for such State Match Bonds in an amount not to exceed thirty seven
106-30	million four hundred fifty eight thousand dollars ($37,458,000) and total debt service on all bonds
106-31	of two hundred four million five hundred thirty two thousand nine hundred twenty dollars
106-32	($204,532,920) as specified in (1) above for bonds issued for the Sakonnet River Bridge, such
106-33	debt service payments to be made from the Motor Fuel Tax Allocation, as hereinafter defined, or
106-34	such other revenue source as the Rhode Island General Assembly shall designate from time to
107-1	time for the construction, design, maintenance, completion, finance costs, including, but not
107-2	limited to, costs of issuance, credit enhancement, legal counsel and underwriter fees and expenses
107-3	and other costs associated with the Sakonnet River Bridge.
107-4	(2) For the Washington Bridge: the issuance of an amount not to exceed $75,845,000 in
107-5	GARVEE Bonds, the repayment of which shall be wholly derived from and supported by FHWA
107-6	funds due the State of Rhode Island; and total debt service on all bonds of one hundred eighteen
107-7	million four hundred twenty two thousand five hundred dollars ($118,422,500); and be it further
107-8	RESOLVED, that no other changes in allocation or expenditure are authorized beyond
107-9	the amendments included in this Joint Resolution, and that no additional GARVEE bond issuance
107-10	is required beyond the limits specified in Chapter 376, Article 36, Sections 8 and 9 of the Rhode
107-11	Island Public Laws of 2003.
107-12	SECTION 7. This article shall take effect upon passage.
107-13	ARTICLE 8
107-14	RELATING TO INFORMATION TECHNOLOGY INVESTMENT FUND
107-15	SECTION 1. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled
107-16	“Department of Administration” is hereby amended to read as follows:
107-17	42-11-2.5. Information technology investment fund. – (a) All sums from the sale of
107-18	any land and the buildings and improvements thereon, and other real property title to which is
107-19	vested in the state except as provided in subsection 37-7-15(b) shall be transferred to an
107-20	Information Technology Investment Fund restricted receipt account that is hereby established.
107-21	This fund shall consist of such sums from the sale of any land and the buildings and
107-22	improvements thereon, and other real property title to which is vested in the state except as
107-23	provided in subsection 37-7-15(b). This fund may also consist of such sums as the state may from
107-24	time to time appropriate, as well as money received from the disposal of information technology
107-25	equipment, loan, interest and service charge payments from benefiting state agencies, as well as
107-26	interest earnings, money received from the federal government, gifts, bequest, donations, or to
107-27	otherwise from any public or private source. Any such funds shall be exempt from the indirect
107-28	cost recovery provisions of § 35-4-27.
107-29	(b) This fund shall be used for the purpose of acquiring information technology
107-30	improvements, including, but not limited to, hardware, software, consulting services, and ongoing
107-31	maintenance and upgrade contracts for state departments and agencies.
107-32	(c) The division of information technology of the Rhode Island department of
107-33	administration shall adopt rules and regulations consistent with the purposes of this chapter and
107-34	chapter 35 of title 42, in order to provide for the orderly and equitable disbursement of funds ~~from~~
108-1	~~the revolving loan fund~~ from this account.
108-2	SECTION 2. This article shall take effect upon passage.
108-3	ARTICLE 9
108-4	RELATING TO DEPARTMENT OF HEALTH FEES
108-5	SECTION 1. Sections 5-10-10, 5-10-11, 5-10-13, and 5-10-15 of the General Laws in
108-6	Chapter 5-10 entitled “Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians” are
108-7	hereby amended to read as follows:
108-8	5-10-10. Application form - Fee - Expiration and renewal of licenses – Fees. -- (a)
108-9	Applications for licenses under § 5-10-9 shall be made upon any forms that are prescribed by the
108-10	division and are accompanied by an ~~examination~~ application fee established in regulation. The
108-11	license of every person licensed under §§ 5-10-8 and 5-10-9 shall expire on the thirtieth (30th)
108-12	day of October of every other year following the date of license. This is determined on an odd-
108-13	even basis. On or before the first day of September of every year, the administrator of
108-14	professional regulation shall mail an application for renewal of license to people scheduled to be
108-15	licensed that year on an odd or even basis as to the license number. Every person who wishes to
108-16	renew his or her license must file with the administrator of professional regulation a renewal
108-17	application duly executed together with the renewal fee ~~of fifty dollars ($50.00)~~ as set forth in §
108-18	23-1-54. Applications, accompanied by the fee for renewal, shall be filed with the division on or
108-19	before the fifteenth (15th) day of October in each renewal year. Upon receipt of the application
108-20	and fee, the administrator of professional regulation shall grant a renewal license effective
108-21	October 1st and expiring two (2) years later on September 30th.
108-22	(b) Every person who fails to renew his or her license on or before September 30th
108-23	following the date of issuance as provided in subsection (a) of this section may be reinstated by
108-24	the division upon payment of the current renewal fee ~~of fifty dollars ($50.00) plus an additional~~
108-25	~~fee of thirty dollars ($30.00) for each year the license has lapsed to a maximum of two hundred~~
108-26	~~dollars ($200)~~ as set forth in § 23-1-54.
108-27	(c) The license shall be on the person at all times while performing the services for which
108-28	they are licensed.
108-29	5-10-11. Persons licensed in other states. -- (a) Any person licensed to practice
108-30	barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics in another state
108-31	where the requirements are the equivalent of those of this state is entitled to a license as a barber,
108-32	hairdresser, and cosmetician and/or manicurist or esthetician operator upon the acceptance of his
108-33	or her credentials by the division; provided, that the state in which that person is licensed extends
108-34	a similar privilege to licensed barbers, hairdressers, and cosmetic therapists and/or manicurists or
109-1	esthetics of this state. If a person applies for a hairdressing license who was licensed in another
109-2	state where the requirements are not equivalent to those of this state, the division shall give to that
109-3	person one hundred (100) hours instructional credit for three (3) months that the person was
109-4	licensed and in actual practice, up to a limit of five hundred (500) hours, in order for that person
109-5	to meet the requirements for a hairdressing license in this state as established under the provisions
109-6	of §§ 5-10-8 and 5-10-9.
109-7	(b) If a person applies for a manicurist or esthetician license and is currently licensed in
109-8	another state, that person may be granted a license if he or she passes the written and practical
109-9	examinations conducted by the division.
109-10	(c) The fee for the ~~examination~~ application is ~~forty dollars ($40.00)~~ as set forth in § 23-1-
109-11	54; provided, that the provisions of this chapter shall not be construed as preventing persons who
109-12	have been licensed by examination under the laws of other states of the United States or
109-13	territories and the District of Columbia from practicing barbering, hairdressing, and cosmetic
109-14	therapy and/or manicuring or esthetics in this state for a period of three (3) months; provided, that
109-15	they apply for and are licensed in this state within three (3) months from the commencement of
109-16	their employment. Nor shall it be construed as prohibiting persons who have been licensed under
109-17	the laws of another country or territory from practicing barbering, hairdressing, and cosmetic
109-18	therapy and/or manicuring or esthetics in this state; provided, that practice is in conformity with
109-19	the rules and regulations of the division; and provided, that in no case shall that practice cover a
109-20	period of more than three (3) months from the commencement of that employment.
109-21	5-10-13. Demonstrator's permit. -- The division may in its discretion issue to any
109-22	person recognized by the division as an authority on, or an expert in the theory or practice of,
109-23	barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics and is the holder of a
109-24	current esthetician's, manicurist's or a barber's, hairdresser's, and cosmetician's license in this
109-25	state, another state or the District of Columbia, a demonstrator's permit for not more than six (6)
109-26	days' duration for educational and instructive demonstrations; provided, that the permit shall not
109-27	be used in the sense of a license to practice barbering, manicuring, esthetics or hairdressing and
109-28	cosmetic therapy. The fee for the permit is ~~seventy dollars ($70.00)~~ as set forth in § 23-1-54.
109-29	5-10-15. Licensing of shops. -- (a) No shop, place of business or establishment shall be
109-30	opened or conducted within the state by any person, association, partnership, corporation, or
109-31	otherwise for the practice of barbering, manicuring and/or hairdressing and cosmetic therapy or
109-32	esthetics until the time that application for a license to operate that shop, place of business or
109-33	establishment for the practice of manicuring and/or hairdressing and cosmetic therapy or esthetics
109-34	is made, to the division, in the manner and on the forms that it prescribes, and a license, under the
110-1	terms and conditions, not contrary to law, that the division requires shall be granted for it and a
110-2	license issued.
110-3	(1) No licenses shall be granted to any shop, place of business, or establishment for the
110-4	practice of hairdressing and cosmetic therapy unless the proprietor or a supervising manager in
110-5	the practice of barbering, hairdressing and cosmetic therapy, of the shop, place of business, or
110-6	establishment is licensed and has been licensed as a licensed barber or hairdresser and
110-7	cosmetician for a period of at least one year immediately prior to the filing of the application for
110-8	the license.
110-9	(2) No license shall be granted to any shop, place of business, or establishment for the
110-10	practice of manicuring or esthetics unless the proprietor or a supervising manager of the
110-11	proprietor is licensed and has been licensed as a licensed barber, hairdresser and cosmetician,
110-12	manicurist or esthetician for a period of at least one year immediately prior to the filing of the
110-13	application for the license.
110-14	(3) The supervising manager shall be registered with the division as the manager of a
110-15	licensed shop and shall only be registered to manage one shop at a time. The proprietor of the
110-16	licensed shop and the manager shall notify the division, in writing, within ten (10) days upon the
110-17	termination of employment as the manager of the licensed shop. The license of the shop shall
110-18	expire forty-five (45) days after the division is notified by the proprietor if no new manager is
110-19	registered with the division as the supervising manager of the shop.
110-20	(b) All licenses issued under this section shall terminate on the first day of July following
110-21	the date of issue. The fee for the license is ~~one hundred and thirty dollars ($130) and for each~~
110-22	~~renewal of the license the fee is one hundred and thirty dollars ($130)~~ as set forth in § 23-1-54.
110-23	SECTION 2. Sections 5-25-10, 5-25-11, and 5-25-12 of the General Laws in Chapter 5-
110-24	25 entitled “Veterinary Practice” are hereby amended to read as follows:
110-25	5-25-10. Qualifications for licensure. -- Any applicant for licensure shall submit to the
110-26	department written evidence on forms furnished by the department verified by oath that the
110-27	applicant meets all of the following requirements:
110-28	(1) Is a graduate of a school or college of veterinary medicine recognized and accredited
110-29	by the American Veterinary Medical Association and by the department or certification by the
110-30	Educational Council for Foreign Veterinary Graduates;
110-31	(2) Pays an application fee ~~of forty dollars ($40.00)~~ as set forth in § 23-1-54 at the time of
110-32	submitting the application, which, in no case is returned to the applicant;
110-33	(3) Is of good moral character, evidenced in the manner prescribed by the department;
110-34	and
111-1	(4) Complies with any other qualifications that the department prescribes by regulation;
111-2	and
111-3	(5) Comply with the continuing education requirements adopted by the department.
111-4	5-25-11. Licensing of veterinarians. -- (a) By Examination. - The applicant is required
111-5	to pass, with a grade determined by the division, an examination approved by the division; upon
111-6	payment of an examination fee ~~of three hundred and thirty dollars ($330)~~ as set forth in § 23-1-54
111-7	every candidate who passes that examination, and in the opinion of the division meets the
111-8	qualifications of § 5-25-10, shall, upon payment of an initial license fee, which shall be equal to
111-9	the biennial license renewal fee in effect, be issued a license to practice veterinary medicine.
111-10	Veterinarians licensed under the provisions of this chapter on August 31, 1985 shall continue to
111-11	be licensed.
111-12	(b) Without Examination by Endorsement. A license to practice veterinary medicine may
111-13	be issued without examination to an applicant who has been duly licensed by examination as a
111-14	veterinarian under the laws of another state or territory or District of Columbia, if, in the opinion
111-15	of the division, the applicant meets the qualifications required of veterinarians in this state, as
111-16	further defined in rules and regulations.
111-17	5-25-12. Expiration and renewal of licenses. -- (a) The certificate of every person
111-18	licensed as a veterinarian under the provisions of this chapter expires on the first day of May of
111-19	each even numbered year. On or before the first day of March of each two (2) year period, the
111-20	department shall mail an application for renewal of license to every person to whom a license has
111-21	been issued or renewed during the current licensure period. Every person so licensed who desires
111-22	to renew his or her license shall file with the department a renewal application duly executed
111-23	together with a renewal fee ~~of three hundred and thirty dollars ($330)~~ as set forth in § 23-1-54 on
111-24	or before the thirty-first day of March of each even numbered year.
111-25	(b) Upon receipt of an application, and payment of the renewal fee, the department shall
111-26	grant a renewal license effective the second day of May, and expiring on the first day of May of
111-27	the next even numbered year.
111-28	(c) Any person who allows his or her license to lapse by failing to renew it on or before
111-29	the thirty-first day of March of the next even numbered year, as provided in subsection (a), may
111-30	be reinstated by the department on payment of the current renewal fee plus an additional fee of
111-31	~~ninety ($90.00)~~ as set forth in § 23-1-54.
111-32	(d) Any person using the title "veterinarian" during the time that his or her license has
111-33	lapsed is subject to the penalties provided for violations of this chapter.
112-34	(e) Every veterinarian licensed to practice veterinary medicine within the state shall, in
112-35	connection with renewal of licensure, provide satisfactory evidence to the department that in the
112-36	preceding two-year period the veterinarian has completed a prescribed course of continuing
112-37	professional education established by an appropriate professional veterinary medicine association
112-38	and approved by rule or regulation of the department. The department may extend for only one
112-39	six (6) month period, these education requirements if the department is satisfied that the applicant
112-40	has suffered hardship which prevented meeting the educational requirement.
112-41	SECTION 3. Sections 5-29-7, 5-29-11, 5-29-13, and 5-29-14 of the General Laws in
112-42	Chapter 5-29 entitled “Podiatrists” are hereby amended to read as follows:
112-43	5-29-7. Examination of applicants - Fees – Reexamination. -- The division of
112-44	professional regulation board of podiatry examiners is empowered to review applications as
112-45	defined in this chapter and to require a minimum application fee ~~of four hundred and ten dollars~~
112-46	~~($410)~~ as set forth in § 23-1-54 at the time of application. Application fees are not refundable
112-47	unless sickness or other good cause appearing to the satisfaction of the division such applicant
112-48	was prevented from attending and completing the examination. One further or subsequent
112-49	examination under that application may be given to applicants in the discretion of the division,
112-50	without payment of an additional fee.
112-51	5-29-11. Fee. -- The biennial renewal fee shall ~~not be less than two hundred and sixty~~
112-52	~~($260) nor be more than four hundred and ninety dollars ($490)~~ be as set forth in § 23-1-54.
112-53	5-29-13. Limited registrations. -- (a) An applicant for limited registration under this
112-54	chapter who furnishes the division of professional regulation of the department of health with
112-55	satisfactory proof that the applicant is eighteen (18) years of age or older and of good moral
112-56	character, that the applicant has creditably completed not less than two (2) years of study in a
112-57	legally chartered podiatry school that is accredited by the Council on Podiatric Medical Education
112-58	of the American Podiatric Medical Association having power to grant degrees in podiatry, and
112-59	that the applicant has been appointed an intern, resident, fellow, or podiatry officer in a hospital
112-60	or other institution maintained by the state, or by a city or town, or in a hospital or clinic which is
112-61	incorporated under the laws of this state or in a clinic which is affiliated with a hospital licensed
112-62	by the department of health, or in an out-patient clinic operated by the state, may, upon the
112-63	payment ~~of seventy ($70.00)~~ in an amount set forth in § 23-1-54, be registered by the division as
112-64	a hospital officer for any time that the division prescribes. The limited registration entitles the
112-65	applicant to practice podiatry in the hospital or other institution designated on his or her
112-66	certificate of limited registration, or outside that hospital or other institution for the treatment,
112-67	under the supervision of one of its medical officers who is a duly licensed physician and/or
112-68	podiatrist or persons accepted by it as patients, or in any hospital, institution, clinic, or program
113-1	affiliated for training purposes with the hospital, institution, or clinic designated on the certificate,
113-2	which affiliation is approved by the division of professional regulation and the Council of
113-3	Podiatric Medical Education of the American Podiatric Medical Association and in any case
113-4	under regulations established by such hospital, institution, or clinic. Provided, that each hospital,
113-5	institution, or clinic shall annually submit to the division of professional regulation a list of
113-6	affiliated hospitals, institutions, clinics, or programs providing training programs which comply
113-7	with the terms of this section. Limited registration under this section may be revoked at any time
113-8	by the division.
113-9	(b) The division of professional regulation of the department of health may promulgate
113-10	any rules and regulations that it deems necessary to effect the provisions of this chapter.
113-11	5-29-14. Limited registration – Academic faculty. -- Notwithstanding any other
113-12	provisions of this chapter, a podiatrist of noteworthy and recognized professional attainment who
113-13	is a clearly outstanding podiatrist and who has been offered by the dean of a medical school or
113-14	podiatry school in this state a full-time academic appointment, is eligible for a limited registration
113-15	while serving on the academic staff of the medical school or podiatry school. Upon
113-16	recommendation of the dean of an accredited school of medicine, podiatry in this state, the board
113-17	in its discretion, after being satisfied that the applicant is a graduate of a foreign podiatry school
113-18	and a person of professional rank whose knowledge and special training will benefit that medical
113-19	school, podiatry school may issue to that podiatrist a limited registration to engage in the practice
113-20	of podiatry to the extent that the practice is incidental to a necessary part of his or her academic
113-21	appointment and then only in the hospital or hospitals and out-patient clinics connected with the
113-22	medical school or podiatry school. Except to the extent authorized by this section, the registrant
113-23	shall not engage in the practice of podiatry or receive compensation for that practice, unless he or
113-24	she is issued a license to practice podiatry. The registration is valid for a period of not more than
113-25	one year expiring on the 30th day of June following its initial effective date but may be renewed
113-26	annually; provided, that such registration automatically expires when the holder's relationship
113-27	with the medical school or podiatry school is terminated. The application fee for the registration
113-28	authorized under this ~~section is five hundred and seventy ($570) The~~ and for the application fee
113-29	for biennial renewal, as promulgated by the director, shall be ~~not less than two hundred and~~
113-30	~~eighty ($280) nor more than four hundred dollars ($400)~~ as set forth in § 23-1-54.
113-31	SECTION 4. Sections 5-30-7, 5-30-8 and 5-30-12 of the General Laws in Chapter 5-30
113-32	entitled “Chiropractors” are hereby amended to read as follows:
113-33	5-30-7. Certification of chiropractic physicians authorized to practice in other states.
113-34	-- The division of professional regulation of the department of health may, at its discretion,
114-1	dispense with the examination of any chiropractic physician authorized to practice chiropractic
114-2	medicine in any other state, and who has been practicing his or her profession in that state for at
114-3	least five (5) years and desires to reside permanently and practice his or her profession in this
114-4	state, provided the laws of that state require qualifications of a grade equal to those required in
114-5	Rhode Island, and provided that equal rights are accorded by that state to chiropractic physicians
114-6	of Rhode Island. The chiropractic physician shall make an application to the division for
114-7	exemption from examination and the division may in its discretion exempt him or her. If the
114-8	division exempts him or her, he or she shall pay a fee ~~of ninety dollars ($90.00)~~ as set forth in §
114-9	23-1-54 for a certificate of exemption from that examination, and upon receipt of that fee, the
114-10	division shall recommend him or her to the director of the department of health to receive a
114-11	certificate of qualification to practice chiropractic medicine.
114-12	5-30-8. Certification to practice physiotherapy. -- (a) Every person desiring to practice
114-13	physiotherapy in addition to chiropractic medicine and who completed a course of four (4) years,
114-14	of eight (8) months each, in some school of chiropractic medicine approved by the division of
114-15	professional regulation of the department of health, completed a course of three (3) years, of nine
114-16	(9) months each, at some school of chiropractic medicine approved by the division and an
114-17	additional year, of at least six (6) months, in physiotherapy and all branches of that field, at that
114-18	school, or has served as an intern for six (6) months in any year at an institution approved by the
114-19	division, and satisfies the division that he or she is qualified, may take an examination before the
114-20	state board of chiropractic examiners to determine his or her qualification to practice
114-21	physiotherapy in addition to chiropractic medicine.
114-22	(b) Every applicant for that examination shall pay a fee ~~of sixty dollars ($60.00)~~ for the
114-23	examination to the division of professional regulation of the department of health, provided that if
114-24	the examination is taken at the same time as the examination to determine the applicant's fitness
114-25	to practice chiropractic medicine, ~~but~~ only one fee ~~of ninety dollars ($90.00)~~ as set forth in § 23-
114-26	1-54 is charged. Every candidate who passes that examination shall be recommended by the
114-27	division of professional regulation of the department of health to the director of the department of
114-28	health to receive a certificate of qualification to practice physiotherapy.
114-29	5-30-12. Annual registration -- Payment of fees. -- Annually, during the month of
114-30	October in each year, every person granted a certificate to practice chiropractic medicine shall
114-31	register his or her name, address, and place of business with the division of professional
114-32	regulation of the department of health. The division shall keep a book for that purpose, and each
114-33	person registering shall pay a fee ~~of one hundred and seventy dollars ($170)~~ as set forth in § 23-1-
114-34	54 and shall receive a certificate of registration for the next succeeding fiscal year, unless the
115-1	certificate of practice has been suspended or revoked for cause, as provided in § 5-30-13. All fees
115-2	for examination, for certificate of exemption from examination, and for annual registration shall
115-3	be deposited as general revenues.
115-4	SECTION 5. Sections 5-31.1-6, 5-31.1-21, 5-31.1-22 and 5-31.1-23 of the General Laws
115-5	in Chapter 5-31.1 entitled “Dentists and Dental Hygienists” are hereby amended to read as
115-6	follows:
115-7	5-31.1-6. License to practice -- Qualifications of applicants -- Fee -- Reexamination. -
115-8	- (a) Authority to practice dentistry or dental hygiene under this chapter is by a license, issued by
115-9	the director of the department of health, to any reputable dentist or dental hygienist who intends
115-10	to practice dentistry or dental hygiene in this state, and who meets the requirements for licensure
115-11	prescribed in this chapter and regulations established by the board or the director.
115-12	(b) Applicants for licensure as dentists shall:
115-13	(1) Present satisfactory evidence of graduation from a school of dentistry accredited by
115-14	the American Dental Association Commission on Dental Accreditation or its designated agency
115-15	and approved by the board;
115-16	(2) Meet any other requirements that the board or director by regulation establishes; and
115-17	(3) Pass in a satisfactory manner any examinations that the board requires.
115-18	(c) Applicants for licensure as dental hygienists shall:
115-19	(1) Present satisfactory evidence of graduation from a school for dental hygiene
115-20	accredited by the American Dental Association Commission on Dental Auxiliary Accreditation or
115-21	its designated agency and approved by the board;
115-22	(2) Meet any other requirements that the board or director by regulation establishes; and
115-23	(3) Pass in a satisfactory manner any examination that the board requires.
115-24	(d) Any dentist ~~applying for licensure shall pay an application fee of five hundred and~~
115-25	~~seventy dollars ($570)~~ and any dental hygienist applying for licensure shall pay an application fee
115-26	~~of one hundred and thirty dollars ($130)~~ as set forth in § 23-1-54. Application fees shall in no
115-27	case be returned. Applicants requiring reexamination for dentistry ~~shall submit a fee of five~~
115-28	~~hundred and seventy dollars ($570) for each reexamination. Applicants requiring reexamination~~
115-29	and for dental hygiene shall submit ~~a fee of one hundred and thirty dollars ($130)~~ fees as set forth
115-30	in § 23-1-54 for each reexamination.
115-31	(e) Notwithstanding any other provision of law, the board of dental examiners may issue
115-32	a special license to qualifying dentists and dental hygienists under the terms and conditions set
115-33	forth in this section and pursuant to requirements which may be set forth in the rules and
115-34	regulations of the board. The special license may only be issued to a person who is retired from
116-1	the practice of dentistry or dental hygiene and not currently engaged in such practice either full-
116-2	time or part-time and has, prior to retirement, maintained full licensure in good standing in
116-3	dentistry or dental hygiene in any state.
116-4	(2) The special licensee shall be permitted to practice dentistry or dental hygiene only in
116-5	the non-compensated employ of public agencies or institutions, not-for-profit agencies, not-for-
116-6	profit institutions, nonprofit corporations, or not-for-profit associations which provide dentistry or
116-7	dental hygiene services only to indigent patients in areas which are underserved by dentists or
116-8	dental hygienists or critical need population areas of the state.
116-9	(3) The person applying for the special license under this section shall submit to the
116-10	board a notarized statement from the employing agency, institution, corporation, association or
116-11	health care program on a form prescribed by the board, whereby he or she agrees unequivocally
116-12	not to receive compensation for any dentistry or dental hygiene services he or she may render
116-13	while in possession of the special license.
116-14	(4) Any application fees and all licensure and renewal fees shall be waived for the holder
116-15	of the special license under this section.
116-16	(5) A dentist or dental hygienist licensed pursuant to this section shall comply with the
116-17	continuing education requirements established by the board of dental examiners in this state.
116-18	5-31.1-21. Biennial registration. -- (a) Effective beginning in the calendar year 2006, on
116-19	or before the first day of May in each even-numbered year the board shall mail an application for
116-20	biennial registration to every person to whom a license to practice dentistry or dental hygiene in
116-21	this state has been granted by the constituted licensing authority in the state. Every licensed
116-22	person who intends to engage in the practice of his or her profession during the ensuing two (2)
116-23	years shall register his or her license by filing with the board that application executed together
116-24	with any registration form and fee that is established by regulation by the director on or before the
116-25	first day of June in each even-numbered year. Upon receipt of that application and fee, the board
116-26	shall issue a registration certificate effective July 1 and expiring two (2) years following June 30,
116-27	and that registration certificate shall render its holder a registered practitioner of dentistry or
116-28	dental hygiene for that registration period.
116-29	(b) The registration certificate of all dentists and dental hygienists whose renewals
116-30	accompanied by the prescribed fee are not filed on or before the first day of July automatically
116-31	expire. The board may in its discretion and upon the payment by the dentist or dental hygienist of
116-32	the current registration fee plus an additional fee ~~of ninety dollars ($90.00)~~ as set forth in § 23-1-
116-33	54 reinstate any certificate expired under the provisions of this section. All unexpended monies in
116-34	the account of the board of dentistry are transferred to the new board of dentistry as created by
117-1	this section as of June 2, 1988.
117-2	(c) Dentists and dental hygienists not intending to practice in this state may request on a
117-3	biennial basis to be placed on inactive status. Those requests must be made, in writing, to the
117-4	dental administrator and must be accompanied by ~~a fee of one hundred and seventy dollars ($170)~~
117-5	~~for dentists and ninety dollars ($90.00) for dental hygienists~~ fees as set forth in § 23-1-54. Persons
117-6	on inactive status may be reinstated by paying the current annual registration fee and must meet
117-7	any requirements established by this chapter and as are further prescribed by the rules and
117-8	regulations.
117-9	5-31.1-22. Limited registrations. -- An applicant for limited registration under this
117-10	chapter who furnishes the board with satisfactory proof that the applicant is eighteen (18) years of
117-11	age or older and of good moral character, that the applicant has graduated from a dental school
117-12	accredited by the American Dental Association Commission on Dental Accreditation or its
117-13	designated agency and approved by the board, and that the applicant has been appointed an
117-14	intern, resident, fellow, or dental officer in a hospital or other institution maintained by the state,
117-15	or by a city or town, or in a hospital or clinic which is incorporated under the laws of this state or
117-16	in a clinic which is affiliated with a hospital licensed by the department of health, or in an out-
117-17	patient clinic operated by the state, may, upon the payment ~~of fifty dollars ($50.00)~~ as set forth in
117-18	§ 23-1-54 , be registered by the board as a hospital dental officer for any time that the board
117-19	prescribes; but that limited registration entitles the applicant to practice dentistry in the hospital or
117-20	other institution designated on his or her certificate of limited registration, or outside that hospital
117-21	or other institution for the treatment, under the supervision of one of its dental officers who is a
117-22	licensed dentist, in the state of persons accepted by it as patients, or in any hospital, institution,
117-23	clinic, or program affiliated for training purposes with the hospital, institution, or clinic
117-24	designated on this certificate, which affiliation is approved by the board, and in any case under
117-25	regulations established by that hospital, institution, or clinic. Each hospital, institution, or clinic
117-26	shall annually submit to the board a list of training programs which comply with the terms of this
117-27	section. Limited registration under this section may be revoked at any time by the board. The
117-28	board and/or the director may promulgate any rules and regulations that it deems necessary to
117-29	carry out the provisions of this section.
117-30	5-31.1-23. Limited registration -- Academic faculty – Fees. -- (a) Notwithstanding any
117-31	other provisions of this chapter, a dentist of noteworthy and recognized professional attainment,
117-32	who is a clearly outstanding dentist and who has been offered by the dean of a medical school,
117-33	dental school, or school of dental hygiene in this state a full-time academic appointment, is
117-34	eligible for a limited registration while serving on the academic staff of the medical school, dental
118-1	school, or school of dental hygiene. Upon recommendation of the dean of an accredited school of
118-2	medicine, dentistry, or school of dental hygiene in this state, the board in its discretion, after
118-3	being satisfied that the applicant is a graduate of a foreign dental school and a person of
118-4	professional rank whose knowledge and special training will benefit that medical school, dental
118-5	school, or school of dental hygiene may issue to that dentist a limited registration to engage in the
118-6	practice of dentistry to the extent that the practice is incidental to a necessary part of his or her
118-7	academic appointment and then only in the hospital or hospitals and out-patient clinics connected
118-8	with the medical school, dental school, or school of dental hygiene.
118-9	(b) Except to the extent authorized by this section, the registrant shall not engage in the
118-10	practice of dentistry or receive compensation for it, unless he or she is issued a license to practice
118-11	dentistry in accordance with the provisions of this chapter. The registration is valid for a period of
118-12	not more than one year expiring on the 30th day of June following its initial effective date but
118-13	may be renewed annually. The registration shall automatically expire when the holder's
118-14	relationship with the medical school, dental school, or school of dental hygiene is terminated.
118-15	(c) The application fee for the registration authorized and for initial annual renewal under
118-16	this section is ~~five hundred and seventy dollars ($570)~~ as set forth in § 23-1-54. ~~The application~~
118-17	~~fee for initial annual renewal is one hundred and seventy ($170).~~ Subsequently, fees are as
118-18	promulgated by the director.
118-19	SECTION 6. Sections 5-32-2, 5-32-3, 5-32-6, 5-32-7, 5-32-13 and 5-32-17 of the
118-20	General Laws in Chapter 5-32 entitled “Electrolysis” are hereby amended to read as follows:
118-21	5-32-2. Penalty for unlicensed practice. -- Every person who subsequently engages in
118-22	the practice of electrolysis in this state without being licensed by the board of examiners in
118-23	electrolysis is practicing illegally and, upon conviction, shall be fined ~~not more than twenty-five~~
118-24	~~dollars ($25.00)~~ as set forth in § 23-1-54 and every day of the continuation of illegal practice is a
118-25	separate offense.
118-26	5-32-3. Certificates -- Applications -- Penalty for violations. -- The division of
118-27	professional regulation of the department of health shall issue certificates to practice electrolysis,
118-28	as defined in this chapter, to any persons that comply with the provisions of this chapter. Any
118-29	person who desires to engage in that practice shall submit, in writing, in any form that is required
118-30	by the board, an application for a certificate to engage in that practice. The application shall be
118-31	accompanied by a fee ~~of one hundred dollars ($100)~~ as set forth in § 23-1-54. Any person, firm,
118-32	corporation or association violating any of the provisions of this chapter commits a misdemeanor
118-33	and, upon conviction, shall be punished by a fine ~~not to exceed two hundred dollars ($200)~~ as set
118-34	forth in § 23-1-54, or imprisoned for a period not to exceed three (3) months, or both the fine and
119-1	imprisonment.
119-2	5-32-6. Examination of applicants -- Expiration and renewal of certificates. -- (a)
119-3	Examination of applicants for certificates shall be held at least twice a year in the city of
119-4	Providence and may be held elsewhere at the discretion of the division of professional regulation
119-5	of the department of health. The division has the power to adopt, change, alter and amend, rules
119-6	and regulations for the conducting of those examinations, and may fix the fee for reexamination.
119-7	The division shall issue to each person successfully passing the examination, where an
119-8	examination is required, and who satisfies the division of his or her qualifications, a certificate,
119-9	signed by the administrator of the division, entitling him or her to practice that business in this
119-10	state for the annual period stated in the certificate, or until the certificate is revoked or suspended,
119-11	as subsequently provided.
119-12	(b) All certificates shall expire on the 30th day of April of each year, unless sooner
119-13	suspended or revoked, and shall be renewed for the next ensuing year by the division upon
119-14	payment to the division of an annual renewal fee ~~of thirty-one dollars and fifty cents ($31.50)~~ as
119-15	set forth in § 23-1-54 for each renewal.
119-16	5-32-7. Certification of licensees from other states. -- Any person licensed to practice
119-17	electrolysis in any other state or states, who is, or in good faith intends to become, a resident of
119-18	this state, where the requirements are the equivalent of those of this state and who meets the
119-19	requirements of this chapter shall be entitled to take that examination and, if he or she passes that
119-20	examination, shall be, upon the payment of a fee ~~of sixty-two dollars and fifty cents ($62.50)~~ as
119-21	set forth in § 23-1-54 , entitled to be licensed under the provisions of this chapter.
119-22	5-32-13. Annual renewal of certificates. -- All certificates issued under the provisions
119-23	of this chapter shall be renewed annually by the holders of the certificate at an annual renewal fee
119-24	~~of thirty-one dollars and fifty cents ($31.50)~~ as set forth in § 23-1-54 by the division of
119-25	professional regulation of the department of health.
119-26	5-32-17. Qualifications for teaching electrolysis -- (a) A person in order to qualify as an
119-27	instructor or teacher of electrolysis to apprentices must:
119-28	(1) Have been actively engaged as a licensed practitioner of electrolysis for at least five
119-29	(5) years.
119-30	(2) Pass a state board examination specifically designed to evaluate his or her
119-31	qualifications to teach electrolysis.
119-32	(3) Be a high school graduate or the equivalent.
119-33	(b) Upon satisfactorily passing this examination, the division of professional regulation of
119-34	the department of health shall issue a license to the person upon the payment of a fee ~~of eighty~~
120-1	~~dollars ($80.00)~~ as set forth in § 23-1-54.
120-2	(c) A qualified licensed electrologist shall not register more than one apprentice for each
120-3	nine (9) month training period.
120-4	SECTION 7. Sections 5-33.2-12, 5-33.2-13.1, 5-33.2-15, and 5-33.2-16 of the General
120-5	Laws in Chapter 5-33.2 entitled “Funeral Director/Embalmer Funeral Service Establishments” are
120-6	hereby amended to read as follows:
120-7	5-33.2-12. funeral establishment and branch offices licenses. -- (a) No person,
120-8	association, partnership, corporation, limited liability company or otherwise, shall conduct,
120-9	maintain, manage, or operate a funeral establishment or branch office unless a license for each
120-10	funeral establishment and branch office has been issued by the department and is conspicuously
120-11	displayed. In the case of funeral services conducted under the license of a funeral establishment
120-12	held in any private residence, public building or church, no separate establishment license shall be
120-13	required. A licensed funeral establishment must be distinct and separate from other non- funeral
120-14	service related activity for which it is licensed. No license to operate a funeral establishment shall
120-15	be issued by the department unless the applicant for the funeral establishment license has
120-16	registered with the department a licensed funeral director/embalmer who shall be in charge as the
120-17	funeral director of record. The branch office of a funeral establishment must have a separate
120-18	branch office establishment license but not a separate funeral director of record. One branch
120-19	office shall be allowed to operate under the funeral establishment license, and this one branch
120-20	office may be permitted to operate without a preparation room. Applications for the funeral
120-21	establishment license and branch office shall be made on forms furnished by the division
120-22	accompanied by the application ~~fee of seventy dollars ($70.00) for the funeral establishment and~~
120-23	~~seventy dollars ($70.00) for each branch office~~ fees as set forth in § 23-1-54. Upon receipt of a
120-24	completed application and the recommendation of the board, the division shall issue a license. All
120-25	funeral establishment and branch office licenses shall expire on the thirty-first day of December
120-26	of each year, unless sooner suspended or revoked. A license shall be issued to a specific licensee
120-27	for a specific location and is not transferable. The funeral establishment licensee shall notify the
120-28	division, in writing, delivered in person or by certified mail, within ten (10) days from the date of
120-29	termination of employment, for any cause, of the funeral director/embalmer of record with the
120-30	division for the funeral establishment. The license of the funeral establishment shall expire forty-
120-31	five (45) days from the date the division was notified by the licensee, if no new funeral
120-32	director/embalmer is registered with the division. No funeral services shall be conducted at the
120-33	funeral establishment without a funeral director/embalmer being registered with the division as
120-34	the funeral director of record for that funeral establishment. Two (2) licensed funeral directors
121-1	may operate jointly at one location if one of their existing funeral establishments closes its place
121-2	of business and joins an existing licensed funeral establishment. Each firm will hold its own
121-3	separate establishment license. One cannot operate a branch office by invoking this section.
121-4	Human dead remains shall not be held more than forty-eight (48) hours without embalming or
121-5	without refrigeration for the purpose of maintaining public health. A funeral establishment must
121-6	at the minimum contain a preparation room equipped with tile, cement, or composition floor,
121-7	necessary drainage and ventilation, and containing necessary instruments and supplies for the
121-8	preparation and embalming of dead human remains for burial, transportation, or other disposition.
121-9	(b) Any person who inherits any ownership interest to a funeral establishment may
121-10	continue to conduct the business of that establishment as their ownership interest would allow
121-11	upon the following:
121-12	(1) Filing with the division a statement of change of fact concerning that inheritance.
121-13	(2) Conducting the business of the establishment in compliance with all the requirements
121-14	of this chapter.
121-15	5-33.2-13.1. Crematories – License and inspection. --No crematory owned or operated
121-16	by or located on property licensed as a funeral establishment or at another location or by a
121-17	cemetery shall conduct cremations without first having applied for and obtained a license from
121-18	the department. Applications for the crematory license shall be made on forms furnished by the
121-19	division accompanied by the application fee ~~of ninety dollars ($90.00)~~ as set forth in § 23-1-54.
121-20	Upon receipt of a completed application, the department shall issue a license. A license shall be
121-21	issued to a specific licensee for a specific location and is not transferable. The facility and
121-22	licensee shall meet all requirements as prescribed by the rules and regulations established by the
121-23	department, not inconsistent with this chapter.
121-24	5-33.2-15. Annual renewal of licenses. --All licenses issued under the provisions of this
121-25	chapter must be renewed annually by their holders, who shall pay to the division a yearly renewal
121-26	fee ~~of one hundred and thirty dollars ($130)~~ for the renewal of a funeral director/embalmer's
121-27	license, ~~ninety dollars ($90.00)~~ and additional fees for each funeral establishment branch office
121-28	license and ~~ninety dollars ($90.00)~~ for the crematory license. These fees are as set forth in § 23-1-
121-29	54. On or before the fifteenth day of November in each year, the division shall mail to each
121-30	licensed funeral director/embalmer and to each licensed funeral establishment, funeral
121-31	establishment branch office and crematory an application for the renewal. Applications,
121-32	accompanied by the fee for renewal, shall be filed with the division on or before the thirty-first
121-33	day of December in each year. Applications filed after the thirty-first of December and on or
121-34	before the fifteenth of January must be accompanied by a fee ~~of seventy dollars ($70.00)~~ as set
122-1	forth in § 23-1-54 for funeral director/embalmers and funeral establishments in addition to the
122-2	previously established renewal fees. Any funeral director/embalmer who acts or holds himself or
122-3	herself out as a funeral director/embalmer after his or her certificate has been lapsed shall be
122-4	punished as provided in this chapter. Any funeral establishment, funeral establishment branch
122-5	office or crematory who acts or holds itself out as a funeral establishment after its license has
122-6	lapsed shall be punished as provided in this chapter.
122-7	5-33.2-16. Funeral director/Embalmer -- Internship. -- (a) Nothing in this chapter
122-8	shall be construed as prohibiting any person from serving as a funeral director/embalmer intern.
122-9	Before an internship begins the person desiring to become an intern shall register with the
122-10	division on any forms that it prescribes. No person under the age of eighteen (18) years shall be
122-11	permitted to register as an intern. The division may make any rules and regulations that it deems
122-12	advisable for the supervision of interns. All persons registering as an intern shall pay a fee of
122-13	~~forty dollars ($40.00)~~ as set forth in § 23-1-54 at the time of the registration. That intern is not
122-14	permitted to advertise or hold himself or herself out to the public as a registered funeral
122-15	director/embalmer. The term of internship shall be not less than one year; provided, that if an
122-16	intern after having served his or her internship fails to pass the examination for a funeral
122-17	director/embalmer's license or fails to embalm fifty (50) human remains during their internship,
122-18	he or she may continue their internship. The total term of internship must be completed within
122-19	five (5) years from the date of original registration.
122-20	(b) The intern must have assisted in embalming at least fifty (50) bodies if the period for
122-21	registered internship is to be satisfied in one year. If the internship is for more than one year, the
122-22	applicant must embalm at least twenty-five (25) bodies for each year of their internship. Each
122-23	licensed funeral establishment embalming up to one hundred fifty (150) human remains per year
122-24	shall be allowed to register one intern at one time. Each establishment embalming more than one
122-25	hundred fifty (150) but less than three hundred (300) human remains per year shall be allowed to
122-26	register two (2) interns at one time. Each establishment embalming three hundred (300) or more
122-27	human remains per year shall be allowed to register three (3) interns at one time.
122-28	SECTION 8. Sections 5-34-12, 5-34-16, 5-34-19, 5-34-37, and 5-34-40.3 of the General
122-29	Laws in Chapter 5-34 entitled “Nurses” are hereby amended to read as follows:
122-30	5-34-12. Application fee for professional nurses. --The applicant for a license to
122-31	practice as a professional nurse shall pay a fee ~~of one hundred and thirty dollars ($130)~~ as set
122-32	forth in § 23-1-54.
122-33	5-34-16. Application fee for practical nurse licensure. -- The applicant for licensure to
122-34	practice as a licensed practical nurse shall pay a ~~fee of ninety ($90.00)~~ as set forth in § 23-1-54.
123-1	5-34-19. Expiration and renewal of licenses -- (a) The license of every person licensed
123-2	under this chapter shall expire on the first day of March of every other year following the date of
123-3	license. On or before the first day of January of every year, the director shall mail an application
123-4	for renewal of license to people scheduled to be licensed that year. Every person who wishes to
123-5	renew his or her license shall file with the department a duly executed renewal application
123-6	together with the renewal fee ~~of ninety dollars ($90.00)~~ as set forth in § 23-1-54.
123-7	(b) Upon receipt of an application accompanied by payment of fees, the department shall
123-8	grant a renewal license effective March second and expiring two (2) years later on March first,
123-9	and that renewal license shall render the holder a legal practitioner of nursing for the period stated
123-10	on the certificate of renewal. Every person seeking renewal of a license pursuant to this section
123-11	shall provide satisfactory evidence to the department that in the preceding two (2) years the
123-12	practitioner has completed the ten (10) required continuing education hours as established by the
123-13	department through rules and regulations. The department may extend for only one six (6) month
123-14	period these educational requirements if the department is satisfied that the applicant has suffered
123-15	hardship, which prevented meeting the educational requirement.
123-16	(c) Any person practicing nursing during the time his or her license has lapsed shall be
123-17	considered an illegal practitioner and is subject to the penalties provided for violation of this
123-18	chapter.
123-19	(d) A licensee whose license has expired by failure to renew may apply for reinstatement
123-20	according to the rules established by the board. Upon satisfaction of the requirements for
123-21	reinstatement, the board shall issue a renewal of license.
123-22	5-34-37. Application fee for certified registered nurse practitioners. -- The initial
123-23	application fee for licensure as a certified registered nurse practitioner ~~shall be one hundred and~~
123-24	~~thirty dollars ($130). The~~ , the renewal fee for a certified registered nurse practitioner ~~shall be one~~
123-25	~~hundred and thirty dollars ($130) biennially, ninety dollars ($90.00) for registered nurse fee plus~~
123-26	~~forty dollars ($40.00) for the certified registered nurse practitioner. The~~ ,and the fee for
123-27	application for prescriptive privileges shall ~~be fifty dollars ($50.00)~~ as set forth in § 23-1-54.
123-28	5-34-40.3. Application fee for psychiatric and mental health clinical nurse
123-29	specialists. -- The initial application fee for licensure as a psychiatric and mental health clinical
123-30	nurse specialist, ~~shall be one hundred and thirty dollars ($130). The~~ the renewal fee for a
123-31	psychiatric and mental health clinical nurse specialist, ~~shall be one hundred and thirty dollars~~
123-32	~~($130) biennially; ninety dollars ($90.00) for the registered nurse fee plus forty dollars ($40.00)~~
123-33	~~for the psychiatric and mental health clinical nurse specialist. The fee~~ and the ~~for~~ application fee
123-34	for prescriptive privileges shall be ~~fifty dollars ($50.00)~~ as set forth in § 23-1-54.
124-1	SECTION 9. Section 5-34.2-4 of the General Laws in Chapter 5-34.2 entitled “Nurse
124-2	Anesthetists” is hereby amended to read as follows:
124-3	5-34.2-4. Duties of board. -- (a) Applications. Applicants for licensure shall submit
124-4	appropriate certification credentials, as described in § 5-34.2-3, plus an application fee (not
124-5	refundable) made payable to the general treasurer, state of Rhode Island, ~~for one hundred and~~
124-6	~~thirty dollars ($130)~~ as set forth in § 23-1-54.
124-7	(b) Renewal. Licensure as a nurse anesthetist shall be renewed during the same period as
124-8	the professional registered nurses license to practice in Rhode Island. Renewal fee for a nurse
124-9	anesthetists license shall be ~~one hundred and thirty ($130), ninety dollars ($90.00) of this shall be~~
124-10	~~for the professional registered nurses license and forty dollars ($40.00) of this shall be for the~~
124-11	~~nurse anesthetists license~~ as set forth in § 23-1-54.
124-12	(c) Revocations, suspension or refusal to renew licensure. The board may revoke,
124-13	suspend or refuse to renew the licensure of any nurse anesthetist, if the board finds that the person
124-14	fails to meet the requirements for practice as a nurse anesthetist specified in either this chapter or
124-15	board regulation.
124-16	(d) Announcement of practice. No person may practice or advertise as a nurse anesthetist
124-17	or use other words, letters, signs, figures or devices to indicate that the person is a certified
124-18	registered nurse anesthetist, CRNA, until the person has first been licensed by the board.
124-19	SECTION 10. Sections 5-35.1-4, 5-35.1-7, 5-35.1-19 and 5-35.1-20 of the General Laws
124-20	in Chapter 5-35.1 entitled “Optometrists” are hereby amended to read al follows:
124-21	5-35.1-4. Fee for license. -- Every applicant shall pay to the department a fee ~~of ninety~~
124-22	~~dollars ($90.00)~~ as set forth in § 23-1-54 which shall accompany his or her application for a
124-23	license.
124-24	5-35.1-7. Renewal of license to practice optometry. --Every licensed optometrist who
124-25	desires to continue the practice of optometry shall attest to the completion of a prescribed course
124-26	of continuing optometric education. He or she shall annually pay to the department a renewal fee
124-27	~~of one hundred seventy dollars ($170)~~. An additional fee ~~of seventy dollars ($70.00)~~ shall be
124-28	charged to the licensee who fails to renew by the license expiration date. Retirement from
124-29	practice in this state for a period not exceeding five (5) years shall not deprive the holder of a
124-30	certificate of license or the right to renew a certificate upon the payment of all annual renewal
124-31	fees remaining unpaid, and ~~a further fifty dollars ($50.00) as~~ together with an added fee. All fees
124-32	required by this section shall be as set forth in § 23-1-54.
124-33	5-35.1-19. Construction of glass lenses – Violations penalty. -- (a) No person shall
124-34	distribute, sell, or deliver any eyeglasses or sunglasses unless those eyeglasses or sunglasses are
125-1	fitted with heat-treated glass lenses, plastic lenses, lamination lenses, or lenses made impact-
125-2	resistant by other methods. The provisions of this subsection do not apply if a physician or
125-3	optometrist, having found that those lenses will not fulfill the visual requirements of a particular
125-4	patient, directs, in writing, the use of other lenses and gives written notification to the patient.
125-5	Before they are mounted in frames, all impact-resistant eyeglasses and sunglass lenses, except
125-6	plastic lenses, laminated lenses, and raised ledge multi focal lenses must withstand an impact test
125-7	of a steel ball five-eighths (5/8) of an inch in diameter weighing approximately fifty-six
125-8	hundredths of an ounce (0.56 oz.) dropped from a height of fifty inches (50"). Raised ledge multi
125-9	focal lenses are capable of withstanding the impact test but do not need to be tested beyond initial
125-10	design testing. To demonstrate that all plastic lenses and laminated lenses are capable of
125-11	withstanding the impact test, the manufacturer of the lenses shall subject to the impact test a
125-12	statistically significant sampling of lenses from each production batch, and the tested lenses are
125-13	representative of the finished forms as worn by the wearer. Plastic prescription and plastic non-
125-14	prescription lenses, tested on the basis of statistical significance, may be tested in uncut finished
125-15	or semi-finished form at the point of original manufacture.
125-16	(b) Any person convicted of violating the provisions of this section shall be punished by a
125-17	fine of not less than ~~five hundred dollars ($500)~~ that set forth in § 23-1-54 for each violation.
125-18	5-35.1-20 Penalty for violations. -- Any person who violates the provisions of this
125-19	chapter shall be punished by a fine or not more than ~~two hundred dollars ($200)~~ that set forth in §
125-20	23-1-54, or shall be imprisoned for not more than three (3) months for each offense.
125-21	SECTION 11. Section 5.35.2-3 of the General Laws in Chapter 5-53.2 entitled
125-22	“Opticians” is hereby amended to read as follows:
125-23	5-35.2-3. Optician's biennial license fee. -- Every applicant shall pay to the department
125-24	a fee ~~of ninety dollars ($90)~~ as set forth in § 23-1-54 which shall accompany his or her
125-25	application for a license. No one shall be permitted to practice opticianry without a valid license.
125-26	SECTION 12. Sections 5-37-2, 5-37-10, 5-37-16 and 5-37-16.1 of the General Laws in
125-27	Chapter 5-37 entitled “Board of Medical Licensure and Discipline” are hereby amended to read
125-28	as follows:
125-29	5-37-2. License to practice -- Qualifications of applicants -- Fee – Reexamination. --
125-30	(a) Authority to practice allopathic or osteopathic medicine under this chapter shall be by a
125-31	license issued by the director of the department of health to any reputable physician who intends
125-32	to practice allopathic or osteopathic medicine in this state, and who meets the requirements for
125-33	licensure established in this chapter and regulations established by the board or by the director.
125-34	Applicants for licensure shall present satisfactory evidence of graduation from a medical school
126-1	or school of osteopathic medicine approved by the board and in good standing, shall meet post
126-2	graduate training requirements and any other requirements that the board or director establishes
126-3	by regulation, and shall pass in a satisfactory manner any examination that the board may require.
126-4	Any physician applying for licensure shall pay an a non refundable application fee ~~of five~~
126-5	~~hundred and seventy dollars ($570) and that fee shall in no case be returned. Applicants requiring~~
126-6	~~reexamination shall submit a fee of five hundred and seventy dollars ($570)~~ and when applicable
126-7	a reexamination fee for each reexamination, in a total amount as set forth in § 23-1-54.
126-8	(2) A license to practice allopathic medicine shall be issued to persons who have
126-9	graduated from a school of medicine, possess a degree of doctor of medicine (or meet the
126-10	requirements of subsection (b) of this section), and meet the requirements for licensure.
126-11	(3) A license to practice osteopathic medicine shall be issued to persons who have
126-12	graduated from a school of osteopathic medicine and possess a degree of doctor of osteopathy
126-13	and otherwise meet the requirements for licensure. A license to practice osteopathic medicine
126-14	shall confer upon the holder the right to practice osteopathic medicine in all its branches as taught
126-15	and practiced in accredited colleges of osteopathic medicine. The holder of that license shall be
126-16	subject to the same duties and liabilities and entitled to the same rights and privileges, which may
126-17	be imposed by law or governmental regulation, upon physicians of any school of medicine.
126-18	(b) Qualification of Certain Other Applicants for License. Notwithstanding any other
126-19	provisions of this section an individual, who at the time of his or her enrollment in a medical
126-20	school outside the United States is a citizen of the United States, shall be eligible to apply for a
126-21	certificate pursuant to this section if he or she has satisfied the following requirements:
126-22	(i) Has studied medicine in a medical school located outside the United States, which is
126-23	recognized by the World Health Organization;
126-24	(ii) Has completed all of the formal requirements of the foreign medical school except
126-25	internship and/or social service;
126-26	(iii) Has attained a score satisfactory to a medical school approved by the liaison
126-27	committee on medical education on a qualifying examination acceptable to the state board for
126-28	medicine, and has satisfactorily completed one academic year of supervised clinical training
126-29	under the direction of any United States medical school;
126-30	(iv) Has completed the post-graduate hospital training required by the board of applicants
126-31	for licensure; and
126-32	(v) Has passed the examination required by the board of all applicants for licensure.
126-33	(2) Satisfaction of the requirements of subdivision (1) of this subsection is in lieu of the
126-34	completion of any foreign internship and/or social service requirements, and no such
127-1	requirements are a condition of licensure as a physician in this state.
127-2	(3) Satisfaction of the requirements of subdivision (1) of this subsection is in lieu of
127-3	certification by the educational council for foreign medical graduates, and this certification is not
127-4	a condition of licensure as a physician in this state.
127-5	(4) No hospital licensed by this state, or operated by the state or a political subdivision of
127-6	the state, or which receives state financial assistance, directly or indirectly, requires an individual,
127-7	who at the time of his or her enrollment in a medical school outside the United States is a citizen
127-8	of the United States, to satisfy any requirements other than those contained in paragraphs
127-9	(1)(i),(ii), and (iii) of this subsection prior to commencing an internship or residency.
127-10	(5) A document granted by a medical school located outside the United States which is
127-11	recognized by the World Health Organization issued after the completion of all the formal
127-12	requirements of that foreign medical school except internship and/or social service, upon
127-13	certification by the medical school in which this training was received of satisfactory completion
127-14	by the person to whom this document was issued of the requirements in paragraph (1)(iii) of this
127-15	subsection, shall be deemed the equivalent of a degree of doctor of medicine for purposes of
127-16	licensure and practice as a physician in this state.
127-17	(6) No funds appropriated by the general assembly to any school or college of medicine
127-18	shall be disbursed until the director of the department of health has certified that this school or
127-19	college has established, and will maintain until December 31, 1989, a clinical training program as
127-20	contemplated by paragraph (1)(iii) of this subsection, to accommodate residents of this state
127-21	deemed qualified by that school or college of medicine consistent with that school's or college's
127-22	educational resources.
127-23	5-37-10. Annual registration – Physicians -- Hospitals. -- (a) Effective beginning in
127-24	calendar year 2004, on or before the first day of March in each year, the board shall mail an
127-25	application for biannual registration to every person to whom a license to practice medicine in
127-26	this state has been granted by the licensing authority in the state. Every licensed person who
127-27	intends to engage in the practice of his or her profession during the ensuing two (2) year period
127-28	shall register his or her license by submitting to the board, on or before June 1, the application,
127-29	executed together with the registration form, and fee as established by regulation by the director
127-30	of the department of health. Upon receipt of the application and fee the board shall issue a
127-31	registration certificate effective July 1 and expiring two (2) years following on June 30. The
127-32	registration certificate renders the holder a registered practitioner of medicine for that registration
127-33	period. Effective beginning in calendar year 2004, any references in this chapter to annual
127-34	registration or annual limited registration shall be interpreted to mean biannual registration and
128-1	biannual limited registration, respectively.
128-2	(b) The registration certificate of all physicians whose renewals accompanied by the
128-3	prescribed fee are not completed and filed on or before the first day of July shall automatically
128-4	lapse. The board may, in its discretion and upon the payment by the physician of the current
128-5	registration fee plus an additional fee ~~of one hundred and thirty dollars ($130)~~ as set forth in § 23-
128-6	1-54, reinstate any certificate lapsed under the provisions of this section.
128-7	(c) Hospitals shall, on or before the first day of December of each year, submit an
128-8	application and annual fee to the board as a condition of rendering hospital services in the state.
128-9	The form of application and fee shall be as the director, by regulation, establishes; provided, that
128-10	the ratio of payment between hospital per bed licensing fees and the combined licensing and
128-11	board of medical licensure and discipline fees paid by physicians remain the same as the ratio that
128-12	existed as of January 1, 1987. All fees collected pursuant to this section shall be deposited as
128-13	general revenues.
128-14	5-37-16. Limited registrations. -- (a) An applicant for limited registration under this
128-15	chapter who furnishes the board with satisfactory proof that the applicant is eighteen (18) years of
128-16	age or older and of good moral character, that the applicant has graduated from a legally
128-17	chartered medical school or school of osteopathic medicine having power to grant degrees in
128-18	allopathic or osteopathic medicine, and that the applicant has been appointed an intern, resident,
128-19	fellow or medical officer in a hospital or other institution maintained by the state, or by a city or
128-20	town, or in a hospital or clinic which is incorporated under the laws of this state, or in a clinic
128-21	which is affiliated with a hospital licensed by the department of health, or in an out-patient clinic
128-22	operated by the state, may, upon the payment ~~of forty dollars ($40.00)~~ as set forth in § 23-1-54,
128-23	be registered by the board as a hospital medical officer for any time that the board may prescribe.
128-24	This limited registration shall entitle the applicant to practice medicine in the hospital or other
128-25	institution designated on his or her certificate of limited registration, or outside this hospital or
128-26	other institution for the treatment, under the supervision of one of its medical officers who is a
128-27	licensed physician, of persons accepted by it as patients, or in any hospital, institution, clinic, or
128-28	program affiliated for training purposes with the hospital, institution, or clinic designated on this
128-29	certificate, which affiliation is approved by the board, and in any case under regulations
128-30	established by the hospital, institution, or clinic; provided, that each hospital, institution, or clinic
128-31	annually submits to the board a list of affiliated hospitals, institutions, clinics, or programs
128-32	providing training programs which comply with the terms of this section. Limited registration
128-33	under this section may be revoked at any time by the board.
129-34	(b) The director may promulgate any rules and regulations that he or she deems necessary
129-35	to carry out the provisions of this chapter.
129-36	5-37-16.1. Limited registration – Academic faculty. -- Notwithstanding any other
129-37	provisions of this chapter, a physician of noteworthy and recognized professional attainment who
129-38	is a clearly outstanding physician and who has been offered by the dean of a medical school in
129-39	this state a full-time academic appointment, shall be eligible for a limited registration while
129-40	serving on the academic staff of the medical school. Upon recommendation of the dean of an
129-41	accredited school of medicine in this state, the board in its discretion, after being satisfied that the
129-42	applicant is a graduate of a foreign medical school and a person of professional rank whose
129-43	knowledge and special training will benefit the medical school in this state, may issue to this
129-44	physician a limited registration to engage in the practice of medicine to the extent that this
129-45	practice is incidental to a necessary part of his or her academic appointment and then only in the
129-46	hospital or hospitals and out-patient clinics connected with the medical school. Except to the
129-47	extent authorized by this section, the registrant shall not engage in the practice of medicine or
129-48	receive compensation for his or her limited registration work, unless he or she is issued a license
129-49	to practice medicine in accordance with the provisions of § 5-37-2. The registration shall be valid
129-50	for a period of not more than one year expiring on the 30th day of June following its initial
129-51	effective date but may be renewed annually; provided, that the registration automatically expires
129-52	when the holder's relationship with the medical school is terminated. The application fee for the
129-53	initial registration authorized under this section ~~shall be four hundred and sixty dollars ($460)~~;
129-54	and the initial application fee for annual renewal shall be ~~one hundred and thirty dollars ($130)~~ as
129-55	set forth in § 23-1-54. ~~thereafter~~ Thereafter the fees shall be as promulgated by regulation of the
129-56	director.
129-57	SECTION 13. Section 5-37.2-10 and 5-37.2-14 of General Laws entitled “The Healing
129-58	Art of Acupuncture” are hereby amended to read as follows:
129-59	5-37.2-10. Application for licenses -- Fees. -- An applicant for examination for a license
129-60	to practice acupuncture or any branch of acupuncture, shall:
129-61	(1) Submit an application to the department on forms provided by the department;
129-62	(2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and
129-63	meets the appropriate education requirements;
129-64	(3) Pay a fee ~~of one hundred and seventy dollars ($170)~~ as set forth in § 23-1-54 and
129-65	(4) Pay any fees required by the department for an investigation of the applicant or for the
129-66	services of a translator, if required, to enable the applicant to take the examination.
129-67	5-37.2-14. Recordation and display of licenses – Annual registration fee – Penalties
129-68	for failure to pay fee. -- (a) Every person holding a license authorizing him or her to practice
130-1	acupuncture or to serve as an acupuncture assistant in this state shall record his or her license with
130-2	the city or town hall in the city or town where his or her office and residence are located. Every
130-3	licensee upon a change of residence or office shall have his or her certificate recorded in the same
130-4	manner in the municipality to which he or she has changed.
130-5	(b) Every license shall be displayed in the office, place of business, or place of
130-6	employment of the license holder.
130-7	(c) Every person holding a license shall pay to the department on or before February 1 of
130-8	each year, the annual registration fee required pursuant to ~~subsection (e) of this section~~
130-9	department rules and regulation. If the holder of a license fails to pay the registration fee his or
130-10	her license shall be suspended. The license may be reinstated by payment of the required fee
130-11	within ninety (90) days after February 1.
130-12	(d) A license which is suspended for more than three (3) months under the provisions of
130-13	subsection (c) of this section may be canceled by the board after thirty (30) days notice to the
130-14	holder of the license.
130-15	SECTION 14. Section 5-39.1-9 of the General Laws in Chapter 5-39.1 entitled “License
130-16	Procedure for Social Workers” is hereby amended to read as follows:
130-17	5-39.1-9. Fees and renewal. --The initial fee for application for licensure ~~is one hundred~~
130-18	~~and seventy dollars ($170). Licenses shall be renewed~~ and the renewal fee every twenty-four (24)
130-19	months after initial licensure ~~upon payment of a fee of one hundred and seventy dollars ($170)~~
130-20	shall be as set forth in § 23-1-54. Renewal shall be approved upon payment of the fee and in
130-21	compliance with any additional requirements that the board promulgates.
130-22	SECTION 15. Sections 5-40-8, 5-40-8.1, and 5-40-10 of the General Laws in Chapter 5-
130-23	40 entitled “Physical Therapists” are hereby amended to read as follows:
130-24	5-40-8. Application fee for physical therapists. -- When an application is submitted to
130-25	the division of professional regulation for a license to practice physical therapy in Rhode Island
130-26	pursuant to this chapter, either by endorsement or by examination, the applicant shall pay a fee of
130-27	~~one hundred and seventy dollars ($170)~~ as set forth in § 23-1-54 to the state department of health.
130-28	5-40-8.1. Application fee for physical therapists assistants. -- When an application is
130-29	submitted to the department for a license to practice physical therapy in Rhode Island pursuant to
130-30	this chapter, either by endorsement or by examination, the applicant shall pay a fee ~~of one~~
130-31	~~hundred and thirty dollars ($130)~~ as set forth in § 23-1-54 to the general treasurer of the state of
130-32	Rhode Island.
130-33	5-40-10. Continuing education requirements and expiration and renewal of licenses.
130-34	-- (a) The certificate of every person licensed under the provisions of this chapter shall expire on
131-1	the first day of May of the next even year following the date of original licensure. On or before
131-2	the first day of March of each year, the department shall mail an application for renewal of
131-3	license to every person to whom a license has been issued or renewed during the current licensure
131-4	period. Every licensed person who desires to renew his or her license shall provide satisfactory
131-5	evidence to the department that in the preceding two (2) years the practitioner has completed the
131-6	twenty-four (24) required continuing education hours as established by the department through
131-7	rules and regulations and shall file with department a renewal application executed together with
131-8	a renewal fee ~~of ninety dollars ($90.00) for physical therapists and seventy dollars ($70.00) for~~
131-9	~~physical therapist assistants~~ as set forth in § 23-1-54 on or before the thirty-first day of March of
131-10	each even year. The department may extend for only one six (6) month period these educational
131-11	requirements if the department is satisfied that the applicant has suffered hardship, which
131-12	prevented meeting the educational requirement.
131-13	(b) Upon receipt of the renewal application, and payment of the renewal fee, the accuracy
131-14	of the application shall be verified and the department shall grant a renewal license effective the
131-15	second day of May, and expiring on the first day of May of the next even year.
131-16	(c) Any person who allows his or her license to lapse by failing to renew it on or before
131-17	the thirty-first day of March of the next even year, as provided in this section, may be reinstated
131-18	by the department on payment of the current renewal fee plus an additional fee ~~of forty dollars~~
131-19	~~($40.00)~~ as set forth in § 23-1-54.
131-20	(d) Any person using the title "physical therapist" or "physical therapist assistant" during
131-21	the time that his or her license has lapsed is subject to the penalties provided for violations in this
131-22	chapter.
131-23	SECTION 16. Sections 5-40.1-12 and 5-40.1-13 of the General Laws in Chapter 5-40.1
131-24	entitled “Occupational Therapy” are hereby amended to read as follows:
131-25	5-40.1-12. Renewal of licenses - Inactive status. -- (a) Upon the recommendation of the
131-26	board, the director shall issue to applicants who have satisfactorily met the licensure requirements
131-27	of this chapter, a license to practice occupational therapy in this state. The license, unless sooner
131-28	suspended or revoked, shall expire on the thirty-first (31st) day of March, of each even year
131-29	(biennially).
131-30	(1) On or before the first (1st) day of March of each even year, the administrator of the
131-31	division shall mail an application for renewal of license to every individual to whom a license has
131-32	been issued or renewed during the current licensure period.
131-33	(2) Every licensed individual who desires to renew his or her license shall file with the
131-34	division a renewal application executed together with the evidence of continuing education
132-1	requirements as delineated in subdivision (3) of this subsection and the renewal fee ~~of ninety~~
132-2	~~dollars ($90.00)~~ as set forth in § 23-1-54 made payable by check to the general treasurer, state of
132-3	Rhode Island, on or before the thirty-first (31st) day of March of each even year.
132-4	(3) On application for renewal of license, occupational therapists and occupational
132-5	therapy assistants must show proof of participation in twenty (20) hours biennially in
132-6	presentations, clinical instruction, publications, research, in-service programs, American
132-7	Occupational Therapy Association-recognized conferences, university course, and/or self-study
132-8	courses.
132-9	(4) Upon receipt of a renewal application and payment of fee, the director shall, upon the
132-10	recommendation of the board, grant a renewal license effective the thirty-first (31st) day of
132-11	March for a period of two (2) years, unless sooner suspended or revoked.
132-12	(5) Any individual who allows his or her license to lapse by failing to renew it on or
132-13	before the thirty-first (31st) day of March of the next even year as provided in subdivisions (1),
132-14	(2) and (3) of this subsection, may be reinstated by the director upon receiving a receipt from the
132-15	division for payment of the current renewal fee plus an additional ~~forty dollars ($40.00)~~ fee as set
132-16	forth in § 23-1-54 made payable by check to the general treasurer, state of Rhode Island.
132-17	(6) An individual using the title "occupational therapist" or "occupational therapy
132-18	assistant" during the time his or her license has lapsed is subject to the penalties provided for
132-19	violation of those regulations and this chapter.
132-20	(b) An individual licensed as an occupational therapist or occupational therapy assistant
132-21	in this state who does not intend to engage in the practice of occupational therapy within this state
132-22	during any year, may upon request to the division, have his or her name transferred to an inactive
132-23	status and shall not be required to register biennially or pay any fee as long as he or she remains
132-24	inactive. Any individual whose name has been transferred to an inactive status pursuant to this
132-25	section, may be restored to active status to practice occupational therapy without a penalty fee,
132-26	upon the filing of an application for licensure renewal, the licensure renewal fee ~~of ninety dollars~~
132-27	~~($90.00)~~ as set forth in § 23-1-54 made payable by check to the general treasurer of the state of
132-28	Rhode Island, and any other information that may be requested by the division.
132-29	5-40.1-13. Fees. -- When an application is submitted to the division of professional
132-30	regulation for a license to practice occupational therapy in Rhode Island, the applicant shall pay a
132-31	non-refundable fee ~~of ninety dollars ($90.00)~~ to the general treasurer. A licensee shall submit a
132-32	biennial renewal fee ~~of ninety dollars ($90.00)~~ with a renewal application on or before the thirty-
132-33	first (31st) day of March of each even year pursuant to the requirements of § 5-40.1-12(a)(2), and
132-34	any person who allows his or her license to lapse by failing to renew it in the prescribed manner
133-1	shall pay an additional fee ~~of forty dollars ($40.00)~~ as referred to in § 5-40.1-12(a)(5). All fees
133-2	required by this section shall be as set forth in § 23-1-54.
133-3	SECTION 17. Sections 5-44-12, 5-44-13, and 5-44-15 of the General Laws in Chapter 5-
133-4	44 entitled “Psychologists” are hereby amended to read as follows:
133-5	5-44-12. Application fee. -- The applicant applying for licensure as a psychologist shall
133-6	pay a fee ~~of two hundred and fifty dollars ($250)~~ as set forth in § 23-1-54 to the department.
133-7	5-44-13. Temporary license. -- (a) Pursuant to §§ 5-44-6 and 5-44-23(e) of this chapter
133-8	and rules and regulations promulgated hereunder, a temporary permit to practice psychology
133-9	under supervision may be granted to a candidate for licensure who has paid the required fee of
133-10	~~ninety dollars ($90.00)~~ as set forth in § 23-1-54 and has satisfied the following requirements:
133-11	(1) Filed an application for licensure with all required supporting materials;
133-12	(2) Has received a doctoral degree in accordance with §5-44-10, and successfully
133-13	completed a national examination approved by the board;
133-14	(3) Shall only practice under the appropriate supervision of a licensed psychologist as
133-15	delineated in the rules and regulations promulgated hereunder;
133-16	(4) Shall refrain from using the title "psychologist" or representing himself or herself as a
133-17	psychologist other than by using the title "psychology student", "psychology trainee" or
133-18	"psychology intern"; and
133-19	(5) The temporary permit shall be valid for a period of two (2) years from the date of
133-20	issuance.
133-21	(b) Temporary permit holders may request from the board a one year extension. Such an
133-22	extension may be granted at the discretion of the board upon review of the applicant's
133-23	circumstances. This extension shall only be granted once.
133-24	5-44-15. Expiration and renewal of licenses – Continuing education – Lapsed
133-25	license. -- (a) The license of every person licensed under the provisions of this chapter shall
133-26	expire on the first day of July of the next even-numbered year following the issuance of his or her
133-27	license.
133-28	(b) On or before the first day of May of each even-numbered year, the department shall
133-29	mail an application for renewal of license to every person to whom a license has been issued or
133-30	renewed during the cycle.
133-31	(c) Every licensed person who desires to renew his or her license shall file with the
133-32	department a renewal application, executed, together with a renewal fee ~~of three hundred and~~
133-33	~~forty dollars ($340)~~ as set forth in § 23-1-54, on or before the first day of June in each even-
133-34	numbered year. Upon receipt of a renewal application and payment of the renewal fee, the
134-1	accuracy of the application shall be verified and the department may grant a renewal license
134-2	effective July 1st and expiring the June 30th in each even-numbered year.
134-3	(d) Every licensed psychologist who desires to continue licensure as a licensed
134-4	psychologist shall present satisfactory evidence to the board and approved by rule or regulation of
134-5	the board that the licensed psychologist has completed a prescribed course of continuing licensed
134-6	psychological education.
134-7	(e) Any person who allows his or her license to lapse, by failing to renew it on or before
134-8	June 1st in each even-numbered year, as provided in this section, may be reinstated by the
134-9	department on payment of the current renewal fee, plus an additional fee ~~of forty dollars ($40.00)~~
134-10	as set forth in § 23-1-54. Any person using the title "psychologist" or offering services defined as
134-11	the practice of psychology under this chapter during the time his or her license has lapsed is
134-12	subject to the penalties provided for violation of this chapter.
134-13	SECTION 18. Section 5-45-10 of the General Laws in Chapter 5-45 entitled “Nursing
134-14	Home Administrators” is hereby amended to read as follows:
134-15	5-45-10. Renewal of licenses - Continuing education. -- (a) Every holder of a nursing
134-16	home administrator's license shall renew it every two (2) years by applying to the department on
134-17	forms provided by that agency.
134-18	(b) Each renewal application shall be accompanied by the fee ~~of two hundred dollars~~
134-19	~~($200)~~ as set forth in § 23-1-54.
134-20	(c) Beginning January 1, 1996, proof of satisfactory completion of a minimum of forty
134-21	(40) clock hours of continuing education every two (2) years must be submitted with the renewal
134-22	application.
134-23	(d) Renewals shall be granted as a matter of course, unless the agency finds the applicant
134-24	has acted or failed to act in a manner or under circumstances that would constitute grounds for
134-25	suspension or revocation of a license.
134-26	SECTION 19. Sections 5-48-1 and 5-48-9 of the General Laws in Chapter 5-48 entitled
134-27	“Speech Pathology and Audiology” are hereby amended to read as follows:
134-28	5-48-1. Purpose and legislative intent – Definitions. -- (a) It is declared to be a policy
134-29	of this state that the practice of speech language pathology and audiology is a privilege granted to
134-30	qualified persons and that, in order to safeguard the public health, safety, and welfare, protect the
134-31	public from being misled by incompetent, unscrupulous, and unauthorized persons, and protect
134-32	the public from unprofessional conduct by qualified speech language pathologists and
134-33	audiologists, it is necessary to provide regulatory authority over persons offering speech language
134-34	pathology and audiology services to the public.
135-1	(b) The following words and terms when used in this chapter have the following meaning
135-2	unless otherwise indicated within the context:
135-3	(1) "Audiologist" means an individual licensed by the board to practice audiology.
135-4	(2) "Audiology" means the application of principles, methods, and procedures related to
135-5	hearing and the disorders of the hearing and balance systems, to related language and speech
135-6	disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is
135-7	defined as altered sensitivity, acuity, function, processing, and/or damage to the integrity of the
135-8	physiological auditory/vestibular systems.
135-9	(3) "Audiology support personnel" means individuals who meets minimum
135-10	qualifications, established by the board, which are less than those established by this chapter as
135-11	necessary for licensing as an audiologist, who do not act independently, and who work under the
135-12	direction and supervision of an audiologist licensed under this chapter who has been actively
135-13	working in the field for twenty-four (24) months after completion of the postgraduate
135-14	professional experience and who accepts the responsibility for the acts and performances of the
135-15	audiology assistant while working under this chapter.
135-16	(4) "Board" means the state board of examiners for speech language pathology and
135-17	audiology.
135-18	(5) "Clinical fellow" means the person who is practicing speech language pathology
135-19	under the supervision of a licensed speech language pathologist while completing the
135-20	postgraduate professional experience as required by this chapter.
135-21	(6) "Department" means the Rhode Island department of health.
135-22	(7) "Director" means the director of the Rhode Island department of health.
135-23	(8) "Person" means an individual, partnership, organization, or corporation, except that
135-24	only individuals can be licensed under this chapter.
135-25	(9) "Practice of audiology" means rendering or offering to render any service in
135-26	audiology, including prevention, screening, and identification, evaluation, habilitation,
135-27	rehabilitation; participating in environmental and occupational hearing conservation programs,
135-28	and habilitation and rehabilitation programs including hearing aid and assistive listening device
135-29	evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training
135-30	and speech reading; conducting and interpreting tests of vestibular function and nystagmus;
135-31	conducting and interpreting electrophysiological measures of the auditory pathway; cerumen
135-32	management; evaluating sound environment and equipment; calibrating instruments used in
135-33	testing and supplementing auditory function; and planning, directing, conducting or supervising
135-34	programs that render or offer to render any service in audiology.
136-1	(ii) The practice of audiology may include speech and/or language screening to a pass or
136-2	fail determination, for the purpose of initial identification of individuals with other disorders of
136-3	communication.
136-4	(iii) A practice is deemed to be the "practice of audiology" if services are offered under
136-5	any title incorporating such word as "audiology", "audiologist", "audiometry", "audiometrist",
136-6	"audiological", "audiometrics", "hearing therapy", "hearing therapist", "hearing clinic", "hearing
136-7	clinician", "hearing conservation", "hearing conservationist", "hearing center", "hearing aid
136-8	audiologist", or any similar title or description of services.
136-9	(10) "Practice of speech language pathology" means rendering or offering to render any
136-10	service in speech language pathology including prevention, identification, evaluation,
136-11	consultation, habilitation, rehabilitation; determining the need for augmentative communication
136-12	systems, dispensing and selling these systems, and providing training in the use of these systems;
136-13	and planning, directing, conducting, or supervising programs that render or offer to render any
136-14	service in speech language pathology.
136-15	(ii) The practice of speech language pathology may include nondiagnostic pure tone air
136-16	conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or
136-17	fail determination, for the purpose of performing a speech and language evaluation or for the
136-18	initial identification of individuals with other disorders of communication.
136-19	(iii) The practice of speech language pathology also may include aural rehabilitation,
136-20	which is defined as services and procedures for facilitating adequate receptive and expressive
136-21	communication in individuals with hearing impairment.
136-22	(iv) A practice is deemed to be the "practice of speech language pathology" if services are
136-23	offered under any title incorporating such words as "speech pathology", "speech pathologist",
136-24	"speech therapy", "speech therapist", "speech correction", "speech correctionist", "speech clinic",
136-25	"speech clinician", "language pathology", "language pathologist", "voice therapy", "voice
136-26	therapist", "voice pathology", "voice pathologist", "logopedics", "logopedist", "communicology",
136-27	"communicologist", "aphasiology", "aphasiologist", "phoniatrist", or any similar title or
136-28	description of services.
136-29	(11) "Regionally accredited" means the official guarantee that a college or university or
136-30	other educational institution is in conformity with the standards of education prescribed by a
136-31	regional accrediting commission recognized by the United States Secretary of Education.
136-32	(12) "Speech language pathologist" means an individual who is licensed by the board to
136-33	practice speech language pathology.
137-34	(13) "Speech language pathology" means the application of principles, methods, and
137-35	procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation,
137-36	instruction, and research related to the development and disorders of human communication.
137-37	Disorders are defined to include any and all conditions, whether of organic or non-organic origin,
137-38	that impede the normal process of human communication in individuals or groups of individuals
137-39	who have or are suspected of having these conditions, including, but not limited to, disorders and
137-40	related disorders of:
137-41	(i) Speech: articulation, fluency, voice, (including respiration, phonation and resonance);
137-42	(ii) Language (involving the parameters of phonology, morphology, syntax, semantics
137-43	and pragmatics; and including disorders of receptive and expressive communication in oral,
137-44	written, graphic, and manual modalities);
137-45	(iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g.,
137-46	dysphasia, including disorders of swallowing and oral function for feeding; oro-facial
137-47	myofunctional disorders);
137-48	(iv) Cognitive aspects of communication (including communication disability and other
137-49	functional disabilities associated with cognitive impairment); and
137-50	(v) Social aspects of communication (including challenging behavior, ineffective social
137-51	skills, lack of communication opportunities).
137-52	(14) "Speech language support personnel" means individuals who meet minimum
137-53	qualifications established by the board, which are less than those established by this chapter as
137-54	necessary for licensing as a speech language pathologist, who do not act independently, and who
137-55	work under the direction and supervision of a speech language pathologist licensed under this
137-56	chapter who has been actively working in the field for twenty-four (24) months after completion
137-57	of the postgraduate professional experience and who accepts the responsibility for the acts and
137-58	performances of the speech language pathology assistant while working under this chapter.
137-59	Speech language support personnel shall be registered with the board within thirty (30) days of
137-60	beginning work, or the supervising speech language pathologist will be assessed a late filing fee
137-61	~~of seventy dollars ($70.00)~~ as set forth in § 23-1-54.
137-62	5-48-9. Fees -- Late filing -- Inactive status. -- Filing fees for support personnel
137-63	registration. - (a) The board may charge an application fee ~~of fifty dollars ($50.00)~~; a biennial
137-64	license renewal fee ~~of ninety dollars ($90.00)~~ payable before July 1 of even years (biennially); or
137-65	a provisional license renewal fee ~~of fifty dollars ($50.00)~~ as set forth in § 23-1-54 payable
137-66	annually from the date of issue.
137-67	(b) Any person who allows his or her license to lapse by failing to renew it on or before
137-68	the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on
138-1	payment of the current renewal fee plus an additional late filing fee ~~of forty dollars ($40.00)~~ as set
138-2	forth in § 23-1-54.
138-3	(c) An individual licensed as a speech language pathologist and/or audiologist in this
138-4	state, not in the active practice of speech-language pathology or audiology within this state during
138-5	any year, may upon request to the board, have his or her name transferred to an inactive status
138-6	and shall not be required to register biennially or pay any fee as long as he or she remains
138-7	inactive. Inactive status may be maintained for no longer than two (2) consecutive licensing
138-8	periods, after which period licensure shall be terminated and reapplication to the board shall be
138-9	required to resume practice.
138-10	(d) Any individual whose name has been transferred to an inactive status may be restored
138-11	to active status within two (2) licensing periods without a penalty fee, upon the filing of:
138-12	(1) An application for licensure renewal, with a licensure renewal fee ~~of ninety dollars~~
138-13	~~($90.00)~~ as set forth in § 23-1-54 made payable by check to the general treasurer of the state of
138-14	Rhode Island; and
138-15	(2) Any other information that the board may request.
138-16	(e) Audiology and speech language pathology support personnel shall be registered with
138-17	the board within thirty (30) days of beginning work, or the supervising audiologist or speech
138-18	language pathologist shall be assessed a late filing fee ~~of fifty dollars ($50.00)~~ as set forth in § 23-
138-19	1-54 .
138-20	SECTION 20. Sections 5-49-6, 5-49-8, and 5-49-11 of the General Laws in Chapter 5-49
138-21	entitled “Hearing Aid Dealers and Fitters” are hereby amended to read as follows:
138-22	5-49-6. Issuance of licenses and certificates of endorsement. -- (a) The department
138-23	shall register each applicant without discrimination who passes an examination as provided in §
138-24	5-49-7. Upon the applicant's payment ~~of twenty-five dollars ($25.00)~~ as set forth in § 23-1-54 per
138-25	annum for each year of the term of license, the department shall issue to the applicant a license
138-26	signed by the department. The total fee for the entire term of licensure shall be paid prior to the
138-27	issuance of the license.
138-28	(b) Whenever the board determines that another state or jurisdiction has requirements
138-29	equivalent to or higher than those in effect pursuant to this chapter, and that this state or
138-30	jurisdiction has a program equivalent to or stricter than the program for determining whether
138-31	applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department
138-32	may issue certificates of endorsement to applicants who hold current, unsuspended, and
138-33	unrevoked certificates or licenses to fit and sell hearing aids in that other state or jurisdiction.
139-34	(c) No applicant for certificate of endorsement shall be required to submit to or undergo a
139-35	qualifying examination, etc., other than the payment of fees, ~~pursuant to § 5-49-11~~ as set forth in
139-36	§ 23-1-54.
139-37	(d) The holder of a certificate of endorsement shall be registered in the same manner as a
139-38	licensee. The fee for an initial certificate of endorsement shall be the same as the fee for an initial
139-39	license. Fees, grounds for renewal, and procedures for the suspension and revocation of
139-40	certificates of endorsement shall be the same as for renewal, suspension, and revocation of a
139-41	license.
139-42	5-49-8. Temporary permits. -- (a) An applicant who fulfills the requirements regarding
139-43	age, character, education, and health as provided in § 5-49-7, may obtain a temporary permit
139-44	upon application to the department. Previous experience or a waiting period shall not be required
139-45	to obtain a temporary permit.
139-46	(b) Upon receiving an application as provided under this section, and accompanied by a
139-47	fee ~~of twenty-five dollars ($25.00)~~ as set forth in § 23-1-54, the department shall issue a
139-48	temporary permit which entitles the applicant to engage in the fitting and sale of hearing aids for
139-49	a period of one year.
139-50	(c) A person holding a valid hearing aid dealer's and fitter's license is responsible for the
139-51	supervision and training of that applicant and maintain adequate personal contact.
139-52	(d) If a person who holds a temporary permit under this section has not successfully
139-53	passed the licensing examination within one year from the date of issuance of the permit, the
139-54	temporary permit may be renewed or reissued once upon payment of a ~~twenty-five dollar~~
139-55	~~($25.00)~~ fee as set forth in § 23-1-54.
139-56	5-49-11. Duration of license – Renewal of license – Fees – Effect of failure to renew. -
139-57	- (a) The department shall promulgate rules and regulations mandating the term of license for
139-58	each category of license issued pursuant to this chapter. No license shall remain in force for a
139-59	period in excess of two (2) years.
139-60	(1) Each person who engages in the fitting and sale of hearing aids shall pay to the
139-61	department a fee, ~~assessed at thirty-one dollars and twenty-five cents ($31.25)~~ as set forth in § 23-
139-62	1-54 per annum for each year of the term of license, for a renewal of his or her license.
139-63	(2) The renewal certificate shall be conspicuously posted in his or her office or place of
139-64	business at all times.
139-65	(3) Where more than one office is operated by the licensee, duplicate certificates shall be
139-66	issued by the department for posting in each location.
139-67	(b) A thirty (30) day grace period shall be allowed during which time licenses may be
139-68	renewed on payment of a fee to the department ~~of twenty-five dollars ($25.00)~~ as set forth in §
140-1	23-1-54 per annum for each year of the term of renewal.
140-2	(c) After expiration of the grace period, the department may renew those certificates upon
140-3	payment to the department of ~~twenty-five dollars ($25.00)~~ a fee as set forth in § 23-1-54 per
140-4	annum for each year of the term of renewal.
140-5	(d) The total fee for the entire term of license or renewal shall be paid prior to the
140-6	issuance of the license.
140-7	(e) No person who applies for renewal, whose license has expired, shall be required to
140-8	submit to any examination as a condition to renewal; provided, that the renewal application is
140-9	made within two (2) years from the date of that expiration.
140-10	SECTION 21. Sections 5-54-9 and 5-54-11 of the General Laws in Chapter 5-54 entitled
140-11	“Physician Assistants” are hereby amended to read as follows:
140-12	5-54-9. Criteria for licensure as a physician assistant. -- The board shall recommend to
140-13	the director for licensure as a physician assistant an applicant who:
140-14	(1) Is of good character and reputation;
140-15	(2) Graduated from a physician assistant training program certified by the AMA's
140-16	Committee on Allied Health, Education, and Accreditation, its successor, the Commission on
140-17	Accreditation of Allied Health Education Programs (CAAHEP) or its successor.
140-18	(3) Passed a certifying examination approved by the National Commission on
140-19	Certification of Physician Assistants or any other national certifying exam approved by the board.
140-20	(4) Submitted a completed application together with the required fee ~~of ninety dollars~~
140-21	~~($90.00)~~ as set forth in § 23-1-54.
140-22	5-54-11. Issuance and annual renewal of certificates of licensure. -- (a) The board
140-23	shall recommend to the director for registration those individuals who meet the criteria for
140-24	licensure as stated in this chapter. Upon that recommendation, the director shall issue a certificate
140-25	of licensure as a physician assistant.
140-26	(b) The certificate of licensure shall expire biannually on the thirtieth (30th) day of June.
140-27	On or before the first day of March in each year, the administrator shall mail an application for a
140-28	renewal certificate to every person licensed under the provisions of this chapter, and every person
140-29	who desires his or her certificate to be renewed shall file with the division the renewal application
140-30	together with a renewal fee ~~of one hundred and seventy dollars ($170)~~ as set forth in § 23-1-54 on
140-31	or before the first day of June in every other year. Upon receipt of the renewal application and
140-32	payment of fee, the accuracy of the application shall be verified and the administrator shall grant
140-33	a renewal certificate effective July 1st and expiring June 30th two years hence, unless the
140-34	certificate is sooner suspended for cause as provided in § 5-54-12.
141-1	SECTION 22. Sections 5-59.1-5 and 5-59.1-12 of the General Laws in Chapter 5-59.1
141-2	entitled “Rhode Island Orthotics and Prosthetics Practice” are hereby amended to read as follows:
141-3	5-59.1-5. Application for orthotic or prosthetic license. -- Any person who desires to
141-4	be licensed as set forth in § 5-59.1-4 shall in writing submit an application on forms provided by
141-5	the department for a license accompanied by a fee ~~of three hundred and thirty dollars ($330)~~ as
141-6	set forth in § 23-1-54 with all other credentials that the department requires and as required by
141-7	this chapter. All the proceeds of any fees collected pursuant to the provisions of this chapter shall
141-8	be deposited as general revenues.
141-9	5-59.1-12. Relicensing - Renewal. -- Every holder of a license issued under this chapter
141-10	shall biannually attest to the department as to current certification issued by the American Board
141-11	of Certification in Orthotics and Prosthetics or the Board for Orthotists/Prosthetist Certification.
141-12	All licenses issued under this chapter shall expire biannually on the last day of September of
141-13	every odd numbered year. A biennial renewal fee ~~of one hundred and seventy dollars ($170)~~ as
141-14	set forth in § 23-1-54 shall be required. Every orthotist and prosthetist shall conform to the
141-15	standards of the American Board for Certification in Orthotics and Prosthetics or Board for
141-16	Orthotists/Prosthetists Certification.
141-17	SECTION 23. Section 5-60-11 of the General Laws in Chapter 5-60 entitled “Athletic
141-18	Trainers” is hereby amended to read as follows:
141-19	5-60-11. Fees. -- ~~The fees for applicants~~ Applicants for athletic trainer licenses ~~are:~~
141-20	~~(1) An athletic trainer~~ shall pay a license fee, ~~of sixty-two dollars and fifty cents ($62.50);~~
141-21	~~and~~
141-22	~~(2) An athletic trainer~~ and, if applicable, a biennial license renewal fee ~~of sixty-two~~
141-23	~~dollars and fifty cents ($62.50)~~ as set forth in § 23-1-54. Any person allowing their license to
141-24	lapse shall pay a ~~twenty-five dollar ($25.00)~~ late fee as set forth in § 23-1-54.
141-25	SECTION 24. Sections 5-63.2-16 and 5-63.2-17 of the General Laws in Chapter 5-63.2
141-26	entitled “Mental Health Counselors and Marriage and Family Therapists” are hereby amended to
141-27	read as follows:
141-28	5-63.2-16. Application fee. -- The applicant applying for licensure as a clinical mental
141-29	health counselor or marriage and family therapist shall pay an a non refundable application fee of
141-30	~~four hundred and sixty dollars ($460)~~ and ~~the fee shall be in no case returned. Applicants~~
141-31	~~requiring reexamination shall submit a fee of four hundred and sixty dollars ($460)~~ and, when
141-32	applicable, a reexamination fee for each reexamination. Both fees required by this section are set
141-33	forth in § 23-1-54.
142-34	5-63.2-17. Expiration and renewal of license. -- (a) Every clinical mental health
142-35	counselor and marriage and family therapist who desires to continue licensure as a licensed
142-36	clinical mental health counselor and licensed marriage and family therapist shall present
142-37	satisfactory evidence to the board and approved by rule or regulation of the board that the
142-38	licensed clinical mental health counselor and licensed marriage and family therapist has
142-39	completed a prescribed course of continuing education. The license of every person licensed
142-40	under the provisions of this chapter shall expire on the first day of July of the next even year
142-41	following the date of his or her license; provided, that no license shall expire prior to July 1,
142-42	1998. On or before the first day of May in each even year, commencing in the year 1998, the
142-43	administrator shall mail an application for renewal of license to every person to whom a license is
142-44	issued or renewed during the current year, and every licensed person who desires to renew his or
142-45	her license files with the division the renewal application executed. This application shall include
142-46	verification of prescribed continuing education requirements, together with ~~three hundred and~~
142-47	~~thirty dollars ($330)~~ a renewal fee as set forth in § 23-1-54 on or before the first day of June in
142-48	each even year. Upon receipt of the application and payment of the fee, the accuracy of the
142-49	application shall be verified and the administrator of professional regulation shall grant a renewal
142-50	license effective July 1st and expiring twenty-four (24) months later.
142-51	(b) Any person who allows his or her license to lapse, by failing to renew it on or before
142-52	June 1st in each year, as provided in this section, shall be reinstated by the administrator of
142-53	professional regulation on payment of the current renewal fee plus an additional fee ~~of seventy~~
142-54	~~dollars ($70.00)~~ as set forth in § 23-1-54; and verification of prescribed continuing education
142-55	requirements. Any person using the title "clinical mental health counselor" and/or "marriage and
142-56	family therapist" during the time his or her license has lapsed shall be subject to the penalties
142-57	provided for violation of this chapter; provided, that if a person has allowed his or her licensure to
142-58	lapse for four (4) years or more, he or she shall be reinstated at the discretion of the board.
142-59	SECTION 25. Sections 5-64-6 and 5-64-8 of the General Laws in Chapter 5-64 entitled
142-60	“The Licensed Dietician” are hereby amended to read as follows:
142-61	5-64-6. Applicant qualifications - Permit applications - Fees - Exemptions. -- (a)
142-62	When filing an application for a license the applicant must present evidence of:
142-63	(1) Completion of a baccalaureate or post-baccalaureate degree with a program in
142-64	nutrition or dietetics; and
142-65	(2) Completion of a board approved, planned, continuous experience in dietetic practice
142-66	of not less than nine hundred (900) hours under the supervision of a registered dietitian or
142-67	dietitian/nutritionist licensed in the state; and
143-68	(3) Passing an examination.
143-69	(b) Each application shall be accompanied by a fee ~~of ninety dollars ($90.00)~~ as set forth
143-70	in § 23-1-54.
143-71	5-64-8. Fees. -- Licenses shall be valid for two (2) years and must be renewed biennially;
143-72	the renewal fee is ~~one hundred and seventy dollars ($170)~~ as set forth in § 23-1-54. Application
143-73	for renewal of a certificate, which has expired, requires the payment of a re-registration fee ~~of one~~
143-74	~~hundred and seventy dollars ($170)~~ as set forth in § 23-1-54.
143-75	SECTION 26. Section 5-68.1-10 of the General Laws in Chapter 5-68.1 entitled
143-76	“Radiologic Technologists” is hereby amended to read as follows:
143-77	5-68.1-10. Fees. -- (a) The director, in consultation with the board, shall establish an
143-78	initial application fee ~~that shall not exceed one hundred seventy dollars ($170)~~ as set forth in §
143-79	23-1-54 and a license renewal fee that shall be prescribed in rules and regulations promulgated
143-80	pursuant to § 5-68.1-15.
143-81	(b) The proceeds of any fees collected pursuant to the provisions of this chapter shall be
143-82	deposited in the general fund as general revenues.
143-83	SECTION 27. Sections 5-69-9 and 5-69-14 of the General Laws in Chapter 5-69 entitled
143-84	“License Procedure for Chemical Dependency Professionals” are hereby amended to read as
143-85	follows:
143-86	5-69-9. Fees and renewal. -- The non-refundable application fee for licensure shall be
143-87	~~fifty dollars ($50.00)~~ as set forth in § 23-1-54. Licenses shall be renewed every two (2) years on
143-88	October first of even numbered years upon payment of a fee ~~of fifty ($50.00) dollars~~ as set forth
143-89	in § 23-1-54, compliance with ICRC/AODA member board requirements, and compliance with
143-90	any additional requirements that the licensing board may promulgate. The requirements may
143-91	include the establishment of standards for continuing education.
143-92	5-69-14. ~~Restricted receipt account~~ Fees collected. -- Any fees collected under the
143-93	provisions of this chapter shall be deposited ~~in a restricted receipt account for the general~~
143-94	~~purposes of the administration of the division of substance abuse services, department of mental~~
143-95	~~health, retardation, and hospitals~~ by the department as general revenues.
143-96	SECTION 28. Section 5-71-8 of the General Laws in Chapter 5-71 entitled “Interpreters
143-97	for the Deaf” is hereby amended to read as follows:
143-98	5-71-8. Qualifications of applicants for licenses. -- (a) To be eligible for licensure by
143-99	the board as an interpreter for the deaf or transliterator for the deaf, or educational interpreter for
143-100	the deaf, the applicant must submit written evidence on forms furnished by the department,
143-101	verified by oath, that the applicant meets all of the following requirements:
144-102	(1) Is of good moral character;
144-103	(2) Meets the certification or screened requirements as defined in regulations
144-104	promulgated by the department; and
144-105	(3) Pays the department a license fee~~, that does not exceed fifty dollars ($50.00)~~ as set
144-106	forth in § 23-1-54.
144-107	(b) To be eligible for licensure by the board as an educational interpreter for the deaf, the
144-108	applicant must meet all of the requirements as described in subsection (a) and must further
144-109	present proof of successful completion of the educational interpreter performance assessment
144-110	(EIPA), written and performance tests, or a similar test as approved by the board, at a
144-111	performance level established by the board.
144-112	SECTION 29. Section 21-2-7 of the General Laws in Chapter 21-2 entitled "Milk
144-113	Sanitation Code" is hereby amended to read as follows:
144-114	21-2-7. Permits. -- (a) It shall be unlawful for any milk producer whose dairy farm is
144-115	located wholly or partly in this state to sell or to offer to sell milk or milk products or to have
144-116	milk stored for sale who does not possess at all times a Rhode Island producer's permit from the
144-117	director.
144-118	(b) It shall be unlawful for any milk hauler to transport any milk or milk products to any
144-119	milk plant in the state of Rhode Island or to transport any milk in this state destined for sale in
144-120	this state unless he or she shall at all times possess a Rhode Island milk hauler's permit from the
144-121	director.
144-122	(c) It shall be unlawful for any person to operate a milk plant in the state of Rhode Island
144-123	who does not possess a Rhode Island milk plant permit from the director with respect to each
144-124	plant located in Rhode Island.
144-125	(d) It shall be unlawful for any milk distributor to sell or offer to sell milk or milk
144-126	products, including raw milk cheese, within the state of Rhode Island unless he or she shall at all
144-127	times possess a milk distributor's permit from the director.
144-128	(e) It shall be unlawful for any milk hauler to transport any milk or milk products from
144-129	any point outside the state into the state of Rhode Island for sale or processing in this state or for
144-130	any milk plant located in Rhode Island to process any milk or milk products which come from
144-131	any point outside the state of Rhode Island or for any milk distributor to sell any milk or milk
144-132	products within this state which come from any point outside this state, unless:
144-133	(1) Every producer who produces any part of the milk or milk products shall have been
144-134	inspected and shall from time to time be inspected with the same minimum frequency, to the
144-135	same degree, and according to the same requirements as provided in this chapter or any
144-136	regulations promulgated under this chapter in the case of Rhode Island producers;
145-1	(2) Every vehicle in which the milk is transported to the plant where processed shall from
145-2	time to time be inspected with the same minimum frequency, to the same degree, and according
145-3	to the same requirements as provided in this chapter or any regulations promulgated pursuant to
145-4	this chapter in the case of Rhode Island milk hauler permittees; and
145-5	(3) The operator of each milk plant located outside the state of Rhode Island where any
145-6	part of the milk is processed at all times possesses an out-of-state milk plant permit from the
145-7	director.
145-8	(f) It shall be unlawful for any person located in the state of Rhode Island to sell or offer
145-9	for sale to any milk hauler or milk plant, or for any milk plant to pasteurize any raw milk for
145-10	pasteurization, any part of which shall be used for grade A pasteurized milk or for any grade A
145-11	milk product, unless the person at all times is in possession of a Rhode Island grade A producer's
145-12	permit.
145-13	(g) The fees for the following permits referred to in this section shall be ~~as follows~~ as set
145-14	forth in § 23-1-54:
145-15	(1) In-state milk processors~~: one hundred sixty dollars ($160)~~;
145-16	(2) Out-of-state milk processors~~: one hundred sixty dollars ($160)~~; and
145-17	(3) Milk distributors~~: one hundred sixty dollars ($160);~~ .
145-18	~~(4)~~(h) Milk producers and milk haulers shall be exempt from permit fees.
145-19	SECTION 30. Section 21-9-3 of the General Laws in Chapter 21-9 entitled "Frozen
145-20	Desserts" is hereby amended to read as follows:
145-21	21-9-3. License fee. -- The annual ~~license fee~~ fees for the following licenses shall be as
145-22	~~follows~~ as set forth in § 23-1-54:
145-23	(1) Instate wholesale frozen dessert processors~~: five hundred and fifty dollars ($550).~~ ;
145-24	(2) Out of state wholesale frozen dessert processors~~: one hundred sixty dollars ($160).~~;
145-25	and
145-26	(3) Retail frozen dessert processors~~: one hundred sixty dollars ($160)~~.
145-27	SECTION 31. Section 21-11-4 of the General Laws in Chapter 21-11 entitled "Meats" is
145-28	hereby amended to read as follows:
145-29	21-11-4. Issuance and term of licenses - Suspension or revocation. -- The director of
145-30	health shall, upon receipt of application for a license to operate an establishment for any or all of
145-31	the purposes mentioned in § 21-11-3, cause that establishment to be inspected and, if it is found
145-32	to conform to the provisions of this chapter and the regulations adopted in accordance with this
145-33	chapter, shall issue a license upon receipt of a fee ~~of one hundred sixty dollars ($160)~~ as set forth
145-34	in § 23-1-54; provided, that the license fee shall be ~~forty dollars ($40.00)~~ at a reduced rate, as also
146-1	set forth in § 23-1-54, for any one establishment where: (1) the meat is sold only at retail, (2) no
146-2	slaughtering is performed, and (3) no more than one of the activities described in § 21-11-3 for
146-3	which a license is required is performed. In order to set the license renewal dates so that all
146-4	activities for each establishment can be combined on one license instead of on several licenses,
146-5	the department of health shall set the license renewal date. The license period shall be for twelve
146-6	(12) months, commencing on the license renewal date, and the license fee shall be at the full
146-7	annual rate regardless of the date of application or the date of issuance of license. If the license
146-8	renewal date is changed, the department may make an adjustment to the fees of licensed
146-9	establishments, not to exceed the annual license fee, in order to implement the change in license
146-10	renewal date. Applications for renewal of licenses, accompanied by the prescribed fee, shall be
146-11	submitted at least two (2) weeks before the renewal date. Licenses issued or renewed under this
146-12	section may be suspended or revoked for failure to comply with the provisions of this chapter or
146-13	the regulations adopted in accordance with this chapter.
146-14	SECTION 32. Section 21-14-2 of the General Laws in Chapter 21-14 entitled "Shellfish
146-15	Packing Houses" is hereby amended to read as follows:
146-16	21-14-2. License for shellfish business. -- No person shall conduct within this state any
146-17	shellfish business until that person shall have obtained a license from the department. The
146-18	director shall, upon receipt of application for a license to conduct a shellfish business, cause the
146-19	applicant's shellfish business facilities to be investigated and, if they are found to comply with the
146-20	provisions of this chapter and the regulations adopted in accordance with this chapter, shall issue
146-21	a license upon receipt of a fee ~~of three hundred twenty dollars ($320)~~ for a shipper/reshipper or a
146-22	~~fee of three hundred ninety dollars ($390)~~ for a shucker packer/repacker as set forth in § 23-1-54.
146-23	Any license issued shall apply only to those phases of the shellfish business that appear on the
146-24	license and are defined by the director in regulations he or she shall adopt in regard to licensing.
146-25	In order to set the license renewal dates so that all activities for each establishment can be
146-26	combined on one license instead of on several licenses, the department of health shall set the
146-27	license renewal date. The license period shall be for twelve (12) months, unless sooner suspended
146-28	or revoked for cause, commencing on the license renewal date, and the license fee shall be at the
146-29	full annual rate regardless of the date of application or the date of issuance of license. If the
146-30	license renewal date is changed, the department may make an adjustment to the fees of licensed
146-31	establishments, not to exceed the annual license fee, in order to implement the change in license
146-32	renewal date. Licenses issued pursuant to this section may be suspended or revoked for violation
146-33	of the provisions of this chapter or the regulations adopted in accordance with this chapter. The
146-34	director may, after a hearing, refuse to issue any shellfish business license to any person who has
147-1	been convicted of any violation of this chapter.
147-2	SECTION 33. Section 21-23-2 of the General Laws in Chapter 21-23 entitled
147-3	"Nonalcoholic Bottled Beverages, Drinks and Juices" is hereby amended to read as follows:
147-4	21-23-2. Issuance and renewal of permits - Fee - Posting - Exempt cider. -- Blank
147-5	forms of the application for permits shall be furnished by the department without cost. The fee for
147-6	the permit shall be ~~five hundred and fifty dollars ($550) provided, that the~~ as set forth in § 23-1-
147-7	54. The fee for a permit to manufacture or bottle apple cider shall also be ~~sixty dollars ($60.00)~~ as
147-8	set forth in § 23-1-54. In order to set the license renewal dates so that all activities for each
147-9	establishment can be combined on one license instead of on several licenses, the department of
147-10	health shall set the license renewal date. The license period shall be for twelve (12) months,
147-11	commencing on the license renewal date, and the license fee shall be at the full annual rate
147-12	regardless of the date of application or the date of issuance of license. If the license renewal date
147-13	is changed, the department may make an adjustment to the fees of licensed establishments, not to
147-14	exceed the annual license fee, in order to implement the change in license renewal date. Any
147-15	person applying for a permit to bottle or manufacture apple cider shall certify that he or she does
147-16	not manufacture or bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup,
147-17	bottled drinking water, either plain or carbonated, or any other so-called soft drink, other than
147-18	apple cider. The fee received by the department for "bottlers' permits" shall be turned over to the
147-19	general treasurer. All permits granted under this chapter shall be posted in a conspicuous place on
147-20	the premises of the bottler so that they may readily be seen by any person inspecting the
147-21	premises; provided that the fees so far as they relate to cider, shall not apply to any person who
147-22	manufactures and bottles during any one calendar year not exceeding five hundred (500) gallons
147-23	of cider.
147-24	SECTION 34. Sections 21-27-6.1, 21-27-10 and 21-27-11.2 of the General Laws in
147-25	Chapter 21-27 entitled "Sanitation in Food Establishments" are hereby amended to read as
147-26	follows:
147-27	21-27-6.1. Farm home food manufacture. --Notwithstanding the other provisions of
147-28	this chapter, the department of health shall permit farm home food manufacture and the sale of
147-29	the products of farm home food manufacture at farmers' markets, farmstands, and other markets
147-30	and stores operated by farmers for the purpose of the retail sale of the products of Rhode Island
147-31	farms, provided that the requirements of this section are met.
147-32	(1) The farm home food products shall be produced in a kitchen that is on the premises of
147-33	a farm and meets the standards for kitchens as provided for in minimum housing standards,
147-34	adopted pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code,
148-1	adopted pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:
148-2	(i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that
148-3	reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one
148-4	compartment sink;
148-5	(ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the
148-6	proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not
148-7	to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;
148-8	(iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,
148-9	corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted
148-10	surface;
148-11	(iv) Have self-closing doors for bathrooms that open directly into the kitchen;
148-12	(v) If farm is on private water supply it must be tested once per year.
148-13	(2) The farm home food products are prepared and produced ready for sale under the
148-14	following conditions:
148-15	(i) Pets are kept out of food preparation and food storage areas at all times;
148-16	(ii) Cooking facilities shall not be used for domestic food purposes while farm home food
148-17	products are being prepared;
148-18	(iii) Garbage is placed and stored in impervious covered receptacles before it is removed
148-19	from the kitchen, which removal shall be at least once each day that the kitchen is used for farm
148-20	home food manufacture;
148-21	(iv) Any laundry facilities which may be in the kitchen shall not be used during farm
148-22	home food manufacture;
148-23	(v) Recipe(s) for each farm home food product with all the ingredients and quantities
148-24	listed, and processing times and procedures, are maintained in the kitchen for review and
148-25	inspection;
148-26	(vi) List ingredients on product;
148-27	(vii) Label with farm name, address and telephone number.
148-28	(3) Farm home food manufacture shall be limited to the production of nonpotentially
148-29	hazardous food and foods that do not require refrigeration, including:
148-30	(i) Jams, jellies, preserves and acid foods, such as vinegars, that are prepared using fruits,
148-31	vegetables and/or herbs that have been grown locally;
148-32	(ii) Double crust pies that are made with fruit grown locally;
148-33	(iii) Yeast breads;
149-34	(iv) Maple syrup from the sap of trees on the farm or of trees within a twenty (20) mile
149-35	radius of the farm;
149-36	(v) Candies and fudges;
149-37	(vi) Dried herbs and spices.
149-38	(4) Each farm home kitchen shall be registered with the department of health and shall
149-39	require a notarized affidavit of compliance, in any form that the department may require, from the
149-40	owner of the farm that the requirements of this section have been met and the operation of the
149-41	kitchen shall be in conformity with the requirements of this section. A certificate of registration
149-42	shall be issued by the department upon the payment of a ~~sixty-five dollar ($65.00)~~ fee as set forth
149-43	in § 23-1-54 and the submission of an affidavit of compliance. The certificate of registration shall
149-44	be valid for one year after the date of issuance; provided, however, that the certificate may be
149-45	revoked by the director at any time for noncompliance with the requirements of the section. The
149-46	certificate of registration, with a copy of the affidavit of compliance, shall be kept in the kitchen
149-47	where the farm home food manufacture takes place. The director of health shall have the
149-48	authority to develop and issue a standard form for the affidavit of compliance to be used by
149-49	persons applying for a certificate of registration; the form shall impose no requirements or
149-50	certifications beyond those set forth in this section and § 21-27-1(6). No certificates of
149-51	registration shall be issued by the department prior to September 1, 2002.
149-52	(5) Income from farm home food manufacture shall not be included in the calculation of
149-53	farm income for the purposes of obtaining an exemption from the sales and use tax pursuant to §
149-54	44-18-30(32), nor shall any equipment, utensils, or supplies acquired for the purpose of creating
149-55	or operating farm home food manufacture be exempt from the sales and use tax as provided for in
149-56	§44-18-30(32).
149-57	21-27-10. Registration of food businesses. -- (a) No person shall operate a food business
149-58	as defined in § 21-27-1(8) unless he or she annually registers the business with the state director
149-59	of health; provided, that food businesses conducted by nonprofit organizations, hospitals, public
149-60	institutions, farmers markets, roadside farmstands, or any municipality shall be exempt from
149-61	payment of any required fee.
149-62	(b) In order to set the registration renewal dates so that all activities for each
149-63	establishment can be combined on one registration instead of on several registrations, the
149-64	registration renewal date shall be set by the department of health. The registration period shall be
149-65	for twelve (12) months commencing on the registration renewal date, and the registration fee
149-66	shall be at the full annual rate regardless of the date of application or the date of issuance of
149-67	registration. If the registration renewal date is changed, the department may make an adjustment
149-68	to the fees of registered establishments, not to exceed the annual registration fee, in order to
150-1	implement the changes in registration renewal date. Registrations issued under this chapter may
150-2	be suspended or revoked for cause. Any registration or license shall be posted in a place
150-3	accessible and prominently visible to an agent of the director.
150-4	(c) Registration with the director of health shall be based upon satisfactory compliance
150-5	with all laws and regulations of the director applicable to the food business for which registration
150-6	is required.
150-7	(d) The director of health is authorized to adopt regulations necessary for the
150-8	implementation of this chapter.
150-9	(e) Classification ~~and fees~~ for registration shall be as follows:
150-10	(1) In state and out of state ~~Food~~ food processors that sell food in Rhode Island
150-11	(Wholesale) ~~$280.00~~
150-12	(2) Food processors (Retail) ~~120.00~~
150-13	(3) Food service establishments:
150-14	(i) 50 seats or less ~~160.00~~
150-15	(ii) More than 50 seats ~~240.00~~
150-16	(iii) Mobile food service units ~~100.00~~
150-17	(iv) Industrial caterer or food vending machine commissary ~~280.00~~
150-18	(v) Cultural heritage educational facility ~~80.00~~
150-19	(4) Vending machine sites or location:
150-20	(i) Three (3) or less machines ~~50.00~~
150-21	(ii) Four (4) to ten (10) machines ~~100.00~~
150-22	(iii) Eleven (11) or more machines ~~120.00~~
150-23	(5) Retail markets:
150-24	(i) 1 to 2 cash registers ~~120.00~~
150-25	(ii) 3 to 5 cash registers ~~240.00~~
150-26	(iii) 6 or more cash registers ~~510.00~~
150-27	(6) Retail food peddler (meat, seafood, dairy, and frozen dessert products) ~~100.00~~
150-28	(7) Food warehouses ~~190.00~~
150-29	(f) In no instance where an individual food business has more than one activity eligible
150-30	under this chapter for state registration within a single location shall the business be required to
150-31	pay more than a single fee for the one highest classified activity listed in subsection (e) of this
150-32	section; provided, that where several separate but identically classified activities are located
150-33	within the same building and under the management and jurisdiction of one person, one fee shall
150-34	be required. In each of the instances in this subsection, each activity shall be separately registered.
151-1	(g) Fees for registration of the above classifications shall be as set forth in § 23-1-54.
151-2	21-27-11.2. Application for certification. -- Any person who shall desire to be certified
151-3	in food safety shall submit in writing, on any forms as provided by the division, an application for
151-4	certification which shall be accompanied by an application fee ~~of fifty dollars ($50.00)~~ as set
151-5	forth in § 23-1-54 together with any other credentials that the rules and regulations and the
151-6	division may require.
151-7	SECTION 35. Section 23-1-39 of the General Laws in Chapter 23-1 entitled “Department
151-8	of Health” is hereby amended to read as follows:
151-9	23-1-39. Tattooing and/or body piercing. -- (a) The director shall promulgate rules and
151-10	regulations which provide minimum requirements to be met by any person performing tattooing
151-11	and/or body piercing upon any individual and for any establishment where tattooing and/or body
151-12	piercing is performed. These requirements shall include, but not be limited to, general sanitation
151-13	of premises wherein tattooing and/or body piercing is to be performed and sterilization of
151-14	instruments. These rules and regulations shall place emphasis on the prevention of disease,
151-15	specifically including, but not limited to, transmission of hepatitis B and/or human
151-16	immunodeficiency virus (HIV).
151-17	(b) In addition, these rules and regulations shall establish procedures for registration with
151-18	the department of health of all persons performing tattooing and/or body piercing, for registration
151-19	of any establishment where tattooing and/or body piercing is performed, for regular inspections of
151-20	premises where tattooing and/or body piercing is performed, for revocation of the registration of
151-21	any person or establishment deemed in violation of the rules and regulations promulgated under
151-22	this section. An annual registration fee in the amount ~~of ninety dollars ($90.00)~~ as set forth in §
151-23	23-1-54 shall be paid by any person or establishment registered to perform tattooing and/or body
151-24	piercing under this section. All fees shall be deposited by the department as general revenues.
151-25	(c) Body piercing of a minor is prohibited; provided, however, that body piercing will be
151-26	allowed if the minor is accompanied by his or her parent or guardian, and the parent or guardian
151-27	gives consent to the body piercing.
151-28	SECTION 36. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital
151-29	Records” is hereby amended to read as follows:
151-30	23-3-25. Fees for copies and searches. -- (a) The state registrar shall charge fees for
151-31	searches and copies as follows:
151-32	(1) For a search of two (2) consecutive calendar years under one name and for issuance of
151-33	a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth,
151-34	or a certification that the record cannot be found, and each duplicate copy of a certificate or
152-1	certification issued at the same time , the fee is ~~twenty dollars ($20.00)~~. ~~For each duplicate copy~~
152-2	~~of a certificate or certification issued at the same time, the fee is fifteen dollars ($15.00)~~ as set
152-3	forth in § 23-1-54.
152-4	(2) For each additional calendar year search, if applied for at the same time or within
152-5	three (3) months of the original request and if proof of payment for the basic search is submitted,
152-6	the fee is ~~two dollars ($2.00)~~ as set forth in § 23-1-54.
152-7	(3) For providing expedited service, the additional handling fee is ~~seven dollars ($7.00)~~
152-8	as set forth in § 23-1-54.
152-9	(4) For processing of adoptions, legitimations, or paternity determinations as specified in
152-10	§§ 23-3-14 and 23-3-15, there shall be a fee ~~of fifteen dollars ($15.00)~~ as set forth in § 23-1-54.
152-11	(5) For making authorized corrections, alterations, and additions, the fee is ~~ten dollars~~
152-12	~~($10.00)~~ as set forth in § 23-1-54; provided, no fee shall be collected for making authorized
152-13	corrections or alterations and additions on records filed before one year of the date on which the
152-14	event recorded has occurred.
152-15	(6) For examination of documentary proof and the filing of a delayed record, there is a
152-16	fee ~~of twenty dollars ($20.00)~~ as set forth in § 23-1-54; and ~~in addition to that fee, the~~ there is an
152-17	additional fee ~~is twenty dollars ($20.00)~~ as set forth in § 23-1-54 for the issuance of a certified
152-18	copy of a delayed record.
152-19	(b) Fees collected under this section by the state registrar shall be deposited in the general
152-20	fund of this state, according to the procedures established by the state treasurer.
152-21	(c) The local registrar shall charge fees for searches and copies of records as follows:
152-22	(1) For a search of two (2) consecutive calendar years under one name and for issuance of
152-23	a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a
152-24	certification of birth or a certification that the record cannot be found, the fee is twenty dollars
152-25	($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee
152-26	is fifteen dollars ($15.00).
152-27	(2) For each additional calendar year search, if applied for at the same time or within
152-28	three (3) months of the original request and if proof of payment for the basic search is submitted,
152-29	the fee is two dollars ($2.00).
152-30	(d) Fees collected under this section by the local registrar shall be deposited in the city or
152-31	town treasury according to the procedures established by the city or town treasurer except that six
152-32	dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the
152-33	general fund of this state.
153-34	SECTION 37. Section 23-4-13 of the General Laws in Chapter 23-4 entitled “Office of
153-35	the State Medical Examiner” is hereby amended to read as follows:
153-36	23-4-13. Establishment of fees. -- The director of the department of health shall
153-37	establish ~~a fee of forty dollars ($40.00)~~ fees for autopsy reports~~, a fee of thirty dollars ($30.00) for~~
153-38	cremation certificates, and statistics~~, and not less than six hundred and fifty dollars ($650) per~~
153-39	~~hour nor more than thirty-two hundred and fifty dollars ($3,250) per day~~. The director shall also
153-40	impose fees, at an hourly or daily rate, to give testimony in civil suits under this chapter. All fees
153-41	are as set forth in § 23-1-54. The director is authorized to establish in regulation reasonable fees
153-42	for additional documents not otherwise specified in this section. All of these fees shall be
153-43	collected and deposited as general revenues; provided, however, that no city or town, or any
153-44	agency or department of a city and town within the state, or the department of human services,
153-45	shall be required to pay any fees established by the director pursuant to this section.
153-46	SECTION 38. Section 23-4.1-10 of the General Laws in Chapter 23-4.1 entitled
153-47	“Emergency Medical Transportation Services” is hereby amended to read as follows:
153-48	23-4.1-10. Regulations and fees. -- (a) The director shall be guided by the purposes and
153-49	intent of this chapter in the making of regulations as authorized by this chapter.
153-50	(b) The director may issue regulations necessary to bring into effect any of the provisions
153-51	of this chapter.
153-52	(c) The director ~~may~~ shall charge a license ~~fee~~ fees ~~of not more than four hundred and~~
153-53	~~ninety dollars ($490)~~ for an annual license for an ambulance service, ~~a license fee of not more~~
153-54	~~than two hundred and fifty dollars ($250)~~ for an annual vehicle license, and ~~a license fee of not~~
153-55	~~more than ninety dollars ($90.00)~~ for an emergency medical technician license. All such fees are
153-56	as set forth in § 23-1-54.
153-57	(2) The director ~~may~~ shall charge an examination fee ~~of not more than ninety dollars~~
153-58	~~($90.00)~~ for examinations for an emergency medical technician license and ~~may charge~~ an
153-59	inspection fee ~~of not more than one hundred and seventy dollars ($170)~~ for inspections for a
153-60	vehicle license as set forth in § 23-1-54.
153-61	(3) The director is also authorized to establish reasonable fees for other administrative
153-62	actions that the director shall deem necessary to implement this chapter. The fees provided for in
153-63	this section shall be deposited as general revenues and shall not apply to any city or town
153-64	employee providing services referenced in this chapter on behalf of the city or town, and shall not
153-65	apply to any individual providing services referenced in this chapter on behalf of any bona fide
153-66	volunteer or not for profit organization. Further, the services licensure fees and vehicle inspection
153-67	fees shall not apply to services and vehicles operated by any city, town, or fire district or to
153-68	services and vehicles operated by bona fide volunteer or not for profit organizations.
154-1	SECTION 39. Section 23-16.2-4 of the General Laws in Chapter 23-16.2 entitled
154-2	“Laboratories” is hereby amended to read as follows:
154-3	23-16.2-4. License required for clinical laboratories -- Term of license -- Application
154-4	- Fee. -- (a) It shall be unlawful for any persons, corporation, or other form of business entity to
154-5	perform clinical or analytical laboratory services on specimens collected in this state or to own or
154-6	maintain a laboratory or station in this state without having a license issued by the department of
154-7	health pursuant to this chapter. A license, unless sooner suspended or revoked under the
154-8	provisions of this chapter, shall expire on the thirtieth (30th) day of December of every other year
154-9	following the date of license. This will be determined on an odd-even basis with respect to the
154-10	license number. Each license shall be issued only to conduct the tests approved and for the
154-11	premises and persons named in the application, and shall not be transferable or assignable. The
154-12	fee for a clinical laboratory license shall be ~~six hundred and fifty dollars ($650)~~ as set forth in §
154-13	23-1-54 for each specialty for which the laboratory is approved. The fee for a station license shall
154-14	be ~~six hundred and fifty dollars ($650)~~ as set forth in § 23-1-54. The fees shall be made payable
154-15	to the general treasurer, state of Rhode Island, and submitted with the application to the
154-16	department of health.
154-17	(b) It shall be unlawful for any persons, corporations, or other form of entity to own,
154-18	operate, maintain, conduct, or sponsor a temporary or ad hoc screening program without having
154-19	obtained a permit from the director of health. The fee for any permit shall be ~~seventy dollars~~
154-20	~~($70.00)~~ as set forth in § 23-1-54. It is within the director's discretion to waive the fee. All fees
154-21	shall be made payable to the general treasurer, state of Rhode Island. Nothing contained in this
154-22	section shall require any licensed persons, corporations, or other entity to pay the permit fee, if
154-23	the screening program is provided free of charge to the public by the licensed persons,
154-24	corporation, or entity.
154-25	SECTION 40. Section 23-17-38 of the General Laws in Chapter 23-17 entitled
154-26	“Licensing of Health Care Facilities” is hereby amended to read as follows:
154-27	23-17-38. Establishment of fees. -- The director shall establish fees for licensure
154-28	application, licensure renewal, inspection, and administrative actions under this chapter. Annual
154-29	inspection fees for hospitals and rehabilitation hospital centers shall be ~~sixteen thousand nine~~
154-30	~~hundred dollars ($16,900)~~ assessed on a per facility basis, ~~plus~~ as well as an additional fee ~~of one~~
154-31	~~hundred and twenty dollars ($120)~~ per bed. Annual licensure fees for ~~health maintenance~~
154-32	~~organizations and~~ for-profit end stage renal dialysis facilities shall be ~~three thousand nine hundred~~
154-33	~~dollars ($3,900)~~ assessed on a per facility basis. Annual licensure fees for home nursing care
154-34	providers and home care providers shall be ~~six hundred and fifty dollars ($650)~~ assessed on a per
155-1	facility basis; however, no additional license fee shall be charged when a home nursing care
155-2	provider or home care provider changes location during any calendar year for which an annual
155-3	license fee has already been paid for that home nursing care provider or home care provider. All
155-4	fees required in this section shall be as set forth in § 23-1-54. Annual licensure fees for organized
155-5	ambulatory care facilities shall also be ~~six hundred and fifty dollars ($650)~~ as set forth in § 23-1-
155-6	54, provided that not-for-profit entities operating more than one ambulatory care facility shall be
155-7	subject to a single annual licensure fee for all such licenses; provided, further, that nonprofit
155-8	charitable community health centers, school based health centers and nonprofit hospice programs
155-9	with a current home nursing care provider license shall be exempt from the fee. All annual
155-10	licensure fees not otherwise designated shall be established in regulation and shall be collected
155-11	and deposited as general revenues of the state.
155-12	SECTION 41. Section 23-17.4-31 of the General Laws in Chapter 23-17.4 entitled
155-13	“Assisted Living Residence Licensing Act” is hereby amended to read as follows:
155-14	23-17.4-31. Establishment of fees. -- The director may establish reasonable fees for the
155-15	licensure application, licensure renewal, and administrative actions under this chapter. Annual
155-16	licensure fees ~~shall be three hundred and thirty dollars ($330)~~ per licensee plus an additional fee
155-17	~~of seventy dollars ($70.00)~~ per licensed bed, where applicable, shall be assessed. All fees
155-18	required in this section shall be as set forth in § 23-1-54.
155-19	SECTION 42. Sections 23-17.9-3, 23-17.9-5, 23-17.9-6 and 23-17.9-7 of the General
155-20	Laws in Chapter 23-17.9 entitled “Registration of Nursing Assistants” are hereby amended to
155-21	read as follows:
155-22	23-17.9-3. Training and competency evaluation program for levels of nursing
155-23	assistants. -- Standards for training and/or competency evaluation programs for nursing assistants
155-24	and exemptions for applicants from the requirements of training programs shall be consistent with
155-25	federal statutory and regulatory requirements and shall be defined according to the rules and
155-26	regulations promulgated by the department of health. The national standards pertaining to nursing
155-27	assistants, nurse aides-home health aides, and the national home caring council or its succeeding
155-28	agency, (model curriculum and teaching guide for the instruction of homemaker-home health
155-29	aide) and any other appropriate standards shall serve as guidelines in the development of
155-30	regulatory standards for other levels of nursing assistants as determined by the director. The
155-31	department may require a fee ~~of not more four hundred and ten dollars ($410)~~ as set forth in § 23-
155-32	1-54 as an application fee for biennial training and competency evaluation program certification.
155-33	23-17.9-5. Qualifying examination. -- Nursing assistants as defined in § 23-17.9-2 who
155-34	are employed or have had experience as a nursing assistant prior to the enactment of this chapter,
156-1	and the effective date of the regulations promulgated in relation to this chapter, shall pass the
156-2	appropriate level of examination administered by the department approved by the director in lieu
156-3	of the training program. Exempt from the qualifying examination are home health
156-4	aides/homemakers who have successfully passed the qualifying examination and/or successfully
156-5	completed an approved home health aide/homemaker program under the provisions of chapter
156-6	17.7 of this title and the regulations promulgated in relation to that chapter. Also exempt from the
156-7	qualifying examination are classes of individuals, regardless of employment setting, who are
156-8	exempted from examination by federal statute or regulations and these exemptions shall be
156-9	defined according to rules and regulations promulgated by the department of health. Successful
156-10	completion of the qualifying examination and the provisions of this section shall be deemed
156-11	satisfactory for employment as a nursing assistant. Unless exempted by rules and regulations
156-12	promulgated by the department of health, each application must be submitted with a processing
156-13	fee ~~of forty dollars ($40.00)~~ as set forth in § 23-1-54 to be paid by the employing facility or
156-14	agency if the applicant has been continuously employed by the facility for six (6) months prior to
156-15	the application or by another responsible party as defined in rules and regulations promulgated by
156-16	the department of health consistent with federal statutory and/or regulatory requirements; but, if
156-17	the applicant is unemployed, to be submitted by the applicant. If the applicant shall be
156-18	continuously employed by the same facility for six (6) months after the application, then the fee
156-19	shall be directly refunded to the applicant by the facility or agency. If federal statutory or
156-20	regulatory requirements mandate that the certifying agency conduct an examination of manual
156-21	skills proficiency as a component of the examination process to meet minimal federal
156-22	compliance, a manual skills proficiency examination may be required by rules and regulations
156-23	promulgated by the department of health for all applicants not otherwise exempted from the
156-24	examination requirements. If a manual skills proficiency examination is required to be conducted
156-25	by the certifying agency as a component of the certifying examination, each application shall be
156-26	accompanied by a fee ~~not to exceed one hundred and thirty dollars ($130)~~ as set forth in § 23-1-
156-27	54 to be paid by the employing facility or agency if the applicant has been continuously employed
156-28	by the facility for six (6) months prior to the application or by another responsible party as
156-29	defined in rules and regulations promulgated by the department of health consistent with federal
156-30	statutory and/or regulatory requirements; but, if the applicant is unemployed, to be submitted by
156-31	the applicant. If the applicant shall be continuously employed by the same facility for six (6)
156-32	months after the application, then the fee shall be directly refunded on a pro rata basis between
156-33	months six (6) and twelve (12) to the applicant by the facility or agency.
157-34	23-17.9-6. Registration. -- Every nursing assistant being employed as a nursing assistant
157-35	or offering services as a nursing assistant must obtain a certificate of registration issued by the
157-36	department. Every nursing assistant, prior to being issued a certificate of registration by the
157-37	department, shall successfully complete the training program and/or qualifying examination as
157-38	required by §§ 23-17.9-3 and 23-17.9-5 unless otherwise exempt from the requirements. All
157-39	applicants not otherwise exempted are required to complete the process of training and
157-40	examination within a period of one year from the date of initiation of training. Failure to
157-41	successfully complete this process within one year requires that the applicant repeat the training
157-42	program and be retested. All nursing assistants shall be registered with and qualified by the
157-43	department of health. The fee for registration is ~~forty dollars ($40.00)~~ as set forth in § 23-1-54.
157-44	The department shall keep a register in which are entered the names of all persons to whom
157-45	certificates of registration are issued under this chapter and the register shall be open to public
157-46	inspection. In addition, if required by federal mandate the department will also keep a separate
157-47	nurse aide registry.
157-48	23-17.9-7. Renewal of certificate of registration. -- Every holder of a nursing assistant
157-49	certificate of registration shall register biennially by making application to the department on
157-50	forms provided by the agency. The renewals shall be granted as a matter of course, upon payment
157-51	of a fee ~~of forty dollars ($40.00)~~ as set forth in § 23-1-54 unless the agency finds that the
157-52	applicant has acted or failed to act in a manner under the circumstances that would constitute
157-53	grounds for suspension or revocation of a certificate of registration.
157-54	SECTION 43. Section 23-19.3-5 of the General Laws in Chapter 23-19.3 entitled
157-55	"Sanitarians" is hereby amended to read as follows:
157-56	23-19.3-5. Application for registration - Examination - Issuance of certificate -- (a) A
157-57	person who desires to be registered as a sanitarian shall file with the division of professional
157-58	regulation an application upon a form to be prescribed and furnished by the division of
157-59	professional regulation. He or she shall include in the application, under oath, his or her
157-60	qualifications as a sanitarian. The application shall be accompanied by a registration fee ~~of one~~
157-61	~~hundred and seventy dollars ($170)~~ as set forth in § 23-1-54.
157-62	(b) If the division of professional regulation deems the education qualifications of the
157-63	applicant are satisfactory and if he or she passes an examination, both written and oral,
157-64	satisfactory to the division of professional regulation, the division shall issue him or her a
157-65	certificate of registration. The certificate of registration shall expire at the end of the calendar
157-66	year, and may be renewed on or before January fifteenth (15th) of the following year. The fee for
157-67	renewal of a certificate of registration shall be ~~fifty dollars ($50)~~ as set forth in § 23-1-54.
158-68	SECTION 44. Section 23-20.8-3 of the General Laws in Chapter 23-20.8 entitled
158-69	“Licensing of Massage Therapy Establishments” is hereby amended to read as follows:
158-70	23-20.8-3. Practice of massage -- Use of titles limited -- Qualifications for licenses --
158-71	Fees. -- (a) Only a person licensed under this chapter shall practice massage.
158-72	(b) Only a person licensed under this chapter as a massage therapist may use the title
158-73	"massage therapist." Only a person licensed under this chapter may use the title "masseur" or
158-74	"masseuse."
158-75	(c) No person, firm, partnership, or corporation shall describe its services under the title
158-76	"massage" or "massage therapy" unless these services, as defined in §23-20.8-1, are performed by
158-77	a person licensed to practice massage under this chapter, and, if described as "massage therapy,"
158-78	by a massage therapist.
158-79	(d) Application for licenses as a masseur or masseuse, or as a massage therapist, shall be
158-80	issued by the department of health. Except for persons licensed as massage therapists, the
158-81	department shall establish minimum educational and training requirements for the persons to be
158-82	licensed under this chapter and shall have the authority to take disciplinary action against a
158-83	licensee for knowingly placing the health of a client at serious risk without maintaining the proper
158-84	precautions.
158-85	(e) The fee for original application for licensure as a massage therapist ~~shall be fifty~~
158-86	~~dollars ($50.00).The fee~~ and for annual license renewal shall be ~~fifty dollars ($50.00)~~ as set forth
158-87	in § 23-1-54. Fees for all other licenses under this chapter shall be fixed in an amount necessary
158-88	to cover the cost of administering this chapter.
158-89	(f) Any person applying for a license under this chapter shall undergo a criminal
158-90	background check. Such persons shall apply to the bureau of criminal identification of the state
158-91	police or local police department for a nationwide criminal records check. Fingerprinting shall be
158-92	required. Upon the discovery of any disqualifying information as defined in §23-20.8-5, the
158-93	bureau of criminal identification of the state police or the local police department shall inform the
158-94	applicant, in writing, of the nature of the disqualifying information. The applicant shall be
158-95	responsible for payment of the costs of the criminal records check.
158-96	SECTION 45. Section 23-21-2 of the General Laws in Chapter 23-21 entitled "Licensing
158-97	of Recreational Facilities" is hereby amended to read as follows:
158-98	23-21-2. License required -- Issuance and expiration of license. -- No person shall
158-99	maintain within this state any recreation facility or use until that person shall have obtained a
158-100	license for a facility or use from the department. The director, upon receipt of an application for a
158-101	recreation facility or use shall cause the facility or use to be inspected and, if the facility or use is
158-102	found to comply with the provisions of this chapter and the regulations adopted in accordance
159-1	with the provisions of this chapter, shall issue a license upon receipt of a fee ~~of one hundred sixty~~
159-2	~~($160)~~ as set forth in § 23-1-54. In order to set the license renewal dates so that all activities for
159-3	each establishment can be combined on one license instead of on several licenses, the license
159-4	renewal date shall be set by the department of health. The license period shall be for twelve (12)
159-5	months, commencing on the license renewal date, unless sooner suspended or revoked for
159-6	violation of the provisions of this chapter or the regulations adopted in accordance with this
159-7	chapter, and the license fee shall be at the full annual rate regardless of the date of application or
159-8	the date of issuance of license. If the license renewal date is changed, the department may make
159-9	an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order
159-10	to implement the change in license renewal date.
159-11	SECTION 46. Sections 23-22-6, 23-22-10, and 23-22-12 of the General Laws in Chapter
159-12	23-22 entitled “Licensing of Swimming Pools” are hereby amended to read as follows:
159-13	23-22-6. License required -- Term of license -- Application -- Fee .-- (a) No person
159-14	shall maintain within this state a swimming pool until that person shall have obtained the
159-15	appropriate license from the department. Licenses shall be of two (2) types, year-round or
159-16	seasonal. The director, upon receipt of an application for a license to operate a swimming pool,
159-17	shall cause that swimming pool to be inspected and if the swimming pool is found to comply with
159-18	the provisions of this chapter and the regulations adopted in accordance with this chapter, shall
159-19	issue a license upon receipt of a fee for a year-round license, ~~of two hundred fifty dollars ($250)~~
159-20	for the first pool at one location and ~~seventy-five dollars ($75.00)~~ an additional fee for each
159-21	additional pool at the same location, . The director shall issue a license upon receipt of a fee for a
159-22	seasonal license ~~of one hundred fifty dollars ($150)~~ for the first pool at one location and ~~seventy-~~
159-23	~~five dollars ($75.00)~~ an additional fee for each additional pool at the same location. Seasonal
159-24	licenses shall begin no sooner than June 1, and expire on September 30 of the year issued and
159-25	year-round licenses shall expire on December 31 of the year issued, unless sooner revoked for
159-26	violation of the provisions of this chapter or of the regulations adopted in accordance with this
159-27	chapter. Provided, however, every organization which provides recreational facilities for persons
159-28	under the age of eighteen (18) years and which is exempt from income taxes pursuant to the
159-29	provisions of 26 U.S.C. § 501(c)(3), and which maintains a swimming pool shall pay a fee of
159-30	~~twenty-five dollars ($25.00)~~ for a year-round license. All fees required by this section shall be as
159-31	set forth in § 23-1-54. The provisions of this chapter shall not apply to any swimming pool
159-32	maintained by the state.
159-33	(b) No lifeguard shall be required for any pool licensed in this chapter; provided, a
159-34	lifeguard shall be on duty if the pool is used by a swim club or a group of unsupervised children
160-1	who may have access to the pool. Operators of pools shall, when no lifeguard is on duty:
160-2	(1) Require an attendant and/or a mechanical system to limit access to guests and
160-3	members only;
160-4	(2) Require a person trained in first aid to be physically located in close proximity to the
160-5	pool in question;
160-6	(3) Require the following signs to be posted in a conspicuous place:
160-7	(i) NO LIFEGUARD ON DUTY - SWIM AT YOUR OWN RISK (minimum 4" letters
160-8	in RED)
160-9	(ii) NO ONE UNDER 18 PERMITTED UNLESS ACCOMPANIED BY AN ADULT
160-10	(iii) ADULTS SHOULD NOT SWIM ALONE
160-11	(iv) A SCHEDULE OF POOL HOURS
160-12	(v) NO GLASS IN POOL AREA
160-13	(vi) NO RUNNING OR ROUGH HOUSING
160-14	(vii) NO DIVING
160-15	(viii) NO ANIMALS OR PETS
160-16	(4) Require, in the case of outdoor pools, in addition to the above requirements, a fence
160-17	with a lockable gate or door, a minimum of not less than six feet (6') in height, which completely
160-18	surrounds the pool area.
160-19	23-22-10. Duplicate license -- Displaying license after suspension or revocation. --
160-20	Whenever a license while still effective may become defaced or destroyed, the department of
160-21	health shall, upon application, issue a duplicate license upon payment of a fee ~~of two dollars~~
160-22	~~($2.00)~~ as set forth in § 23-1-54 to the department. It shall be unlawful for any person to display
160-23	or to keep displayed any license after the person has received notice of the suspension or
160-24	revocation of the license.
160-25	23-22-12. Penalty for violations. -- Any person, other than a city or town, whether as
160-26	principal, agent, employer, or employee, who violates any of the provisions of this chapter, or any
160-27	of the rules and regulations made by the department of health pursuant to this chapter, shall be
160-28	punished by a fine ~~of not more than fifty dollars ($50.00)~~ for each offense as set forth in § 23-1-
160-29	54, and each day that any violation occurs shall constitute a separate and distinct offense.
160-30	SECTION 47. Section 23-39-11 of the General Laws in Chapter 23-39 entitled
160-31	“Respiratory Care Act” is hereby amended to read as follows:
160-32	23-39-11. Fees. -- (a) The director, in consultation with the board, shall establish a
160-33	schedule of reasonable fees for licenses, and for renewal of licenses for respiratory care
160-34	practitioners.
161-1	(b) The initial application fee shall be ~~one hundred and seventy dollars ($170)~~ as set forth
161-2	in § 23-1-54.
161-3	(c) A biennial license renewal fee shall be established in an amount ~~of one hundred and~~
161-4	~~thirty ($130)~~ as set forth in § 23-1-54.
161-5	SECTION 48. Chapter 23-1 of the General Laws entitled “Department of Health” is
161-6	hereby amended by adding thereto the following section:
161-7	23-1-16.1 Letters of License Verification-Fees. -- (a) There shall be a fee, to be paid by
161-8	the individual or entity making the request as set forth in § 23-1-54, for any letter issued by the
161-9	department verifying a license which was issued by the department; and
161-10	(b) the proceeds of any fees collected pursuant to the provisions of this chapter shall be
161-11	paid into the state treasury and shall be for the use of the department of health to offset the costs
161-12	of issuing the license verification letters.
161-13	SECTION 49. Chapter 23-1 of the General Laws entitled “Department of Health” is
161-14	hereby amended by adding thereto the following section:
161-15	23-1-54. Fees Payable to the Department of Health. -- Fees payable to the department
161-16	shall be as follows:
161-17	PROFESSION RIGL Section Description of Fee FEE
161-18	Barbers/hairdressers 5-10-10 (a) Renewal application $25.00
161-19	Barbers/hairdressers 5-10-10 (a) Renewal application:
161-20	Manicuring Instructors and manicurists $20.00
161-21	Barbers/hairdressers 5-10-10 (b) Minimum late renewal fee $20.00
161-22	Barbers/hairdressers 5-10-10 (b) Maximum late renewal fee $80.00
161-23	Barbers/hairdressers 5-10-11 [c] Application fee $15.00
161-24	Barbers/hairdressers 5-10-11 [c] Application fee: manicuring
161-25	Instructors and manicurists $10.00
161-26	Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00
161-27	Barbers/hairdressers 5-10-15 Shop license: initial $170.00
161-28	Barbers/hairdressers 5-10-15 Shop license: renewal $170.00
161-29	Veterinarians 5-25-10 Application fee $580.00
161-30	Veterinarians 5-25-11 Examination fee $580.00
161-31	Veterinarians 5-25-12 (a) Renewal fee $580.00
161-32	Veterinarians 5-25-12 [ c] Late renewal fee $120.00
161-33	Podiatrists 5-29-7 Application fee $240.00
162-34	Podiatrists 5-29-11 Renewal fee: minimum $240.00
162-35	Podiatrists 5-29-11 Renewal fee: maximum $540.00
162-36	Podiatrists 5-29-13 Limited registration $90.00
162-37	Podiatrists 5-29-14 Limited registration:
162-38	Academic faculty $240.00
162-39	Podiatrists 5-29-14 Application fee:
162-40	Renewal minimum $240.00
162-41	Podiatrists 5-29-14 Application fee:
162-42	Renewal maximum $440.00
162-43	Chiropractors 5-30-7 Examination exemption fee: $210.00
162-44	Chiropractors 5-30-8 (b) Exam Physiotherapy $210.00
162-45	Chiropractors 5-30-8 (b) Exam combined chiro $210.00
162-46	Chiropractors 5-30-12 and physio Renewal fee $210.00
162-47	Dentists/dental hygienists 5-31.1-6 (d) Dentist: application fee $965.00
162-48	Dentists/dental hygienists 5-31.1-6 (d) Dental hygienist: application fee $65.00
162-49	Dentists/dental hygienists 5-31.1-6 (d) Reexamination: dentist $965.00
162-50	Dentists/dental hygienists 5-31.1-6 (d) Reexamination: hygienist $65.00
162-51	Dentists/dental hygienists 5-31.1-21 (b) Reinstatement fee $965.00
162-52	Dentists/dental hygienists 5-31.1-21 (c) Inactive status: dentist $220.00
162-53	Dentists/dental hygienists 5-31.1-21 (c) Inactive status: hygienist $120.00
162-54	Dentists/dental hygienists 5-31.1-22 Limited registration $65.00
162-55	Dentists/dental hygienists 5-31.1-23 [c] Limited reg:
162-56	Academic faculty $965.00
162-57	Dentists/dental hygienists 5-31.1-23 [c] Limited reg:
162-58	Academic faculty renewal $220.00
162-59	Electrolysis 5-32-2 Unlicensed practice penalty $35.00
162-60	Electrolysis 5-32-3 Application fee $10.00
162-61	Electrolysis 5-32-3 Penalty for violations $260.00
162-62	Electrolysis 5-32-6 (b) Renewal fee $10.00
162-63	Electrolysis 5-32-7 Reciprocal license fee $10.00
162-64	Electrolysis 5-32-17 Teaching license $10.00
162-65	Funeral directors/embalmers/ 5-33.2-12 Funeral establishment license $90.00
162-66	Funeral services establishments
162-67	Funeral directors/embalmers/ 5-33.2-12 Funeral branch ofc license $90.00
163-68	Funeral services establishments
163-69	Funeral directors/embalmers/ 5-33.2-13.1 Crematories: application fee $120.00
163-70	Funeral services establishments
163-71	Funeral directors/embalmers/ 5-33.2-15 Renewal: funeral/director
163-72	Funeral Svcs establishments embalmer $30.00
163-73	Funeral directors/embalmers/ 5-33.2-15 Additional branch office
163-74	funeral services Establishments licenses $120.00
163-75	Funeral directors/embalmers/ 5-33.2-15 Crematory renewal fee
163-76	Funeral svcs establishments $120.00
163-77	Funeral directors/embalmers/ 5-33.2-15 Late renewal fee
163-78	Funeral svcs establishments $90.00
163-79	Funeral directors/embalmers/ 5-33.2-16 (a) Intern registration fee
163-80	Funeral Services establishments $55.00
163-81	Nurses 5-34-12 RN Application fee $135.00
163-82	Nurses 5-34-16 LPN Application fee $45.00
163-83	Nurses 5-34-19 Renewal fee: RN $135.00
163-84	Nurses 5-34-19 Renewal fee: LPN $45.00
163-85	Nurses 5-34-37 RNP application fee $80.00
163-86	Nurses 5-34-37 RNP renewal fee $80.00
163-87	Nurses 5-34-37 RNP prescriptive privileges $65.00
163-88	Nurses 5-34-40.3 Clin nurse spec application $80.00
163-89	Nurses 5-34-40.3 Clin nurse spec renewal $80.00
163-90	Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00
163-91	Nurse anesthetists 5-34.2-4 (a) CRNA application fee $80.00
163-92	Nurse anesthetists 5-34.2-4 (b) CRNA renewal fee $80.00
163-93	Optometrists 5-35.1-4 Application fee $280.00
163-94	Optometrists 5-35.1-7 Renewal fee $280.00
163-95	Optometrists 5-35.1-7 Late fee $90.00
163-96	Optometrists 5-35.1-7 Reactivation of license fee $65.00
163-97	Optometrists 5-35.1-19 (b) Violations of section $650.00
163-98	Optometrists 5-35.1-20 Violations of chapter $260.00
163-99	Opticians 5-35.2-3 Application fee $30.00
163-100	Physicians 5-37-2 Application fee $1,090.00
163-101	Physicians 5-37-2 Re-examination fee $1,090.00
164-102	Physicians 5-37-10 (b) Late renewal fee $170.00
164-103	Physicians 5-37-16 Limited registration fee $65.00
164-104	Physicians 5-37-16.1 Ltd reg: academic faculty $600.00
164-105	Physicians 5-37-16.1 Ltd reg: academic
164-106	Faculty renewal $170.00
164-107	Acupuncture 5-37.2-10 Application fee $310.00
164-108	Social workers 5-39.1-9 Application fee $70.00
164-109	Social workers 5-39.1-9 Renewal fee $70.00
164-110	Physical therapists 5-40-8 Application fee $155.00
164-111	Physical therapists 5-40-8.1 Application: physical therapy
164-112	assistants $ 50.00
164-113	Physical therapists 5-40-10 (a) Renewal fee:
164-114	Physical therapists $155.00
164-115	Physical therapists 5-40-10 (a) Renewal fee: Physical therapy
164-116	assistants $ 50.00
164-117	Physical therapists 5-40-10 [c] Late renewals $ 50.00
164-118	Occupational therapists 5-40.1-12 (2) Renewal fee $140.00
164-119	Occupational therapists 5-40.1-12 (5) Late renewal fee $50.00
164-120	Occupational therapists 5-40.1-12 (b) Reactivation fee $140.00
164-121	Occupational therapists 5-40.1-13 Application fee $140.00
164-122	Psychologists 5-44-12 Application fee $230.00
164-123	Psychologists 5-44-13 Temporary permit $120.00
164-124	Psychologists 5-44-15[c] Renewal fee $230.00
164-125	Psychologists 5-44-15 (e) Late renewal fee $50.00
164-126	Nursing home administrators 5-45-10 Renewal fee $160.00
164-127	Speech pathologist/audiologists 5-48-1 (14) Speech lang support personnel:
164-128	late filing $ 90.00
164-129	Speech pathologist/audiologists 5-48-9 (a) Application fee: Audiologist $ 65.00
164-130	Speech pathologist/audiologists 5-48-9 (a) Application fee:
164-131	speech Pathologist $145.00
164-132	Speech pathologist/audiologists 5-48-9 (a) Renewal fee: Audiologist $65.00
164-133	Speech pathologist/audiologists 5-48-9 (a) Renewal fee: Speech
164-134	Pathologist $145.00
164-135	Speech pathologist/audiologists 5-48-9 (a) Provisional license: renewal fee $65.00
165-136	Speech pathologist/audiologists 5-48-9 (b) Late renewal fee $50.00
165-137	Speech pathologist/audiologists 5-48-9 (d)(1) Reinstatement fee $65.00
165-138	Speech pathologist/audiologists 5-48-9 (e) Audiology/speech lang support
165-139	personnel: late filing $65.00
165-140	Hearing aid dealers/fitters 5-49-6 (a) License endorsement
165-141	Examination fee $ 25.00
165-142	Hearing aid dealers/fitters 5-49-8 (b) Temporary permit fee $ 35.00
165-143	Hearing aid dealers/fitters 5-49-8 (d) Temporary permit renewal fee $35.00
165-144	Hearing aid dealers/fitters 5-49-11 (1) License fee $ 25.00
165-145	Hearing aid dealers/fitters 5-49-11 (b) License renewal fee $25.00
165-146	Hearing aid dealers/fitters 5-49-11 [c] License renewal late fee $25.00
165-147	Physician assistants 5-54-9 (4) Application fee $110.00
165-148	Physician assistants 5-54-11 (b) Renewal fee $110.00
165-149	Orthotics/prosthetic practice 5-59.1-5 Application fee $120.00
165-150	Orthotics/prosthetic practice 5-59.1-12 Renewal fee $120.00
165-151	Athletic trainers 5-60-11 Application fee $60.00
165-152	Athletic trainers 5-60-11 Renewal fee $60.00
165-153	Athletic trainers 5-60-11 Late renewal fee $25.00
165-154	Mental health counselors/ 5-63.2-16 Application fee: marriage/
165-155	Marriage and family therapists Family therapist $130.00
165-156	Mental health counselors/ 5-63.2-16 Application fee: mental
165-157	Marriage and family therapists Health counselors $70.00
165-158	Mental health counselors/ 5-63.2-16 Reexamination fee:
165-159	Marriage and family therapists Marriage/family therapist $130.00
165-160	Mental health counselors/ 5-63.2-16 Reexamination fee:
165-161	Marriage and family therapists Mental health counselors $ 70.00
165-162	Mental health counselors/ 5-63.2-17(a) Renewal fee: marriage/
165-163	marriage and Family therapists Family therapist $130.00
165-164	Mental health counselors/5-63.2-17(a) Renewal fee:
165-165	Marriage and family therapist Mental health counselor $70.00
165-166	Mental health counselors/ 5-63.2-17(b) Late renewal fee
165-167	Marriage and family therapist $90.00
165-168	Dieticians/nutritionists 5-64-6 (b) Application fee $75.00
165-169	Dieticians/nutritionists 5-64-8 Renewal fee $ 75.00
166-170	Dieticians/nutritionists 5-64-8 Reinstatement fee $ 75.00
166-171	Radiologic technologists 5-68.1-10 Application fee maximum $190.00
166-172	Licensed chemical 5-69-9 Application fee $75.00
166-173	Dependency professionals
166-174	Licensed chemical 5-69-9 Renewal fee $75.00
166-175	Dependency professionals
166-176	Deaf interpreters 5-71-8 (3) License fee maximum $ 15.00
166-177	Milk producers 21-2-7(g)(1) In-state milk processor $160.00
166-178	Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00
166-179	Milk producers 21-2-7(g)(3) Milk distributors $160.00
166-180	Frozen desserts 21-9-3 (1) In-state wholesale $550.00
166-181	Frozen desserts 21-9-3 (2) Out-of-state wholesale $160.00
166-182	Frozen desserts 21-9-3 (3) Retail frozen dess processors $160.00
166-183	Meats 21-11-4 Wholesale $160.00
166-184	Meats 21-11-4 Retail $ 40.00
166-185	Shellfish packing houses 21-14-2 License fee:
166-186	Shipper/reshipper $320.00
166-187	Shellfish packing houses 21-14-2 License fee:
166-188	Shucker packer/re packer $390.00
166-189	Non-alcoholic bottled 21-23-2 Bottler permit
166-190	Beverages, Drinks & juices $550.00
166-191	Non-alcoholic bottled 21-23-2 Bottle apple cider fee
166-192	beverages, drinks and juices $ 60.00
166-193	Farm home food manufacturers 21-27-6.1 (4) Registration fee $ 65.00
166-194	Food businesses 21-27-10 (e)(1) Food processors wholesale $500.00
166-195	Food businesses 21-27-10 (e)(2) Food processors retail $120.00
166-196	Food businesses 21-27-10 (e)(3) Food service establishments
166-197	<50 seats $160.00
166-198	Food businesses 21-27-10 (e)(3) Food service establishments
166-199	>50 seats $240.00
166-200	Food businesses 21-27-10 (e)(3) Mobile food service units $100.00
166-201	Food businesses 21-27-10 (e)(3) Industrial caterer or food vending
166-202	Machine commissary $280.00
166-203	Food businesses 21-27-10 (e)(3) Cultural heritage educational
167-204	Facility $ 80.00
167-205	Food businesses 21-27-10 (e)(4) Vending Machine Location
167-206	< 3 units $ 50.00
167-207	Food businesses 21-27-10 (e)(4) Vending Machine
167-208	Location 4-10 units $100.00
167-209	Food businesses 21-27-10 (e)(4) Vending Machine Location
167-210	= 11 units $120.00
167-211	Food businesses 21-27-10 (e)(5) Retail Mkt
167-212	1-2 cash registers $120.00
167-213	Food businesses 21-27-10 (e)(5) Retail Market
167-214	3-5 cash registers $240.00
167-215	Food businesses 21-27-10 (e)(5) Retail Market = 6
167-216	Cash registers $510.00
167-217	Food businesses 21-27-10 (e)(6) Retail food peddler $100.00
167-218	Food businesses 21-27-10 (e)(7) Food warehouses $190.00
167-219	Food businesses 21-27-11.2 Certified food safety mgr $ 50.00
167-220	License verification fee 23-1-16.1 All license types $ 30.00
167-221	Tattoo and body piercing 23-1-39 Annual registration fee:
167-222	Person Not HPR
167-223	Tattoo and body piercing 23-1-39 Annual registration fee:
167-224	Establishment Not HPR
167-225	Vital records 23-3-25 (a)(1) Certificate of birth, fetal death,
167-226	Death, marriage, birth, or
167-227	Certification that such record
167-228	Cannot be found $ 20.00
167-229	Vital records 23-3-25 (a)(1) Each duplicate of certificate
167-230	of birth, fetal death, death, marriage,
167-231	Birth, or certification that such record
167-232	cannot be found $ 15.00
167-233	Vital records 23-3-25 (a)(2) Each additional calendar year
167-234	Search, if within 3 months of
167-235	original search and if receipt of original
167-236	search presented $ 2.00
167-237	Vital records 23-3-25 (a)(3) Expedited service $ 7.00
168-238	Vital records 23-3-25 (a)(4) Adoptions, legitimations, or
168-239	Paternity determinations $ 15.00
168-240	Vital records 23-3-25 (a)(5) Authorized corrections,
168-241	Alterations, and additions $ 10.00
168-242	Vital records 23-3-25 (a)(6) Filing of delayed record and
168-243	Examination of documentary
168-244	Proof $ 20.00
168-245	Vital records 23-3-25 (a)(6) Issuance of certified copy
168-246	of a delayed record $ 20.00
168-247	Medical Examiner 23-4-13 Autopsy reports $ 40.00
168-248	Medical Examiner 23-4-13 Cremation certificates
168-249	and statistics $ 30.00
168-250	Medical Examiner 23-4-13 Testimony in civil suits:
168-251	Minimum/day $650.00
168-252	Medical Examiner 23-4-13 Testimony in civil suits:
168-253	Maximum/day $3,250.00
168-254	Emergency medical technicians 23-4.1-10[c] Annual fee: ambulance
168-255	Service maximum $540.00
168-256	Emergency medical technicians 23-4.1-10[c] Annual fee: vehicle license
168-257	maximum $275.00
168-258	Emergency medical technicians 23-4.1-10[c] Annual fee: EMT license
168-259	maximum $ 40.00
168-260	Emergency medical technicians 23-4.1-10 (2) Exam fee maximum:
168-261	EMT $ 40.00
168-262	Emergency medical technicians 23-4.1-10 (2) Vehicle inspection
168-263	Maximum $190.00
168-264	Clinical laboratories 23-16.2-4 (a) Clinical laboratory license
168-265	per specialty $650.00
168-266	Clinical laboratories 23-16.2-4 (a) Laboratory station license $650.00
168-267	Clinical laboratories 23-16.2-4 (b) Permit fee $ 70.00
168-268	Health care facilities 23-17-38 Hospital: base fee annual $16,900.00
168-269	Health care facilities 23-17-38 Hospital: annual per bed fee $120.00
168-270	Health care facilities 23-17-38 ESRD: annual fee $3,900.00
168-271	Health care facilities 23-17-38 Home nursing care/home
169-272	Care providers $650.00
169-273	Health care facilities 23-17-38 OACF: annual fee $650.00
169-274	Assisted living residences 23-17.4-31 Annual facility fee: base $330.00
169-275	Assisted living residences 23-17.4-31 Annual facility per bed $ 70.00
169-276	Nursing assistant registration 23-17.9-3 Application: competency
169-277	evaluation training
169-278	program maximum $325.00
169-279	Nursing assistant registration 23-17.9-5 Application fee $ 35.00
169-280	Nursing assistant registration 23-17.9-5 Exam fee: skills proficiency $170.00
169-281	Nursing assistant registration 23-17.9-6 Registration fee $ 35.00
169-282	Nursing assistant registration 23-17.9-7 Renewal fee $ 35.00
169-283	Sanitarians 23-19.3-5 (a) Registration fee $ 25.00
169-284	Sanitarians 23-19.3-5 (b) Registration renewal $ 25.00
169-285	Massage therapy 23-20.8-3 (e) Massage therapist appl fee $ 65.00
169-286	Massage therapy 23-20.8-3 (e) Massage therapist renewal
169-287	fee $ 65.00
169-288	Recreational facilities 23-21-2 Application fee $160.00
169-289	Swimming pools 23-22-6 Application license:
169-290	first pool $250.00
169-291	Swimming pools 23-22-6 Additional pool
169-292	fee at same location $ 75.00
169-293	Swimming pools 23-22-6 Seasonal application license:
169-294	first pool $150.00
169-295	Swimming pools 23-22-6 Seasonal additional pool
169-296	fee at same location $ 75.00
169-297	Swimming pools 23-22-6 Year-round license
169-298	for non-profit $25.00
169-299	Swimming pools 23-22-10 Duplicate license $ 2.00
169-300	Swimming pools 23-22-12 Penalty for violations $ 50.00
169-301	Respiratory care practitioners 23-39-11 Application fee $ 60.00
169-302	Respiratory care practitioners 23-39-11 Renewal fee $ 60.00
169-303	SECTION 50. This article shall take effect upon passage.
169-304	ARTICLE 10
169-305	RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2012
170-306	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
170-307	in this article, the following general revenue amounts are hereby appropriated out of any money
170-308	in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
170-309	2012. The amounts identified for federal funds and restricted receipts shall be made available
170-310	pursuant to Section 35-4-22 and Chapter 42-41 of the Rhode Island General Laws. For the
170-311	purposes and functions hereinafter mentioned, the state controller is hereby authorized and
170-312	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
170-313	portions thereof as may be required from time to time upon receipt by him or her of properly
170-314	authenticated vouchers.
170-315	FY 2012 FY 2012 FY 2012
170-316	Enacted Change Final
170-317	Administration
170-318	Central Management
170-319	General Revenues 1,326,065 840,232 2,166,297
170-320	Total - Central Management 1,326,065 840,232 2,166,297
170-321	Legal Services
170-322	General Revenue 1,825,486 106,608 1,932,094
170-323	Total - Legal Services 1,825,486 106,608 1,932,094
170-324	Accounts and Control
170-325	General Revenues 3,751,998 29,173 3,781,171
170-326	Total – Accounts and Control 3,751,998 29,173 3,781,171
170-327	Budgeting
170-328	General Revenues 2,015,159 348,384 2,363,543
170-329	Total - Budgeting 2,015,159 348,384 2,363,543
170-330	Purchasing
170-331	General Revenues 2,445,901 (140,094) 2,305,807
170-332	Federal Funds 68,956 (71) 68,885
170-333	Other Funds 265,489 (5,819) 259,670
170-334	Total – Purchasing 2,780,346 (145,984) 2,634,362
170-335	Auditing
170-336	General Revenues 1,376,922 (136,914) 1,240,008
170-337	Total – Auditing 1,376,922 (136,914) 1,240,008
170-338	Human Resources
170-339	General Revenues 8,952,981 (250,967) 8,702,014
171-340	Federal Funds 770,374 (81,260) 689,114
171-341	Restricted Receipts 426,866 (53,303) 373,563
171-342	Other Funds 1,360,618 (66,089) 1,294,529
171-343	Total - Human Resources 11,510,839 (451,619) 11,059,220
171-344	Personnel Appeal Board
171-345	General Revenues 73,560 1,116 74,676
171-346	Total – Personnel Appeal Board 73,560 1,116 74,676
171-347	Facilities Management
171-348	General Revenues 31,519,155 316,677 31,835,832
171-349	Federal Funds
171-350	Federal Funds 1,041,891 (19,253) 1,022,638
171-351	Federal Funds – Stimulus 0 408 408
171-352	Federal Funds Total 1,041,891 (18,845) 1,023,046
171-353	Restricted Receipts 594,907 (11,588) 583,319
171-354	Other Funds 3,301,000 (62,745) 3,238,255
171-355	Total – Facilities Management 36,456,953 223,499 36,680,452
171-356	Capital Projects and Property Management
171-357	General Revenues
171-358	General Revenues 2,104,681 199,939 2,304,620
171-359	Fire Code Board of Appeals and Review 325,213 6,864 332,077
171-360	General Revenue Total 2,429,894 206,803 2,636,697
171-361	Federal Funds - Stimulus 58,363 175,502 233,865
171-362	Restricted Receipts 1,433,822 (179,768) 1,254,054
171-363	Total – Capital Projects & Property Mgmt 3,922,079 202,537 4,124,616
171-364	Information Technology
171-365	General Revenues 19,949,105 968,088 20,917,193
171-366	Federal Funds 6,775,106 (1,059,396) 5,715,710
171-367	Restricted Receipts 1,863,153 (86,555) 1,776,598
171-368	Other Funds 1,792,590 314,143 2,106,733
171-369	Total – Information Technology 30,379,954 136,280 30,516,234
171-370	Library and Information Services
171-371	General Revenues 932,971 (1,802) 931,169
171-372	Federal Funds 1,288,445 149,887 1,438,332
171-373	Restricted Receipts 1,895 0 1,895
172-374	Total - Library and Information Services 2,223,311 148,085 2,371,396
172-375	Planning
172-376	General Revenues 4,075,067 (11,656) 4,063,411
172-377	Federal Funds
172-378	Federal Funds 11,414,909 (495,369) 10,919,540
172-379	Federal Funds - Stimulus 1,053,053 427,899 1,480,952
172-380	Federal Funds Total 12,467,962 (67,470) 12,400,492
172-381	Other Funds
172-382	Federal Highway – PL Systems Planning 5,126,163 (206,575) 4,919,588
172-383	Air Quality Monitoring 10,000 (10,000) 0
172-384	Other Funds Total 5,136,163 (216,575) 4,919,588
172-385	Total - Planning 21,679,192 (295,701) 21,383,491
172-386	General
172-387	General Revenues
172-388	Economic Development Corporation 4,811,811 770,000 5,581,811
172-389	EDC – Airport Corporation Impact Aid 1,025,000 0 1,025,000
172-390	Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
172-391	distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
172-392	the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
172-393	(40%) of the first $1,000,000 shall be distributed based on the share of landings during the
172-394	calendar year 2011 at North Central Airport, and Westerly Airport, respectively. The Economic
172-395	Development Corporation shall make an impact payment to the towns of cities in which the
172-396	airport is located based on this calculation.
172-397	Each community upon which any parts of the above airports are located shall receive at
172-398	least $25,000.
172-399	EDC – EPScore (Research Alliance) 1,500,000 0 1,500,000
172-400	Miscellaneous Grants 376,560 (14,175) 362,385
172-401	Slater Centers of Excellence 2,000,000 0 2,000,000
172-402	Torts – Courts 400,000 0 400,000
172-403	State Employees/Teachers Retiree Hlth Subsidy 2,321,057 0 2,321,057
172-404	Resource Sharing and State Library Aid 8,773,398 0 8,773,398
172-405	Library Construction Aid 2,821,772 0 2,821,772
172-406	General Revenue Total 24,029,598 755,825 24,785,423
172-407	Federal Funds 0 8,691,110 8,691,110
173-408	Restricted Receipts 421,500 0 421,500
173-409	Other Funds
173-410	Rhode Island Capital Plan Funds
173-411	Statehouse Renovations 1,500,000 654,704 2,154,704
173-412	Cranston Street Armory 200,000 420,863 620,863
173-413	Cannon Building 1,225,000 0 1,225,000
173-414	Zambarano Building Rehabilitation 848,000 222,484 1,070,484
173-415	Pastore Medical Center Rehab DOA 1,000,000 0 1,000,000
173-416	Old State House 500,000 0 500,000
173-417	State Office Building 1,150,000 0 1,150,000
173-418	Old Colony House 200,000 305,277 505,277
173-419	William Powers Building 500,000 357,348 857,348
173-420	Fire Code Compliance State Buildings 650,000 0 650,000
173-421	Pastore Center Fire Code Compliance 800,000 340,137 1,140,137
173-422	Pastore Center Water Tanks 500,000 0 500,000
173-423	Pastore Center Utilities Upgrade 1,000,000 330,509 1,330,509
173-424	Replacement of Fueling Tanks 300,000 195,799 495,799
173-425	Environmental Compliance 300,000 0 300,000
173-426	Pastore Center Building Demolition 2,500,000 (1,000,000) 1,500,000
173-427	McCoy Stadium 500,000 607,809 1,107,809
173-428	Washington County Government Center 1,200,000 646,233 1,846,233
173-429	DoIT Operations Center 288,000 1,383,506 1,671,506
173-430	Pastore Center Power Plant 670,000 175,825 845,825
173-431	Veterans Memorial Auditorium 1,400,000 2,224,825 3,624,825
173-432	Chapin Health Laboratory 500,000 0 500,000
173-433	Pastore Center Parking 225,000 0 225,000
173-434	Board of Elections New Location 100,000 0 100,000
173-435	Building 79 Stabilization 300,000 0 300,000
173-436	Interdepartmental Weapons Range 150,000 0 150,000
173-437	USAR Rubble Pile 0 200,000 200,000
173-438	Zambarano Woodchip Boiler 0 750,000 750,000
173-439	Big River Groundwater Development 0 186,372 186,372
173-440	Big River Management Area 200,000 62,252 262,252
173-441	Other Funds Total 18,706,000 8,063,943 26,769,943
174-442	Total – General 43,157,098 17,510,878 60,667,97Debt
174-443	Service Payments
174-444	General Revenues 144,742,359 (3,593,292) 141,149,067
174-445	Federal Funds 743,348 2,015,980 2,759,328
174-446	Restricted Receipts 7,634,798 (3,179,641) 4,455,157
174-447	Other Funds
174-448	RIPTA Debt Service 1,198,372 (93,028) 1,105,344
174-449	Transportation Debt Service 46,206,772 (4,360,035) 41,846,737
174-450	Investment Receipts – Bond Funds 100,000 0 100,000
174-451	COPS - DLT Building – TDI 278,848 0 278,848
174-452	Other Funds Total 47,783,992 (4,453,063) 43,330,929
174-453	Total - Debt Service Payments 200,904,497 (9,210,016) 191,694,481
174-454	Energy Resources
174-455	Federal Funds
174-456	Federal Funds 34,004,073 137,422 34,141,495
174-457	Federal Funds – Stimulus 11,865,689 17,551,289 29,416,978
174-458	Federal Funds Total 45,869,762 17,688,711 63,558,473
174-459	Restricted Receipts 7,682,130 3,081,023 10,763,153
174-460	Total – Energy Resources 53,551,892 20,769,734 74,321,626
174-461	Undistributed Statewide Savings
174-462	General Revenues (3,000,000) 3,000,000 0
174-463	General Revenue Total (3,000,000) 3,000,000 0
174-464	Total – Undistributed Statewide Savings (3,000,000) 3,000,000 0
174-465	Grand Total – General Revenue Funds 246,446,221 2,438,181 284,884,402
174-466	Grand Total – Administration 413,935,351 33,076,292 447,011,643
174-467	Business Regulation
174-468	Central Management
174-469	General Revenues 1,162,041 (67,085) 1,094,956
174-470	Total - Central Management 1,162,041 (67,085) 1,094,956
174-471	Banking Regulation
174-472	General Revenues 1,472,238 (1,101) 1,471,137
174-473	Restricted Receipts 125,000 0 125,000
174-474	Total - Banking Regulation 1,597,238 (1,101) 1,596,137
174-475	Securities Regulation
175-476	General Revenues 1,051,512 (200,500) 851,012
175-477	Restricted Receipts 15,000 0 15,000
175-478	Total - Securities Regulation 1,066,512 (200,500) 866,012
175-479	Insurance Regulation
175-480	General Revenues 4,031,865 (120,283) 3,911,582
175-481	Federal Funds 148,312 (64,653) 83,659
175-482	Restricted Receipts 1,140,825 131,435 1,272,260
175-483	Total - Insurance Regulation 5,321,002 (53,501) 5,267,501
175-484	Office of the Health Commissioner
175-485	General Revenues 547,168 (41,731) 505,437
175-486	Federal Funds 6,654,961 74,988 6,729,949
175-487	Restricted Receipts 10,500 0 10,500
175-488	Total – Office of the Health Commissioner 7,212,629 33,257 7,245,886
175-489	Board of Accountancy
175-490	General Revenues 170,668 (29,996) 140,672
175-491	Total - Board of Accountancy 170,668 (29,996) 140,672
175-492	Commercial Licensing, Racing & Athletics
175-493	General Revenues 753,526 (219,777) 533,749
175-494	Restricted Receipts 476,122 8,269 484,391
175-495	Total - Commercial Licensing, Racing & Athletics 1,229,648 (211,508) 1,018,140
175-496	Board for Design Professionals
175-497	General Revenues 247,360 76,977 324,337
175-498	Total – Board for Design Professionals 247,360 76,977 324,337
175-499	Grand Total – General Revenue Funds 9,436,378 (603,496) 8,832,882
175-500	Grand Total - Business Regulation 18,007,098 (453,457) 17,553,641
175-501	Labor and Training
175-502	Central Management
175-503	General Revenues 113,640 8,687 122,327
175-504	Restricted Receipts 534,274 56,837 591,111
175-505	Other Funds
175-506	Rhode Island Capital Plan Funds
175-507	Center General Asset Protection 208,500 214,000 422,500
175-508	Center General Roof 770,000 0 770,000
175-509	Other Funds Total 978,500 214,000 1,192,500
176-510	Total - Central Management 1,626,414 279,524 1,905,938
176-511	Workforce Development Services
176-512	Federal Funds
176-513	Federal Funds 29,292,898 (844,013) 28,448,885
176-514	Federal Funds – Stimulus 0 12,450 12,450
176-515	Federal Funds Total 29,292,898 (831,563) 28,461,335
176-516	Restricted Receipts 6,694,730 (345,177) 6,349,553
176-517	Other Funds
176-518	Shared Youth Vision 45,900 (45,900) 0
176-519	Other Funds Total 45,900 (45,900) 0
176-520	Total - Workforce Development Services 36,033,528 (1,222,640) 34,810,888
176-521	Workforce Regulation and Safety
176-522	General Revenues 2,901,435 (20,355) 2,881,080
176-523	Total - Workforce Regulation and Safety 2,901,435 (20,355) 2,881,080
176-524	Income Support
176-525	General Revenues 4,163,873 81,629 4,245,502
176-526	Federal Funds
176-527	Federal Funds 19,194,869 4,881,227 24,076,096
176-528	Federal Funds – Stimulus - UI 51,275,635 109,038,044 160,413,679
176-529	Federal Funds Total 70,470,504 114,019,271 184,489,775
176-530	Restricted Receipts 1,320,268 26,010,425 27,330,693
176-531	Other Funds
176-532	Temporary Disability Insurance Fund 172,306,860 (701,778) 171,605,082
176-533	Employment Security Fund 273,892,146 140,219,154 414,111,300
176-534	Other Funds Total 446,199,006 139,517,376 585,716,382
176-535	Total - Income Support 522,153,651 253,945,401 801,782,352
176-536	Injured Workers Services
176-537	Restricted Receipts 8,555,089 609,433 9,164,522
176-538	Total - Injured Workers Services 8,555,089 609,433 9,164,522
176-539	Labor Relations Board
176-540	General Revenues 396,538 (12,907) 383,631
176-541	Total – Labor Relations Board 396,538 (12,907) 383,631
176-542	Grand Total – General Revenue Funds 7,575,486 57,054 7,632,540
176-543	Grand Total - Labor and Training 571,666,655 253,578,456 850,928,411
177-544	Department of Revenue
177-545	Director of Revenue
177-546	General Revenues 784,261 (6,995) 777,266
177-547	Total - Director of Revenue 784,261 (6,995) 777,266
177-548	Office of Revenue Analysis
177-549	General Revenues 435,910 (8,712) 427,198
177-550	Total - Office of Revenue Analysis 435,910 (8,712) 427,198
177-551	Lottery Division
177-552	Other Funds
177-553	Lottery Funds 218,537,728 9,301,684 227,839,412
177-554	Other Funds Total 218,537,728 9,301,684 227,839,412
177-555	Total - Lottery Division 218,537,728 9,301,684 227,839,412
177-556	Municipal Finance
177-557	General Revenues 1,902,940 682,426 2,585,366
177-558	Total – Municipal Finance 1,902,940 682,426 2,585,366
177-559	Taxation
177-560	General Revenues 17,323,623 (73,613) 17,250,010
177-561	Federal Funds 1,348,756 (12,653) 1,336,103
177-562	Restricted Receipts 888,899 (8,921) 879,978
177-563	Other Funds
177-564	Motor Fuel Tax Evasion 43,178 54 43,232
177-565	Temporary Disability Insurance 987,032 (14,088) 972,944
177-566	RICAP – Tax Data Warehouse 0 236,105 236,105
177-567	Other Funds Total 1,030,210 222,071 1,252,281
177-568	Total – Taxation 20,591,488 126,884 20,718,372
177-569	Registry of Motor Vehicles
177-570	General Revenues 17,574,304 765,453 18,339,757
177-571	Federal Funds 1,287,303 (459,659) 827,644
177-572	Restricted Receipts 15,100 347,992 363,092
177-573	Other Funds
177-574	Rhode Island Capital Plan Funds
177-575	Registry of Motor Vehicles – Forand 0 519,579 519,579
177-576	Other Funds Total 0 519,579 519,579
177-577	Total – Registry of Motor Vehicles 18,876,707 1,173,365 20,050,072
178-578	State Aid
178-579	General Revenue 54,589,867 2,516,218 57,106,085
178-580	Restricted Receipts
178-581	Car Rental Tax/Surcharge – Warwick Share 957,497 0 957,497
178-582	Restricted Receipts Total 957,497 0 957,497
178-583	Total – State Aid 55,547,364 2,516,218 58,063,582
178-584	Grand Total – General Revenue Funds 92,610,905 3,874,777 96,485,682
178-585	Grand Total – Revenue 316,676,398 13,784,870 330,461,268
178-586	Legislature
178-587	General Revenues 36,548,053 3,474,421 40,022,474
178-588	Restricted Receipts 1,649,199 (246) 1,648,953
178-589	Grand Total – Legislature 38,197,252 3,474,175 41,671,427
178-590	Lieutenant Governor
178-591	General Revenues 965,940 (14,831) 951,109
178-592	Federal Funds 124,232 384 124,616
178-593	Grand Total - Lieutenant Governor 1,090,172 (14,447) 1,075,725
178-594	Secretary of State
178-595	Administration
178-596	General Revenues 2,056,734 (100,877) 1,955,857
178-597	Total - Administration 2,056,734 (100,877) 1,955,857
178-598	Corporations
178-599	General Revenues 1,891,380 337,742 2,229,122
178-600	Total - Corporations 1,891,380 337,742 2,229,122
178-601	State Archives
178-602	General Revenues 79,385 0 79,385
178-603	Restricted Receipts 496,548 6,818 503,336
178-604	Total - State Archives 575,933 6,818 582,751
178-605	Elections & Civics
178-606	General Revenues 1,432,530 66,015 1,498,545
178-607	Federal Funds 0 55,438 55,438
178-608	Total – Elections and Civics 1,432,530 121,453 1,553,983
178-609	State Library
178-610	General Revenues 581,844 10,398 592,242
178-611	Total - State Library 581,844 10,398 592,242
179-612	Office of Public Information
179-613	General Revenues 334,439 5,312 339,751
179-614	Total – Office of Public Information 334,439 5,312 339,751
179-615	Grand Total – General Revenue Funds 6,376,312 318,590 6,694,902
179-616	Grand Total – Secretary of State 6,872,860 380,846 7,253,706
179-617	General Treasurer
179-618	Treasury
179-619	General Revenues 2,190,137 127,365 2,317,502
179-620	Federal Funds 279,741 23,249 302,990
179-621	Other Funds
179-622	Temporary Disability Insurance Fund 227,589 25,041 252,630
179-623	Other Funds Total 227,589 25,041 252,630
179-624	Total – Treasury 2,697,467 175,655 2,873,122
179-625	State Retirement System
179-626	Restricted Receipts
179-627	Admin Expenses - State Retirement System 11,062,057 (46,277) 11,015,780
179-628	Retirement - Treasury Investment Operations 1,060,744 136,735 1,197,479
179-629	Defined Contribution – Administration 0 446,626 446,626
179-630	Restricted Receipts Total 12,122,801 537,084 12,659,885
179-631	Total - State Retirement System 12,122,801 537,084 12,659,885
179-632	Unclaimed Property
179-633	Restricted Receipts 15,940,148 7,801,335 23,741,483
179-634	Total - Unclaimed Property 15,940,148 7,801,335 23,741,483
179-635	Crime Victim Compensation Program
179-636	General Revenues 110,715 45,871 156,586
179-637	Federal Funds 848,310 1,381 849,691
179-638	Restricted Receipts 1,481,135 (328,586) 1,152,549
179-639	Total - Crime Victim Compensation Program 2,440,160 (281,334) 2,158,826
179-640	Grand Total – General Revenue Funds 2,300,852 173,236 2,474,088
179-641	Grand Total – General Treasurer 33,200,576 8,232,740 41,433,316
179-642	Board of Elections
179-643	General Revenues 1,825,905 (57,644) 1,768,261
179-644	Federal Funds 50,000 0 50,000
179-645	Grand Total - Board of Elections 1,875,905 (57,644) 1,818,261
180-646	Rhode Island Ethics Commission
180-647	General Revenues 1,560,008 (37,062) 1,522,946
180-648	Grand Total - Rhode Island Ethics Commission 1,560,008 (37,062) 1,522,946
180-649	Office of Governor
180-650	General Revenues
180-651	General Revenues 4,088,521 59,361 4,147,882
180-652	Contingency Fund 250,000 0 250,000
180-653	General Revenue Total 4,338,521 59,361 4,397,882
180-654	Federal Funds
180-655	Federal Funds 0 109,768 109,768
180-656	Federal Funds – Stimulus 139,898 (139,898) 0
180-657	Federal Funds Total 139,898 (30,130) 109,768
180-658	Restricted Receipts - OERR 777,676 (63,410) 714,266
180-659	Grand Total – Office of Governor 5,256,095 (34,179) 5,221,916
180-660	Commission for Human Rights
180-661	General Revenues 1,154,038 (4,912) 1,149,126
180-662	Federal Funds 301,532 (24,463) 277,069
180-663	Grand Total - Commission for Human Rights 1,455,570 (29,375) 1,416,195
180-664	Public Utilities Commission
180-665	Federal Funds
180-666	Federal Funds 109,394 0 109,394
180-667	Federal Funds – Stimulus 199,979 12,114 212,093
180-668	Federal Funds Total 309,373 12,114 321,487
180-669	Restricted Receipts 7,795,633 0 7,795,633
180-670	Grand Total - Public Utilities Commission 8,105,006 12,114 8,117,120
180-671	Office of Health and Human Services
180-672	General Revenues 9,773,834 573,541 10,347,375
180-673	Federal Funds
180-674	Federal Funds 6,250,134 1,688,372 7,938,506
180-675	Federal Funds – Stimulus 0 104,000 104,000
180-676	Federal Funds Total 6,250,134 1,792,372 8,042,506
180-677	Restricted Receipts 904,712 (7,272) 897,440
180-678	Grand Total – Health and Human Services 16,928,680 2,358,641 19,287,321
180-679	Children, Youth, and Families
181-680	Central Management
181-681	General Revenues
181-682	Information Systems 1,033,309 164,929 1,198,238
181-683	Office of the Budget 341,958 368,377 710,335
181-684	Office of the Director 889,249 (80,988) 808,261
181-685	Support Services 2,430,044 (350,611) 2,079,433
181-686	General Revenue Total 4,694,560 101,707 4,796,267
181-687	Federal Funds
181-688	Information Systems 390,275 339,286 729,561
181-689	Office of Budget 427,922 (17,431) 410,491
181-690	Support Services 881,243 95,865 977,108
181-691	Federal Funds Total 1,699,440 417,720 2,117,160
181-692	Restricted Receipts 301,122 (15,929) 285,193
181-693	Total - Central Management 6,695,122 503,498 7,198,620
181-694	Children's Behavioral Health Services
181-695	General Revenues
181-696	Children’s Mental Health 10,088,177 (667,065) 9,421,112
181-697	Local Coordinating Council 730,119 254,599 984,718
181-698	General Revenue Total 10,818,296 (412,466) 10,405,830
181-699	Federal Funds
181-700	Educational Services 1,733,352 (132,974) 1,600,378
181-701	Children’s Mental Health 8,489,226 (1,142,250) 7,346,976
181-702	Federal Funds Total 10,222,578 (1,275,224) 8,947,354
181-703	Other Funds
181-704	Rhode Island Capital Plan Funds
181-705	NAFI Center 530,000 0 530,000
181-706	Mt. Hope Building Facade 275,000 (275,000) 0
181-707	Mt. Hope Fire Towers 0 275,000 275,000
181-708	Various Repairs and Improvements 900,000 0 900,000
181-709	Old Training School Close 0 75,000 75,000
181-710	Other Funds Total 1,705,000 75,000 1,780,000
181-711	Total - Children's Behavioral Health Services 22,745,874 (1,612,690) 21,133,184
181-712	Juvenile Correctional Services
181-713	General Revenues
182-714	Institutional Services 16,605,460 (202,147) 16,403,313
182-715	Juvenile Probation and Parole 10,132,890 (502,482) 9,630,408
182-716	RITS Education Program 3,746,798 811,074 4,557,872
182-717	General Revenue Total 30,485,148 106,445 30,591,593
182-718	Federal Funds
182-719	Institutional Services 64,000 (4,772) 59,228
182-720	Juvenile Probation and Parole 1,709,531 (502,273) 1,207,258
182-721	RITS Education Program 156,977 (52,319) 104,658
182-722	Federal Funds – Stimulus 386,667 137,869 524,536
182-723	Federal Funds Total 2,317,175 (421,495) 1,895,680
182-724	Other Funds
182-725	Rhode Island Capital Plan Funds
182-726	Vocational Building – RITS 0 79,900 79,900
182-727	Other Funds Total 0 79,900 79,900
182-728	Total - Juvenile Correctional Services 32,802,323 (235,150) 32,567,173
182-729	Child Welfare
182-730	General Revenues
182-731	18 to 21 Year Olds 12,358,817 (1,265,581) 11,093,236
182-732	Board and Care 45,396,579 8,850,102 54,246,681
182-733	Community Services 3,177,072 (2,252,728) 924,344
182-734	Family Services 16,904,520 (3,583,989) 13,320,531
182-735	Foster Care 11,092,453 2,146,482 13,238,935
182-736	Prevention Services 2,324 3,303 5,627
182-737	Protective Services 10,069,214 3,401,588 13,470,802
182-738	General Revenue Total 99,000,979 7,299,177 106,300,156
182-739	Federal Funds
182-740	18 to 21 Year Olds 2,501,548 127,908 2,629,456
182-741	Board and Care 23,612,189 109,437 23,721,626
182-742	Community Services 3,730,450 194,388 3,924,838
182-743	Foster Care 5,099,091 830,435 5,929,526
182-744	Prevention Services 1,404,420 (72,432) 1,331,988
182-745	Protective Services 9,039,102 515,583 9,554,685
182-746	Federal Funds Total 45,386,800 1,705,319 47,092,119
182-747	Restricted Receipts 3,088,174 (547,985) 2,540,189
183-748	Other Funds
183-749	Rhode Island Capital Plan Funds
183-750	Camp E-Hun-Tee 85,000 (85,000) 0
183-751	Fire Code Upgrades 1,000,000 0 1,000,000
183-752	Other Funds Total 1,085,000 (85,000) 1,000,000
183-753	Total - Child Welfare 148,560,953 8,371,511 156,932,464
183-754	Higher Education Incentive Grants
183-755	General Revenues 200,000 0 200,000
183-756	Total – Higher Education Incentive Grants 200,000 0 200,000
183-757	Grand Total – General Revenue Funds 145,198,983 7,094,863 152,293,846
183-758	Grand Total - Children, Youth, and Families 211,004,272 7,027,169 218,031,441
183-759	Health
183-760	Central Management
183-761	General Revenues 1,352,631 (156,072) 1,196,559
183-762	Federal Funds 10,192,986 (38,166) 10,154,820
183-763	Restricted Receipts 3,511,068 (460,164) 3,050,904
183-764	Total - Central Management 15,056,685 (654,402) 14,402,283
183-765	State Medical Examiner
183-766	General Revenues 2,012,467 380,801 2,393,268
183-767	Federal Funds 237,653 (38,281) 199,372
183-768	Total - State Medical Examiner 2,250,120 342,520 2,592,640
183-769	Environmental and Health Services Regulation
183-770	General Revenues 8,511,059 323,490 8,834,549
183-771	Federal Funds 5,379,236 301,246 5,680,482
183-772	Restricted Receipts 4,375,400 (224,015) 4,151,385
183-773	Total - Environmental & Health Svcs Regs 18,265,695 400,721 18,666,416
183-774	Health Laboratories
183-775	General Revenues 6,016,806 301,763 6,318,569
183-776	Federal Funds
183-777	Federal Funds 1,526,065 58,035 1,584,100
183-778	Federal Funds - Stimulus 257,946 154,842 412,788
183-779	Federal Funds Total 1,784,011 212,877 1,996,888
183-780	Total - Health Laboratories 7,800,817 514,640 8,315,457
183-781	Public Health Information
184-782	General Revenues 1,599,404 47,065 1,646,469
184-783	Federal Funds
184-784	Federal Funds 1,370,411 (524,650) 845,671
184-785	Federal Funds - Stimulus 541,916 15,110 557,026
184-786	Federal Funds Total 1,912,327 (509,540) 1,402,697
184-787	Total – Public Health Information 3,511,731 (462,475) 3,049,256
184-788	Community and Family Health and Equity
184-789	General Revenues 2,623,954 (143,753) 2,480,201
184-790	Federal Funds
184-791	Federal Funds 33,750,847 10,792,197 44,543,044
184-792	Federal Funds - Stimulus 2,878,814 3,328,001 6,206,815
184-793	Federal Funds Total 36,629,661 14,120,198 50,749,859
184-794	Restricted Receipts 18,871,386 1,515,363 20,386,749
184-795	Other Funds
184-796	Safe and Active Commuting 63,400 108,600 172,000
184-797	Other Funds Total 63,400 108,600 172,000
184-798	Total – Community and Family Hlth & Equity 58,188,401 15,600,408 73,788,809
184-799	Infectious Disease and Epidemiology
184-800	General Revenues 2,131,704 (378,794) 1,752,910
184-801	Federal Funds
184-802	Federal Funds 2,868,679 411,161 3,279,840
184-803	Federal Funds – Stimulus 119,986 (3,985) 116,001
184-804	Federal Funds Total 2,988,665 407,176 3,395,841
184-805	Total – Infectious Disease and Epidemiology 5,120,369 28,382 5,148,751
184-806	Grand Total – General Revenue 24,248,025 374,500 24,622,525
184-807	Grand Total – Health 110,193,818 15,769,794 125,963,612
184-808	Human Services
184-809	Central Management
184-810	General Revenues 5,683,745 (521) 5,683,224
184-811	Federal Funds 5,364,162 (64,483) 5,299,679
184-812	Restricted Receipts 499,999 21,064 521,063
184-813	Total - Central Management 11,547,906 (43,940) 11,503,966
184-814	Child Support Enforcement
184-815	General Revenues 2,214,781 18,475 2,233,256
185-816	Federal Funds 6,140,841 (145,922) 5,994,919
185-817	Total – Child Support Enforcement 8,355,622 (127,447) 8,228,175
185-818	Individual and Family Support
185-819	General Revenues 22,498,106 245,111 22,743,217
185-820	Federal Funds
185-821	Federal Funds 100,790,474 (2,594,054) 98,196,420
185-822	Federal Funds - Stimulus 0 2,587,257 2,587,257
185-823	Federal Funds Total 100,790,474 (6,797) 100,783,677
185-824	Restricted Receipts 180,000 0 180,000
185-825	Other Funds
185-826	Rhode Island Capital Plan Fund
185-827	Blind Vending Facilities 165,000 0 165,000
185-828	Intermodal Surface Transportation Fund 4,252,279 (28,095) 4,224,184
185-829	Other Funds Total 4,417,279 (28,095) 4,389,184
185-830	Total - Individual and Family Support 127,885,859 210,219 128,096,078
185-831	Veterans' Affairs
185-832	General Revenues 18,568,043 (239,718) 18,328,325
185-833	Federal Funds 8,005,072 (921,315) 7,083,757
185-834	Restricted Receipts 1,643,512 2,988,402 4,631,914
185-835	Total - Veterans' Affairs 28,216,627 1,827,369 30,043,996
185-836	Health Care Quality, Financing and Purchasing
185-837	General Revenues 18,551,887 103,931 18,655,818
185-838	Federal Funds
185-839	Federal Funds 40,761,367 21,213,505 61,974,872
185-840	Federal Funds – Stimulus 0 30,956 30,956
185-841	Total Federal Funds 40,761,367 21,244,461 62,005,828
185-842	Restricted Receipts 60,000 0 60,000
185-843	Total - Health Care Quality,
185-844	Financing & Purchasing 59,373,254 21,348,392 80,721,646
185-845	Medical Benefits
185-846	General Revenues
185-847	Managed Care 290,019,801 (8,566,816) 281,452,985
185-848	Hospitals 114,309,330 3,108,922 117,418,252
185-849	Nursing Facilities 162,645,787 623,963 163,269,750
186-850	Home and Community Based Services 32,834,071 3,404,970 36,239,041
186-851	Other 43,965,644 (706,935) 43,258,709
186-852	Pharmacy 51,048,438 (678,918) 50,369,520
186-853	Rhody Health 91,145,473 857,627 92,003,100
186-854	General Revenue Total 785,968,544 (1,957,187) 784,011,357
186-855	Federal Funds
186-856	Managed Care 330,298,050 (9,770,683) 320,527,367
186-857	Hospitals 126,062,520 (4,418,669) 121,643,851
186-858	Nursing Facilities 178,545,292 684,958 179,230,250
186-859	Home and Community Based Services 41,294,467 (1,133,508) 40,160,959
186-860	Other 62,922,375 (800,079) 62,122,296
186-861	Pharmacy 5,076,010 (2,145,530) 2,930,480
186-862	Rhody Health 100,055,369 941,531 100,996,900
186-863	Special Education 20,837,655 (2,487,655) 18,350,000
186-864	Federal Funds Total 865,091,738 (19,129,635) 845,962,103
186-865	Restricted Receipts 11,133,995 4,648 11,138,643
186-866	Total - Medical Benefits 1,662,194,277 (21,082,174) 1,641,112,103
186-867	Supplemental Security Income Program
186-868	General Revenues 18,000,600 777,000 18,777,600
186-869	Total – Supplemental Security Income Program 18,000,600 777,000 18,777,600
186-870	Rhode Island Works
186-871	General Revenues
186-872	Child Care 9,668,635 0 9,668,635
186-873	General Revenue Total 9,668,635 0 9,668,635
186-874	Federal Funds 76,471,915 1,754,347 78,226,262
186-875	Total – Rhode Island Works 86,140,550 1,754,347 87,894,897
186-876	State Funded Programs
186-877	General Revenues
186-878	General Public Assistance 2,491,925 423,744 2,915,669
186-879	Of this appropriation, $210,000 shall be used for hardship contingency payments.
186-880	General Revenue Total 2,491,925 423,744 2,915,669
186-881	Federal Funds 299,218,512 (388,159) 298,830,353
186-882	Total - State Funded Programs 301,710,437 35,585 301,746,022
186-883	Elderly Affairs
187-884	General Revenues
187-885	General Revenue 9,109,749 102,553 9,212,302
187-886	RIPAE 374,000 0 374,000
187-887	Care and Safety of the Elderly 1,287 0 1,287
187-888	General Revenue Total 9,485,036 102,553 9,587,589
187-889	Federal Funds 17,769,466 1,789,909 19,559,375
187-890	Restricted Receipts 572,091 0 572,091
187-891	Total – Elderly Affairs 27,826,593 1,892,462 29,719,055
187-892	Grand Total General Revenue 893,131,302 (526,612) 892,604,690
187-893	Grand Total - Human Services 2,331,251,725 6,591,813 2,337,843,538
187-894	Behavioral Health, Developmental Disabilities, and Hospitals
187-895	Central Management
187-896	General Revenues 829,195 (52,473) 776,722
187-897	Federal Funds 320,449 0 320,449
187-898	Total - Central Management 1,149,644 (52,473) 1,097,171
187-899	Hospital and Community System Support
187-900	General Revenues 2,435,629 (53,793) 2,381,836
187-901	Restricted Receipts 435,237 0 435,237
187-902	Other Funds
187-903	Rhode Island Capital Plan Funds
187-904	Medical Center Rehabilitation 750,000 1,216,466 1,966,466
187-905	Community Facilities Fire Code 750,000 515,388 1,265,388
187-906	Other Funds Total 1,500,000 1,731,854 3,231,854
187-907	Total - Hospital and Community System Support 4,370,866 1,678,061 6,048,927
187-908	Services for the Developmentally Disabled
187-909	General Revenues 97,336,360 1,165,602 98,501,962
187-910	Federal Funds 110,679,602 158,852 110,838,454
187-911	Restricted Receipts 2,006,522 (230,505) 1,776,017
187-912	Other Funds
187-913	Rhode Island Capital Plan Funds
187-914	DD Private Waiver 909,832 (47,495) 862,337
187-915	Regional Center Repair/Rehabilitation 750,000 45,932 795,932
187-916	MR Community Facilities/Access to Independence 1,000,000 0 1,000,000
187-917	Other Funds Total 2,659,832 (1,563) 2,658,269
188-918	Total - Services for the Developmentally Disabled 212,682,316 1,092,386 213,774,702
188-919	Behavioral Healthcare Services
188-920	General Revenues 36,009,986 (31,072) 35,978,914
188-921	Federal Funds
188-922	Federal Funds 71,467,483 (228,608) 71,238,875
188-923	Federal Funds – Stimulus 50,000 240,000 290,000
188-924	Total Federal Funds 71,517,483 11,392 71,528,875
188-925	Restricted Receipts 90,000 35,000 125,000
188-926	Other Funds
188-927	Rhode Island Capital Plan Funds
188-928	MH Community Facilities Repair 300,000 116,888 416,888
188-929	MH Housing Development-Thresholds 500,000 0 500,000
188-930	MH Residence Furniture 25,000 (3,169) 21,831
188-931	Substance Abuse Asset Production 300,000 0 300,000
188-932	Other Funds Total 1,125,000 113,719 1,238,719
188-933	Total – Behavioral Healthcare Services 108,742,469 129,039 108,871,508
188-934	Hospital and Community Rehabilitative Services
188-935	General Revenues 47,638,399 1,819,086 49,457,485
188-936	Federal Funds 42,972,413 3,339,246 46,311,659
188-937	Restricted Receipts 5,466,220 (684,027) 4,782,193
188-938	Other Funds
188-939	Rhode Island Capital Plan Funds
188-940	Zambarano Buildings and Utilities 500,000 (222,484) 277,516
188-941	Hospital Consolidation 16,000,000 (15,370,000) 630,000
188-942	Eleanor Slater HVAC/Elevators 0 500,000 500,000
188-943	MR Community Facilities 1,100,000 60,446 1,160,446
188-944	BHDDH Administrative Building 500,000 (500,000) 0
188-945	Other Funds Total 18,100,000 (15,532,038) 2,567,962
188-946	Total - Hospital and Community
188-947	Rehabilitative Services 114,177,032 (11,057,733) 103,119,299
188-948	Grand Total – General Revenue 184,249,569 2,847,350 187,096,919
188-949	Grand Total – Behavioral Health, Developmental
188-950	Disabilities, and Hospitals 441,122,327 (8,210,720) 432,911,607
188-951	Office of the Child Advocate
189-952	General Revenues 603,384 (74,550) 528,834
189-953	Federal Funds 49,048 986 50,034
189-954	Grand Total – Office of the Child Advocate 652,432 (73,564) 578,868
189-955	Commission on the Deaf and Hard of Hearing
189-956	General Revenues 387,985 (1,699) 386,286
189-957	Grand Total – Com on Deaf and Hard of Hearing 387,985 (1,699) 386,286
189-958	Governor's Commission on Disabilities
189-959	General Revenues 388,786 (857) 387,929
189-960	Federal Funds 181,842 (59,296) 122,546
189-961	Restricted Receipts 9,264 2,096 11,360
189-962	Other Funds
189-963	Rhode Island Capital Plan Funds
189-964	Facility Renovation – Handicapped 250,000 0 250,000
189-965	Other Funds Total 250,000 0 250,000
189-966	Grand Total - Governor's Commission on
189-967	Disabilities 829,892 (58,057) 771,835
189-968	Office of the Mental Health Advocate
189-969	General Revenues 468,718 (55,546) 413,172
189-970	Grand Total – Office of the Mental Health Advocate 468,718 (55,546) 413,172
189-971	Elementary and Secondary Education
189-972	Administration of the Comprehensive Education Strategy
189-973	General Revenues 17,184,938 (76,916) 17,108,022
189-974	Federal Funds
189-975	Federal Funds 191,187,703 (311,387) 190,876,316
189-976	Federal Funds – Stimulus 21,536,413 4,395,872 25,932,285
189-977	Education Jobs Fund 5,248,761 10,429,535 15,678,296
189-978	RTTT LEA Share 12,850,155 1,724,460 14,574,615
189-979	Federal Funds Total 230,823,032 16,238,480 247,061,512
189-980	Restricted Receipts
189-981	Restricted Receipts 1,111,416 9,093 1,120,509
189-982	HRIC Adult Education Grants 5,795,000 0 5,795,000
189-983	Restricted Receipts Total 6,906,416 9,093 6,915,509
189-984	Other Funds
189-985	Rhode Island Capital Plan Funds
190-986	Statewide Transportation – RIPTA Grant 0 47,000 47,000
190-987	Chariho Career and Technical 400,000 0 400,000
190-988	Cranston Career and Technical 890,000 0 890,000
190-989	Newport Career and Technical 800,000 142,962 942,962
190-990	Warwick Career and Technical 200,000 258,036 458,036
190-991	Woonsocket Career and Technical 475,788 0 475,788
190-992	East Providence Career and Technical 150,000 697,834 847,834
190-993	Other Funds Total 2,915,788 1,145,832 4,061,620
190-994	Total – Administration of the Comprehensive
190-995	Education Strategy 257,830,174 17,316,489 275,146,663
190-996	Davies Career and Technical School
190-997	General Revenues 13,416,256 0 13,416,256
190-998	Federal Funds
190-999	Federal Funds 1,439,216 (12,009) 1,427,207
190-1000	Federal Funds – Stimulus 1,003,933 57,124 1,061,057
190-1001	Federal Funds Total 2,443,149 45,115 2,488,264
190-1002	Restricted Receipts 685,495 280,000 965,495
190-1003	Other Funds
190-1004	Rhode Island Capital Plan Funds
190-1005	Davies Roof Repair 387,275 1,136,440 1,523,715
190-1006	Davies HVAC 414,628 3,597 418,225
190-1007	Davies Asset Protection 425,000 23,421 448,421
190-1008	Other Funds Total 1,226,903 1,163,458 2,390,361
190-1009	Total - Davies Career and Technical School 17,771,803 1,488,573 19,260,376
190-1010	RI School for the Deaf
190-1011	General Revenues 5,889,334 (21,456) 5,867,878
190-1012	Federal Funds
190-1013	Federal Funds 275,393 119,384 394,777
190-1014	Federal Funds – Stimulus 0 409,943 409,943
190-1015	Total Federal Funds 275,393 529,327 804,720
190-1016	Restricted Receipts 651,482 (140,886) 510,596
190-1017	Total - RI School for the Deaf 6,816,209 366,985 7,183,194
190-1018	Metropolitan Career and Technical School
190-1019	General Revenues 11,642,563 0 11,642,563
191-1020	Other Funds
191-1021	Rhode Island Capital Plan Funds
191-1022	MET School East Bay 2,000,000 507,278 2,507,278
191-1023	MET Entrepreneurial Center 0 425,927 425,927
191-1024	Other Funds Total 2,000,000 933,205 2,933,205
191-1025	Total – Metropolitan Career and Technical School 13,642,563 933,205 14,575,768
191-1026	Education Aid
191-1027	General Revenues 621,639,790 25,698 621,665,488
191-1028	Federal Funds – Stimulus 3,515,045 (1,051,117) 2,463,928
191-1029	Restricted Receipts 18,091,028 548,590 18,639,618
191-1030	Other Funds
191-1031	Permanent School Fund – Education Aid 0 183,624 183,624
191-1032	Total Other Funds 0 183,624 183,624
191-1033	Total – Education Aid 643,245,863 (293,205) 642,952,658
191-1034	Central Falls School District
191-1035	General Revenues 39,161,820 0 39,161,820
191-1036	Federal Funds – Stimulus 1,089,396 (1,089,396) 0
191-1037	Other Funds
191-1038	Permanent School Fund – Central Falls 183,624 (183,624) 0
191-1039	Other Funds Total 183,624 (183,624) 0
191-1040	Total – Central Falls School District 40,434,840 (1,273,020) 39,161,820
191-1041	Housing Aid
191-1042	General Revenues 72,507,180 (2,731,170) 69,776,010
191-1043	Total – Housing Aid 72,507,180 (2,731,170) 69,776,010
191-1044	Teachers' Retirement
191-1045	General Revenues 81,635,719 2,477,488 84,113,207
191-1046	Total – Teachers’ Retirement 81,635,719 2,477,488 84,113,207
191-1047	Grand Total – General Revenue 863,077,600 (326,356) 862,751,244
191-1048	Grand Total - Elementary and Secondary
191-1049	Education 1,133,884,351 18,285,345 1,152,169,696
191-1050	Public Higher Education
191-1051	Board of Governors/Office of Higher Education
191-1052	General Revenues 6,141,012 (7,774) 6,133,238
191-1053	Federal Funds 4,588,294 703,480 5,291,774
192-1054	Total - Board of Governors/Office of
192-1055	Higher Education 10,729,306 695,706 11,425,012
192-1056	University of Rhode Island
192-1057	General Revenue
192-1058	General Revenues 57,773,316 (134,880) 57,638,436
192-1059	State Crime Lab 775,000 71,885 846,885
192-1060	Debt Service 15,164,218 931,528 10,095,746
192-1061	General Revenue Total 73,712,534 868,533 74,581,067
192-1062	Federal Funds
192-1063	Federal Funds- Stimulus Byrne Grant Crime Lab 6,462 (6,462) 0
192-1064	Stabilization Funds – Fire Safety 0 18,250,503 18,250,503
192-1065	Federal Funds Total 6,462 18,244,041 18,250,503
192-1066	Other Funds
192-1067	University and College Funds 586,841,049 (7,340,285) 579,500,764
192-1068	Debt – Dining Services 1,144,008 0 1,144,008
192-1069	Debt – Education and General 3,292,622 (29,673) 3,262,949
192-1070	Debt – Health Services 150,299 0 150,299
192-1071	Debt – Housing Loan Funds 8,462,539 0 8,462,539
192-1072	Debt – Memorial Union 121,827 0 121,827
192-1073	Debt – Ryan Center 2,800,626 0 2,800,626
192-1074	Debt – Alton Jones Services 115,886 0 115,886
192-1075	Debt - Parking Authority 1,018,369 0 1,018,369
192-1076	Debt – Sponsored Research 102,388 0 102,388
192-1077	Debt – URI Energy Conservation 1,932,338 0 1,932,338
192-1078	Rhode Island Capital Plan Funds
192-1079	Asset Protection 7,042,364 0 7,042,364
192-1080	New Chemistry Building 1,000,000 377,872 1,377,872
192-1081	Nursing and Assoc. Health Building 0 18,967 18,967
192-1082	URI Biotechnology Center 4,500,000 279,834 4,779,834
192-1083	Fine Arts Center Renovation 400,000 0 400,000
192-1084	Other Funds Total 618,924,315 (6,693,285) 612,231,030
192-1085	Total – University of Rhode Island 692,636,849 12,419,289 705,062,600
192-1086	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
192-1087	unencumbered balances as of June 30, 2012 relating to the University of Rhode Island are hereby
192-1088	reappropriated to fiscal year 2013.
193-1	Rhode Island College
193-2	General Revenues
193-3	General Revenues 38,359,719 (120,112) 38,239,607
193-4	Debt Service 1,978,374 (1,437,055) 541,319
193-5	General Revenue Total 40,338,093 (1,557,167) 38,780,926
193-6	Federal Funds
193-7	Stabilization Funds – Fire Safety 0 6,966,499 6,966,499
193-8	Federal Funds Total 0 6,966,499 6,966,499
193-9	Other Funds
193-10	University and College Funds 107,550,237 3,354,270 110,904,507
193-11	Debt – Education and General 890,878 0 890,878
193-12	Debt – Housing 413,346 1,623,984 2,037,330
193-13	Debt – Student Center and Dining 172,960 0 172,960
193-14	Debt – Student Union 231,531 0 231,531
193-15	Debt – G.O. Debt Service 1,623,984 1,615,685 3,239,669
193-16	Rhode Island Capital Plan Funds
193-17	Asset Protection 3,011,160 1,553,374 4,564,534
193-18	New Art Center Advanced 1,300,000 363,978 1,663,978
193-19	Other Funds – Total 115,194,096 8,511,291 123,705,387
193-20	Total – Rhode Island College 155,532,189 13,920,623 169,452,812
193-21	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
193-22	unencumbered balances as of June 30, 2012 relating to Rhode Island College are hereby
193-23	reappropriated to fiscal year 2013.
193-24	Community College of Rhode Island
193-25	General Revenues
193-26	General Revenues 44,619,462 (136,805) 44,482,657
193-27	Debt Service 1,676,118 0 1,676,118
193-28	General Revenue Total 46,295,580 (136,805) 46,158,775
193-29	Federal Funds
193-30	Stabilization Funds – Fire Safety 0 4,993,701 4,993,701
193-31	Federal Funds Total 0 4,993,701 4,993,701
193-32	Restricted Receipts 941,338 (131,074) 810,264
193-33	Other Funds
194-34	University and College Funds 88,671,187 1,205,456 89,876,643
194-35	Debt – Bookstore 24,830 0 24,830
194-36	CCRI Debt Service – Energy Conservation 0 557,644 557,644
194-37	Rhode Island Capital Plan Funds
194-38	Asset Protection 2,007,101 55,039 2,062,140
194-39	Fire Code and HVAC 0 749,065 749,065
194-40	Other Funds Total 90,703,118 2,567,204 93,270,322
194-41	Total – Community College of RI 137,940,036 7,293,026 145,233,062
194-42	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
194-43	unencumbered balances as of June 30, 2012 relating to the Community College of Rhode Island
194-44	are hereby reappropriated to fiscal year 2013.
194-45	Grand Total – General Revenue 166,487,219 (833,213) 165,654,006
194-46	Grand Total – Public Higher Education 996,838,380 34,328,644 1,031,173,486
194-47	RI State Council on the Arts
194-48	General Revenues
194-49	Operating Support 716,635 (4,987) 711,648
194-50	Grants 962,227 0 962,227
194-51	General Revenue Total 1,678,862 (4,987) 1,673,875
194-52	Federal Funds 973,064 6,509 979,573
194-53	Other Funds
194-54	Arts for Public Facilities 435,000 783,000 1,218,000
194-55	Other Funds Total 435,000 783,000 1,218,000
194-56	Grand Total - RI State Council on the Arts 3,086,926 784,522 3,871,448
194-57	RI Atomic Energy Commission
194-58	General Revenues 879,592 (2,133) 877,459
194-59	Federal Funds 324,104 (140,352) 183,752
194-60	Other Funds
194-61	URI Sponsored Research 257,830 12,860 270,690
194-62	Rhode Island Capital Plan Funds
194-63	RINSC Asset Protection 50,000 12,486 62,486
194-64	Other Funds Total 307,830 25,346 333,176
194-65	Grand Total - RI Atomic Energy Commission 1,511,526 (117,139) 1,394,387
194-66	RI Higher Education Assistance Authority
194-67	General Revenues
195-68	Needs Based Grants and Work Opportunities 5,014,003 253,864 5,267,867
195-69	Authority Operations and Other Grants 899,101 (255,170) 643,931
195-70	General Revenue Total 5,913,104 (1,306) 5,911,798
195-71	Federal Funds 13,508,323 (473,604) 13,034,719
195-72	Other Funds
195-73	Tuition Savings Pgm. – Needs Based Grants 7,990,720 983,453 8,974,173
195-74	Other Funds Total 7,990,720 983,453 8,974,173
195-75	Grand Total – RI Higher Education Assistance
195-76	Authority 27,412,147 508,543 27,920,690
195-77	RI Historical Preservation and Heritage Commission
195-78	General Revenues 1,469,797 (131,942) 1,337,855
195-79	Federal Funds 846,195 39,852 886,047
195-80	Restricted Receipts 478,181 (20,610) 457,571
195-81	Other Funds 75,000 0 75,000
195-82	Grand Total – RI Historical Preservation
195-83	and Heritage Commission 2,869,173 (112,700) 2,756,473
195-84	RI Public Telecommunications Authority
195-85	General Revenues 947,960 (15,398) 932,562
195-86	Other Funds
195-87	Corporation for Public Broadcasting 683,212 (47,297) 635,915
195-88	Other Funds Total 683,212 (47,297) 635,915
195-89	Grand Total – RI Public Telecommunications
195-90	Authority 1,631,172 (62,695) 1,568,477
195-91	Attorney General
195-92	Criminal
195-93	General Revenues 13,739,364 161,062 13,900,426
195-94	Federal Funds
195-95	Federal Funds 2,870,904 (302,505) 2,568,399
195-96	Federal Funds – Stimulus 0 253,281 253,281
195-97	Federal Funds Total 2,870,904 (49,224) 2,821,680
195-98	Restricted Receipts 398,888 (20,305) 378,583
195-99	Total – Criminal 17,009,156 91,533 17,100,689
195-100	Civil
195-101	General Revenues 4,692,836 523,421 5,216,257
196-102	Restricted Receipts 723,347 252,294 975,641
196-103	Total – Civil 5,416,183 775,715 6,191,898
196-104	Bureau of Criminal Identification
196-105	General Revenues 1,101,532 76,472 1,178,004
196-106	Federal Funds 25,040 41,190 66,230
196-107	Total - Bureau of Criminal Identification 1,126,572 117,662 1,244,234
196-108	General
196-109	General Revenues 2,909,135 (149,005) 2,760,130
196-110	Other Funds
196-111	Rhode Island Capital Plan Funds
196-112	Building Renovations and Repairs 250,000 0 250,000
196-113	Other Funds Total 250,000 0 250,000
196-114	Total – General 3,159,135 (149,005) 3,010,130
196-115	Grand Total – General Revenue 22,442,867 611,950 23,054,817
196-116	Grand Total - Attorney General 26,711,046 835,905 27,546,951
196-117	Corrections
196-118	Central Management
196-119	General Revenues 8,596,603 418,653 9,015,256
196-120	Federal Funds
196-121	Federal Funds 0 27,368 27,368
196-122	Federal Funds – Stimulus 0 105,529 105,529
196-123	Federal Funds Total 0 132,897 132,897
196-124	Total – Central Management 8,596,603 551,550 9,148,153
196-125	Parole Board
196-126	General Revenues 1,365,771 (60,497) 1,305,274
196-127	Federal Funds 36,850 (791) 36,059
196-128	Total - Parole Board 1,402,621 (61,288) 1,341,333
196-129	Institutional Corrections
196-130	General Revenues 157,573,034 4,976,791 162,549,825
196-131	Federal Funds
196-132	Federal Funds 1,911,173 107,458 2,018,631
196-133	Federal Funds – Stimulus 408,000 38,310 446,310
196-134	Federal Funds Total 2,319,173 145,768 2,464,941
196-135	Restricted Receipts 0 28,894 28,894
197-136	Other Funds
197-137	Rhode Island Capital Plan Funds
197-138	Women's Bathroom Renovations 410,800 6,929 417,729
197-139	Asset Protection 4,250,000 770,906 5,020,906
197-140	Maximum – General Renovations 625,000 744,480 1,369,480
197-141	General Renovations - Women 1,774,517 (282,712) 1,491,805
197-142	Bernadette Guay Roof 0 214,335 214,335
197-143	Reintegration Center 0 533,027 533,027
197-144	ISC Exterior Envelope and HVAC 1,400,000 0 1,400,000
197-145	Minimum Security Kitchen Expansion 325,000 0 325,000
197-146	Medium Infrastructure 1,500,000 (500,000) 1,000,000
197-147	Other Funds Total 10,285,317 1,486,965 11,772,282
197-148	Total - Institutional Corrections 170,177,524 6,638,418 176,815,942
197-149	Community Corrections
197-150	General Revenues 14,605,957 (27,005) 14,578,952
197-151	Federal Funds 558,522 (1,433) 557,089
197-152	Restricted Receipts 34,371 762 35,133
197-153	Total – Community Corrections 15,198,850 (27,676) 15,171,174
197-154	Grand Total – General Revenue 182,141,365 5,307,942 187,449,307
197-155	Grand Total – Corrections 195,375,598 7,101,004 202,476,602
197-156	Judiciary
197-157	Supreme Court
197-158	General Revenues
197-159	General Revenues 26,325,441 115,129 26,440,570
197-160	Defense of Indigents 3,562,240 0 3,562,240
197-161	General Revenue Total 29,887,681 115,129 30,002,810
197-162	Federal Funds
197-163	Federal Funds 341,723 145,388 487,111
197-164	Federal Funds – Stimulus 0 16,639 16,639
197-165	Federal Funds Total 341,723 162,027 503,750
197-166	Restricted Receipts 1,359,947 106,001 1,465,948
197-167	Other Funds
197-168	Rhode Island Capital Plan Funds
197-169	Judicial HVAC 500,000 6,953 506,953
198-170	Judicial Complexes Asset Protection 600,000 14,130 614,130
198-171	Other Funds Total 1,100,000 21,083 1,121,083
198-172	Total - Supreme Court 32,689,351 404,240 33,093,591
198-173	Judicial Tenure and Discipline
198-174	General Revenues 111,282 2,087 113,369
198-175	Total – Judicial Tenure and Discipline 111,282 2,087 113,369
198-176	Superior Court
198-177	General Revenues 20,865,210 769,575 21,634,785
198-178	Federal Funds 72,985 27,037 100,022
198-179	Restricted Receipts 498,996 9,717 508,713
198-180	Total - Superior Court 21,437,191 806,329 22,243,520
198-181	Family Court
198-182	General Revenues 17,533,090 17,557 17,550,647
198-183	Federal Funds
198-184	Federal Funds 2,974,141 (628,641) 2,345,500
198-185	Federal Funds – Stimulus 57,611 (57,611) 0
198-186	Federal Funds Total 3,031,752 (686,252) 2,345,500
198-187	Restricted Receipts 252,350 432,823 685,173
198-188	Total - Family Court 20,817,192 (235,872) 20,581,320
198-189	District Court
198-190	General Revenues 10,924,545 390,339 11,314,884
198-191	Federal Funds 130,128 0 130,128
198-192	Restricted Receipts 332,092 (47,585) 284,507
198-193	Total - District Court 11,386,765 342,754 11,729,519
198-194	Traffic Tribunal
198-195	General Revenues 7,752,175 341,229 8,093,404
198-196	Total – Traffic Tribunal 7,752,175 341,229 8,093,404
198-197	Workers' Compensation Court
198-198	Restricted Receipts 7,754,978 (41,509) 7,713,469
198-199	Total – Workers’ Compensation Court 7,754,978 (41,509) 7,713,469
198-200	Grand Total – General Revenue 87,073,983 1,635,916 88,709,899
198-201	Grand Total – Judiciary 101,948,934 1,619,258 103,568,192
198-202	Military Staff
198-203	National Guard
199-204	General Revenues 1,446,301 38,829 1,485,130
199-205	Federal Funds 11,675,448 (34,065) 11,641,383
199-206	Restricted Receipts 235,000 65,000 300,000
199-207	Other Funds
199-208	Rhode Island Capital Plan Funds
199-209	Armory of Mounted Command Roof Replacement 750,000 193,482 943,482
199-210	State Armories Fire Code Compliance 170,000 0 170,000
199-211	Federal Armories Fire Code Compliance 53,750 0 53,750
199-212	Asset Protection 400,000 177,631 577,631
199-213	Logistics/Maintenance Facilities Fire Code Comp. 71,813 (21,813) 50,000
199-214	FMS #3 Roof 0 15,000 15,000
199-215	Command Readiness Center Addition 50,000 0 50,000
199-216	Emergency Management Building 125,000 0 125,000
199-217	Other Funds Total 1,620,563 364,300 1,984,863
199-218	Total - National Guard 14,977,312 434,064 15,411,376
199-219	Emergency Management
199-220	General Revenues 2,024,627 257,115 2,281,742
199-221	Federal Funds 17,742,990 13,446,668 31,189,658
199-222	Restricted Receipts 374,311 (203,578) 170,733
199-223	Total - Emergency Management 20,141,928 13,500,205 33,642,133
199-224	Grand Total – General Revenue 3,470,928 295,944 3,766,872
199-225	Grand Total - Military Staff 35,119,240 13,934,269 49,053,509
199-226	Public Safety
199-227	Central Management
199-228	General Revenues 780,113 283,723 1,063,836
199-229	Federal Funds
199-230	Federal Funds 4,122,042 (26,662) 4,095,380
199-231	Federal Funds – Stimulus 266,476 (1,798) 264,678
199-232	Federal Funds Total 4,388,518 (28,460) 4,360,058
199-233	Restricted Receipts 850 0 850
199-234	Total – Central Management 5,169,481 255,623 5,424,744
199-235	E-911 Emergency Telephone System
199-236	General Revenues 4,772,358 348,528 5,120,886
199-237	Federal Funds 0 150,000 150,000
200-238	Total – E-911 Emergency Telephone System 4,772,358 498,528 5,270,886
200-239	State Fire Marshal
200-240	General Revenues 2,568,574 74,640 2,643,214
200-241	Federal Funds 450,050 314,601 764,651
200-242	Restricted Receipts 280,899 (31,398) 249,501
200-243	Other Funds
200-244	Rhode Island Capital Plan Funds
200-245	Fire Academy 1,325,000 0 1,325,000
200-246	Quonset Development Corp 64,261 (12,004) 52,257
200-247	Other Funds – Total 1,389,261 (12,004) 1,377,257
200-248	Total - State Fire Marshal 4,688,784 345,839 5,034,623
200-249	Security Services
200-250	General Revenues 19,963,594 475,052 20,438,646
200-251	Total – Security Services 19,963,594 475,052 20,438,646
200-252	Municipal Police Training Academy
200-253	General Revenues 352,118 646 352,764
200-254	Federal Funds
200-255	Federal Funds 221,319 (17,068) 204,251
200-256	Federal Funds – Stimulus 86,061 2,190 88,251
200-257	Federal Funds Total 307,380 (14,878) 292,502
200-258	Total - Municipal Police Training Academy 659,498 (14,232) 645,266
200-259	State Police
200-260	General Revenues 60,970,954 2,469,527 63,440,481
200-261	Federal Funds
200-262	Federal Funds 2,356,399 986,381 3,342,780
200-263	Federal Funds – Stimulus 145,641 13,653 159,294
200-264	Federal Funds Total 2,502,040 1,000,034 3,502,074
200-265	Restricted Receipts 54,000 (4,000) 50,000
200-266	Other Funds
200-267	Rhode Island Capital Plan Funds
200-268	Barracks and Training 1,025,000 0 1,025,000
200-269	State Police - New Headquarters 0 51,787 51,787
200-270	Headquarters Repairs/Rehabilitation 200,000 0 200,000
200-271	State Microwave Upgrade 1,000,000 331,938 1,331,938
201-272	HQ Expansion 300,000 (100,000) 200,000
201-273	State Police Offsite Operations 0 131,974 131,974
201-274	Traffic Enforcement - Municipal Training 133,842 67,253 201,095
201-275	Lottery Commission Assistance 232,363 (228) 232,135
201-276	Airport Corporation 232,363 (228) 232,135
201-277	Road Construction Reimbursement 2,546,100 508,900 3,055,000
201-278	Other Funds Total 5,669,668 991,396 6,661,064
201-279	Total - State Police 69,196,662 4,456,957 73,653,619
201-280	Grand Total –General Revenue 89,407,711 3,652,116 93,059,827
201-281	Grand Total – Public Safety 104,450,377 6,017,407 110,467,784
201-282	Office of Public Defender
201-283	General Revenues 10,300,580 57,634 10,358,214
201-284	Federal Funds
201-285	Federal Funds 575,478 (87,807) 487,671
201-286	Federal Funds – Stimulus 883 (883) 0
201-287	Federal Funds Total 576,361 (88,690) 487,671
201-288	Grand Total - Office of Public Defender 10,876,941 (31,056) 10,845,885
201-289	Environmental Management
201-290	Office of the Director
201-291	General Revenues 4,775,428 (166,293) 4,609,135
201-292	Federal Funds 476,300 1,672,200 2,148,500
201-293	Restricted Receipts 2,833,219 165,866 2,999,085
201-294	Total – Office of the Director 8,084,947 1,671,773 9,756,720
201-295	Natural Resources
201-296	General Revenues 18,508,312 80,669 18,588,981
201-297	Federal Funds 24,455,444 1,026,353 25,481,797
201-298	Restricted Receipts 3,779,269 (342,234) 3,437,035
201-299	Other Funds
201-300	DOT Recreational Projects 80,672 (45,551) 35,121
201-301	Blackstone Bikepath Design 36,270 2,027,847 2,064,117
201-302	Transportation MOU 82,172 0 82,172
201-303	Rhode Island Capital Plan Funds
201-304	Dam Repair 850,000 0 850,000
201-305	Recreational Facilities Improvements 1,750,000 1,228,642 2,978,642
202-306	Fort Adams Rehabilitation 1,500,000 (1,021,176) 478,824
202-307	Fort Adams America’s Cup 0 1,250,000 1,250,000
202-308	Galilee Piers Upgrade 950,000 0 950,000
202-309	Newport Piers 250,000 0 250,000
202-310	Blackstone Valley Bike Path 500,000 246,000 746,000
202-311	Other Funds Total 5,999,114 4,085,762 10,084,876
202-312	Total - Natural Resources 52,742,139 4,850,550 57,592,689
202-313	Environmental Protection
202-314	General Revenues 12,099,861 188,488 12,288,349
202-315	Federal Funds
202-316	Federal Funds 12,576,798 418,069 12,994,867
202-317	Federal Funds – Stimulus 848,000 1,304,132 2,152,132
202-318	Federal Funds Total 13,424,798 1,722,201 15,146,999
202-319	Restricted Receipts 7,518,547 (199,840) 7,318,707
202-320	Other Funds
202-321	Transportation MOU 90,107 0 90,107
202-322	Retrofit Heavy-Duty Diesel Vehicles 3,560,000 (800,000) 2,760,000
202-323	Other Funds Total 3,650,107 (800,000) 2,850,107
202-324	Total - Environmental Protection 36,693,313 910,849 37,604,162
202-325	Grand Total – General Revenue 35,383,601 102,864 35,486,465
202-326	Grand Total - Environmental Management 97,520,399 7,433,172 104,953,571
202-327	Coastal Resources Management Council
202-328	General Revenues 2,236,814 2,333 2,239,147
202-329	Federal Funds
202-330	Federal Funds 1,837,361 563,872 2,401,233
202-331	Federal Funds – Stimulus 201,100 1,969,540 2,170,640
202-332	Federal Funds Total 2,038,461 2,533,412 4,571,873
202-333	Restricted Receipts 250,000 0 250,000
202-334	Other Funds
202-335	Rhode Island Capital Plan Funds
202-336	South Coast Restoration Project 729,100 0 729,100
202-337	Other Funds Total 729,100 0 729,100
202-338	Grand Total - Coastal Resources Mgmt. Council 5,254,375 2,535,745 7,790,120
202-339	Transportation
203-340	Central Management
203-341	Federal Funds 11,394,390 (1,878,912) 9,515,478
203-342	Other Funds
203-343	Gasoline Tax 1,108,923 172,775 1,281,698
203-344	Other Funds Total 1,108,923 172,775 1,281,698
203-345	Total - Central Management 12,503,313 (1,706,137) 10,797,176
203-346	Management and Budget
203-347	Other Funds
203-348	Gasoline Tax 1,176,686 334,293 1,510,979
203-349	Other Funds Total 1,176,686 334,293 1,510,979
203-350	Total - Management and Budget 1,176,686 334,293 1,510,979
203-351	Infrastructure Engineering- GARVEE/Motor Fuel Tax Bonds
203-352	Federal Funds 291,594,814 25,964,209 317,559,023
203-353	Federal Funds – Stimulus 7,006,375 4,376,302 11,382,677
203-354	Restricted Receipts 1,000,000 (1,109) 998,891
203-355	Other Funds
203-356	Gasoline Tax 52,273,807 1,725,883 53,999,690
203-357	Motor Fuel Tax Residuals 0 2,980,993 2,980,993
203-358	Land Sale Revenue 16,603,398 (14,608,249) 1,995,149
203-359	Rhode Island Capital Funds
203-360	RIPTA - Land and Buildings 70,000 0 70,000
203-361	Pawtucket-Central Falls Train Station 0 40,267 40,267
203-362	Other Funds Total 68,947,205 (9,861,106) 59,086,099
203-363	Total - Infrastructure Engineering – GARVEE 368,548,394 20,478,296 389,026,690
203-364	Infrastructure Maintenance
203-365	Other Funds
203-366	Gasoline Tax 41,451,540 (5,278,567) 36,172,973
203-367	Non-Land Surplus Property 10,000 0 10,000
203-368	Outdoor Advertising 100,000 0 100,000
203-369	Rhode Island Capital Plan Funds
203-370	Cherry Hill/Lincoln Facility 337,000 0 337,000
203-371	Maintenance Facility Improvements 300,000 632,112 932,112
203-372	East Providence Facility 0 23,103 23,103
203-373	Maintenance Facilities – Fire Alarms 125,000 75,000 200,000
204-374	Portsmouth Facility 1,435,000 (1,435,000) 0
204-375	Salt Storage Facilities 1,000,000 585,937 1,585,937
204-376	Elmwood Expansion 0 159,018 159,018
204-377	Other Funds Total 44,758,540 (5,238,397) 39,520,143
204-378	Total - Infrastructure Maintenance 44,758,540 (5,238,397) 39,520,143
204-379	Grand Total – Transportation 426,986,933 13,868,055 440,854,988
204-380	Statewide Totals
204-381	General Revenues 3,142,501,188 30,260,029 3,172,761,217
204-382	Federal Funds 2,606,487,980 259,460,369 2,865,948,349
204-383	Restricted Receipts 189,639,221 37,445,044 227,084,265
204-384	Other Funds 1,763,594,386 140,707,297 1,904,301,683
204-385	Statewide Grand Total 7,702,222,775 467,872,739 8,170,095,514
204-386	SECTION 2. Each line appearing in Section 1 of this article shall constitute an
204-387	appropriation.
204-388	SECTION 3. The general assembly authorizes the state controller to establish the internal
204-389	service accounts shown below, and no other, to finance and account for the operations of state
204-390	agencies that provide services to other agencies, institutions and other governmental units on a
204-391	cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
204-392	managed in a businesslike manner, promote efficient use of services by making agencies pay the
204-393	full costs associated with providing the services, and allocate the costs of central administrative
204-394	services across all fund types, so that federal and other non-general fund programs share in the
204-395	costs of general government support. The controller is authorized to reimburse these accounts for
204-396	the cost of work or services performed for any other department or agency subject to the
204-397	following expenditure limitations:
204-398	FY 2012 FY 2012 FY 2012
204-399	Account Enacted Change Final
204-400	State Assessed Fringe Benefit Internal Service Fund 31,054,962 328,517 31,383,479
204-401	Administration Central Utilities Internal Service Fund 20,244,491 (57,299) 20,187,192
204-402	State Central Mail Internal Service Fund 5,585,439 8,624 5,594,063
204-403	State Telecommunications Internal Service Fund 2,882,141 (11,785) 2,870,356
204-404	State Automotive Fleet Internal Service Fund 13,926,504 14,750 13,941,254
204-405	Capital Police Internal Service Fund 739,072 11,395 750,467
204-406	Surplus Property Internal Service Fund 2,500 0 2,500
204-407	Health Insurance Internal Service Fund 306,399,745 (44,646) 306,355,099
205-408	Corrections Gen Svcs & Warehouse Internal Svc Fund 6,804,849 629,840 7,434,689
205-409	Correctional Industries Internal Service Fund 7,285,903 (161,616) 7,124,287
205-410	Secretary of State Record Center Internal Service Fund 866,270 (13,903) 852,367
205-411	SECTION 4. Departments and agencies listed below may not exceed the number of full-
205-412	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
205-413	not include seasonal or intermittent positions whose scheduled period of employment does not
205-414	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
205-415	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
205-416	individuals engaged in training, the completion of which is a prerequisite of employment.
205-417	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
205-418	designee, and President of the Senate or designee may authorize an adjustment to any limitation.
205-419	Prior to the authorization, the State Budget Officer shall make a detailed written recommendation
205-420	to the Governor, the Speaker of the House, and the President of the Senate. A copy of the
205-421	recommendation and authorization to adjust shall be transmitted to the chairperson of the House
205-422	Finance Committee, the chairperson of the Senate Finance Committee, the House Fiscal Advisor
205-423	and the Senate Fiscal Advisor.
205-424	~~No agency or department may employ contracted employees or employee services where~~
205-425	~~the contracted employees would work under state employee supervisors without determination of~~
205-426	~~need by the Director of Administration acting upon positive recommendations of the Budget~~
205-427	~~Officer and the Personnel Administrator and 15 days after a public hearing.~~
205-428	~~Nor may any agency or department contract for services replacing work done by state~~
205-429	~~employees at that time without determination of need by the Director of Administration acting~~
205-430	~~upon the positive recommendations of the Budget Officer and the Personnel Administrator and 30~~
205-431	~~days after a public hearing.~~
205-432	State employees whose funding is from non-state general revenue funds that are time
205-433	limited shall receive limited term appointment with the term limited to the availability of non-
205-434	state general revenue funding source.
205-435	FY 2012 FTE POSITION AUTHORIZATION
205-436	Departments and Agencies Full-Time Equivalent
205-437	Administration ~~694.6~~ 694.2
205-438	Business Regulation 96.0
205-439	Labor and Training ~~470.2~~ 470.1
205-440	Revenue ~~434.5~~ 449.0
205-441	Legislature 298.5
206-442	Office of the Lieutenant Governor 8.0
206-443	Office of the Secretary of State 57.0
206-444	Office of the General Treasurer 82.0
206-445	Board of Elections ~~12.0~~ 11.0
206-446	Rhode Island Ethics Commission 12.0
206-447	Office of the Governor 45.0
206-448	Commission for Human Rights 14.5
206-449	Public Utilities Commission 46.0
206-450	Office of Health and Human Services ~~149.0~~ 158.0
206-451	Children, Youth, and Families 662.5
206-452	Health ~~426.3~~ 422.3
206-453	Human Services ~~984.2~~ 949.2
206-454	Behavioral Health, Developmental Disabilities, and Hospitals ~~1,378.2~~ 1,383.2
206-455	Office of the Child Advocate 5.8
206-456	Commission on the Deaf and Hard of Hearing 3.0
206-457	Governor's Commission on Disabilities 4.0
206-458	Office of the Mental Health Advocate 3.7
206-459	Elementary and Secondary Education ~~156.4~~ 169.4
206-460	School for the Deaf 60.0
206-461	Davies Career and Technical School ~~132.0~~ 126.0
206-462	Office of Higher Education ~~14.4~~ 14.8
206-463	Provided that 1.0 of the total authorization would be available only for positions that are
206-464	supported by third-party funds.
206-465	University of Rhode Island 2,436.5
206-466	Provided that 593.2 of the total authorization would be available only for positions that
206-467	are supported by third-party funds.
206-468	Rhode Island College 909.6
206-469	Provided that 82.0 of the total authorization would be available only for positions that are
206-470	supported by third-party funds.
206-471	Community College of Rhode Island 854.1
206-472	Provided that 100.0 of the total authorization would be available only for positions that
206-473	are supported by third-party funds.
206-474	Rhode Island State Council on the Arts 8.6
206-475	RI Atomic Energy Commission 8.6
207-476	Higher Education Assistance Authority 41.6
207-477	Historical Preservation and Heritage Commission 16.6
207-478	Public Telecommunications Authority 15.0
207-479	Office of the Attorney General ~~231.1~~ 233.1
207-480	Corrections 1,419.0
207-481	Judicial 723.3
207-482	Military Staff ~~117.0~~ 113.0
207-483	Public Safety ~~605.8~~ 606.2
207-484	Office of the Public Defender ~~93.0~~ 91.0
207-485	Environmental Management 410.0
207-486	Coastal Resources Management Council 30.0
207-487	Transportation 772.6
207-488	Total ~~14,942.2~~ 14,934.0
207-489	SECTION 5. This article shall take effect upon passage.
207-490	ARTICLE 11
207-491	RELATING TO STATE RETIREMENT CONTRIBUTIONS
207-492	SECTION 1. Section 36-10-2 of the General Laws in Chapter 36-10 entitled “Retirement
207-493	System-Contributions and Benefits” is hereby amended to read as follows:
207-494	36-10-2. State contributions. -- (a) The State of Rhode Island shall make its contribution
207-495	for the maintenance of the system, including the proper and timely payment of benefits in
207-496	accordance with the provisions of this chapter and chapters 8, 16, 28, 31 and 42 of this title, by
207-497	annually appropriating an amount equal to a percentage of the total compensation paid to the
207-498	active membership. The percentage shall be computed by the actuary employed by the retirement
207-499	system and shall be certified by the retirement board to the director of administration on or before
207-500	the fifteenth day of October in each year. In arriving at the yearly employer contribution the
207-501	actuary shall determine the value of:
207-502	(1) The contributions made by the members;
207-503	(2) Income on investments; and
207-504	(3) Other income of the system.
207-505	(b) The Actuary shall thereupon compute the yearly employer contribution that will:
207-506	(1) Pay the actuarial estimate of the normal cost for the next succeeding fiscal year;
207-507	(2) Amortize the unfunded liability of the system in accordance with section 36-10-
207-508	2.1(b).
207-509	(c) The State of Rhode Island shall remit to the general treasurer the employer's share of
207-510	the contribution for state employees, state police, and judges on a payroll frequency basis, and for
208-1	teachers in a manner pursuant to § 16-16-22.
208-2	(d) In accordance with the intent of § 36-8-20 that the retirement system satisfy the
208-3	requirements of § 401(a) of the Internal Revenue Code of 1986, the state shall pay to the
208-4	retirement system:
208-5	(i) By June 30, 1995, an amount equal to the sum of the benefits paid to state legislators
208-6	pursuant to § 36-10-10.1 in excess of ten thousand dollars ($10,000) per member (plus accrued
208-7	interest on such amount at eight percent (8%)) for all fiscal years beginning July 1, 1991, and
208-8	ending June 30, 1995, but this amount shall be paid only if § 36-10-10.1(e) becomes effective
208-9	January 1, 1995; and
208-10	(ii) By December 31, 1994, twenty million seven hundred eighty eight thousand eight
208-11	hundred twelve dollars and nineteen cents ($20,788,812.19) plus accrued interest on that amount
208-12	at eight percent (8%) compounded monthly beginning March 1, 1991, and ending on the date this
208-13	payment is completed (reduced by amortized amounts already repaid to the retirement system
208-14	with respect to the amounts withdrawn by the state during the fiscal year July 1, 1990 – June 30,
208-15	1991); and
208-16	(iii) By June 30, 1995, the sum of the amounts paid by the retirement system for retiree
208-17	health benefits described in § 36-12-4 for all fiscal years beginning July 1, 1989, and ending June
208-18	30, 1994, to the extent that the amounts were not paid from the restricted fund described in
208-19	subsection (c).
208-20	(2) Any and all amounts paid to the retirement system under this subsection shall not
208-21	increase the amount otherwise payable to the system by the state of Rhode Island under
208-22	subsection (a) for the applicable fiscal year. The actuary shall make such adjustments in the
208-23	amortization bases and other accounts of the retirement system as he or she deems appropriate to
208-24	carry out the provisions and intent of this subsection.
208-25	~~(e) In addition to the contributions provided for in subsection (a) through (c) and in order~~
208-26	~~to provide supplemental employer contributions to the retirement system, commencing in fiscal~~
208-27	~~year 2006, and each year thereafter:~~
208-28	~~(1) Except for fiscal year 2009, fiscal year 2010 and fiscal year 2011, for each fiscal year~~
208-29	~~in which the actuarially determined state contribution rate for state employees, including state~~
208-30	~~contributions under chapter 36-10.3, is lower than that for the prior fiscal year, the governor shall~~
208-31	~~include an appropriation to that system equivalent to twenty percent (20%) of the rate reduction~~
208-32	~~for the state's contribution rate for state employees to be applied to the actuarial accrued liability~~
208-33	~~of the state employees' retirement system for state employees for each fiscal year;~~
209-34	~~(2) Except for fiscal year 2009, fiscal year 2010 and fiscal year 2011, for each fiscal year~~
209-35	~~in which the actuarially determined state contribution rate for teachers, including state~~
209-36	~~contributions under chapter 36-10.3, is lower than that for the prior fiscal year, the governor shall~~
209-37	~~include an appropriation to that system equivalent to twenty percent (20%) of the rate reduction~~
209-38	~~for the state's share of the contribution rate for teachers to be applied to the actuarial accrued~~
209-39	~~liability of the state employees' retirement system for teachers for each fiscal year;~~
209-40	~~(3) The amounts to be appropriated shall be included in the annual appropriation bill and~~
209-41	~~shall be paid by the general treasurer into the retirement system.~~
209-42	~~(4)~~(e) Assessments pursuant to § 42-149-3.1 shall be included in the annual
209-43	appropriation bill and shall be paid by the general treasurer into the retirement system beginning
209-44	FY2013.
209-45	(f) While the retirement system's actuary shall not adjust the computation of the annual
209-46	required contribution for the year in which supplemental contributions are received, such
209-47	contributions once made may be treated as reducing the actuarial liability remaining for
209-48	amortization in the next following actuarial valuation to be performed.
209-49	SECTION 2. This article shall take effect upon passage.
209-50	ARTICLE 12
209-51	RELATING TO EDUCATION AID
209-52	SECTION 1. Section 16-2-9.4 of the General Laws in Chapter 16-2 entitled “School
209-53	Committees and Superintendents” is hereby amended to read as follows:
209-54	16-2-9.4. School district accounting compliance. -- (a) The office of auditor general
209-55	and the department of elementary and secondary education shall promulgate a uniform system of
209-56	accounting, including a chart of accounts based on the recommendations of the advisory council
209-57	on school finance, and require all accounts of the school districts, regional school districts, state
209-58	schools and charter schools to be kept in accordance therewith; provided, that in any case in
209-59	which the uniform system of accounting is not practicable, the office of auditor general in
209-60	conjunction with the department of elementary and secondary education shall determine the
209-61	manner in which the accounts shall be kept. The uniform system of accounting shall also include
209-62	a standardized budget process to ensure districts can annually assess investment priorities and
209-63	incorporate long range planning.
209-64	(b) For the purpose of securing a uniform system of accounting and a chart of accounts
209-65	the advisory council on school finances, as defined in § 16-2-9.2 may make such surveys of the
209-66	operation of any school districts, regional school district, state school or charter school as they
209-67	shall deem necessary.
210-68	(c) Upon completion of the implementation of the uniform chart of accounts, all school
210-69	districts, regional school districts, state schools and charter schools shall implement a Regents’
210-70	approved budget model and shall utilize best practices established by the department of education
210-71	for long range planning, budget development, and budget administration and reporting.
210-72	~~(c)~~(d) If any school district, regional school district, state school or charter school fails to
210-73	install and maintain the uniform system of accounting, including a chart of accounts and
210-74	approved budget model, or fails to keep its accounts and interdepartmental records, or refuses or
210-75	neglects to make the reports and to furnish the information in accordance with the method
210-76	prescribed by the office of auditor general and the department of education or hinders or prevents
210-77	the examination of accounts and financial records, the auditor general and the commissioner of
210-78	education may make a report to the board of regents for elementary and secondary education in
210-79	writing, specifying the nature and extent of the failure, refusal, neglect, hindrance, or prevention,
210-80	and the board of regents is hereby authorized and directed to review the matter so reported. If the
210-81	regents shall find that failure, refusal, neglect, hindrance, or prevention exists and that the school
210-82	district, regional school district, state school or charter school should properly comply in the
210-83	matter so reported, the regents shall direct the school district, regional school district, state school
210-84	or charter school, in writing, to so comply. If the failure, refusal, neglect, hindrance, or prevention
210-85	shall continue for a period of ten (10) days following the written direction, the regents may
210-86	withhold distribution of state aid to said school district, regional school district, state school or
210-87	charter school.
210-88	SECTION 2. Section 16-7-39 of the General Laws in Chapter 16-7 entitled “Foundation
210-89	Level School Support” is hereby amended to read as follows:
210-90	16-7-39. Computation of school housing aid ratio. -- For each community, the percent
210-91	of state aid for school housing costs shall be computed in the following manner:
210-92	(1) The adjusted equalized weighted assessed valuation for the district is divided by the
210-93	resident average daily membership for the district (grades twelve (12) and below); (2) the
210-94	adjusted equalized weighted assessed valuation for the state is divided by the resident average
210-95	daily membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the
210-96	resultant ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents
210-97	the approximate average district share of school support; the resulting product is then subtracted
210-98	from one hundred percent (100%) to yield the housing aid share ratio, provided that in no case
210-99	shall the ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and
210-100	annually at the start of each fiscal year thereafter, the thirty percent (30%) floor on said housing
210-101	aid share shall be increased by five percent (5%) increments each year until said floor on the
210-102	housing aid share ratio reaches a minimum of not less than forty percent (40%). This provision
211-1	shall apply only to school housing projects completed after June 30, 2010. For the fiscal year
211-2	beginning July 1, 2012 and for subsequent fiscal years, the minimum housing aid share shall be
211-3	frozen at thirty-five percent (35%). The resident average daily membership shall be determined
211-4	in accordance with § 16-7-22(1).
211-5	SECTION 3. Section 16-7.2-6 of the General Laws in Chapter 35-4 entitled “The
211-6	Education Equity and Property Tax Relief Act” is hereby amended to read as follows:
211-7	16-7.2-6. Categorical programs, state funded expenses. -- In addition to the foundation
211-8	education aid provided pursuant to § 16-7.2-3 the permanent foundation education aid program
211-9	shall provide direct state funding for:
211-10	(a) Excess costs associated with special education students. Excess costs are defined
211-11	when an individual special education student's cost shall be deemed to be "extraordinary."
211-12	Extraordinary costs are those educational costs that exceed the state approved threshold based on
211-13	an amount above five times the core foundation amount (total of core instruction amount plus
211-14	student success amount). The department of elementary and secondary education shall prorate the
211-15	funds available for distribution among those eligible school districts if the total approved costs for
211-16	which school districts are seeking reimbursement exceed the amount of funding appropriated in
211-17	any fiscal year;
211-18	(b) Career and technical education costs to help meet initial investment requirements
211-19	needed to transform existing or create new comprehensive career and technical education
211-20	programs and career pathways in critical and emerging industries and to help offset the higher
211-21	than average costs associated with facilities, equipment maintenance and repair, and supplies
211-22	necessary for maintaining the quality of highly specialized programs that are a priority for the
211-23	state. The department shall recommend criteria for the purpose of allocating any and all career
211-24	and technical education funds as may be determined by the general assembly on an annual basis.
211-25	The department of elementary and secondary education shall prorate the funds available for
211-26	distribution among those eligible school districts if the total approved costs for which school
211-27	districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
211-28	(c) Programs to increase access to voluntary, free, high-quality pre-kindergarten
211-29	programs. The department shall recommend criteria for the purpose of allocating any and all early
211-30	childhood program funds as may be determined by the general assembly;
211-31	(d) Central Falls Stabilization Fund is established to assure that appropriate funding is
211-32	available to support the community, including students from the community that attend the
211-33	charter schools, Davies, and the Met Center pursuant to § 16-7.2-5, due to concerns regarding the
211-34	city's capacity to meet the local share of education costs. This fund requires that the local share of
212-1	education aid calculated pursuant to section 16-7.2-3 and costs outside the permanent foundation
212-2	education aid formula, including but not limited to transportation, facility maintenance, and
212-3	retiree health benefits, for the Central Falls school district ~~that the difference between education~~
212-4	~~aid calculated pursuant to § 16-7.2-3 and education aid, as of the effective date of the formula,~~
212-5	shall be shared between the state and the city of Central Falls. The state's share of the fund will be
212-6	paid directly to the Central Falls school district upon verification that the city has transferred its
212-7	share of the local contribution for education. This fund shall be supported through a reallocation
212-8	of current state appropriations to the Central Falls school district and may not require additional
212-9	state funding. At the end of the transition period defined in § 16-7.2-7, the municipality will
212-10	continue its contribution pursuant to § 16-7-24; and
212-11	(e) Excess costs associated with transporting students to out of district non-public schools
212-12	and within regional school districts. (1) This fund will provide state funding for the costs
212-13	associated with transporting students to out of district non-public schools, pursuant to title 16,
212-14	Chapter 21.1. The state will assume the costs of non-public out-of-district transportation for those
212-15	districts participating in the statewide system; and (2) This fund will provide direct state funding
212-16	for the excess costs associated with transporting students within regional school districts,
212-17	established pursuant to title 16, chapter 3. This fund requires that the state and regional school
212-18	district share equally the student transportation costs net any federal sources of revenue for these
212-19	expenditures. The department of elementary and secondary education shall prorate the funds
212-20	available for distribution among those eligible school districts if the total approved costs for
212-21	which school districts are seeking reimbursement exceed the amount of funding available in any
212-22	fiscal year.
212-23	(f) Public school districts that are regionalized shall be eligible for a regionalization
212-24	bonus as set forth below.
212-25	(1) As used herein, the term "regionalized" shall be deemed to refer to a regional school
212-26	district established under the provisions of chapter 16-3 including the Chariho Regional School
212-27	district.
212-28	(2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus
212-29	shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the
212-30	regionalization bonus shall commence in the first fiscal year following the establishment of a
212-31	regionalized school district as set forth section 16-3, including the Chariho Regional School
212-32	District.
212-33	(3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the
212-34	state's share of the foundation education aid for the regionalized district as calculated pursuant to
213-1	§§ 16-7.2-3 and 16-7.2-4 in that fiscal year.
213-2	(4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the
213-3	state's share of the foundation education aid for the regionalized district as calculated pursuant to
213-4	§§ 16-7.2-3 and 16-7.2-4 in that fiscal year.
213-5	(5) The regionalization bonus shall cease in the third fiscal year.
213-6	(6) The regionalization bonus for the Chariho regional school district shall be applied to
213-7	the state share of the permanent foundation education aid for the member towns.
213-8	(7) The department of elementary and secondary education shall prorate the funds
213-9	available for distribution among those eligible regionalized school districts if the total approve
213-10	costs for which regionalized school districts are seeking a regionalization bonus exceed the
213-11	amount of funding appropriated in any fiscal year.
213-12	(g) Categorical programs defined in (a) through (f) shall be funded pursuant to the
213-13	transition plan in § 16-7.2-7.
213-14	SECTION 4. Sections 16-8-10.1 and 16-8-15 of the General Laws in Chapter 16-8
213-15	entitled “Federal Aid” are hereby amended to read as follows:
213-16	16-8-10.1. Mandatory school breakfast programs. -- (a) All public schools shall make
213-17	a breakfast program available to students attending the school. The breakfast meal shall meet any
213-18	rules and regulations that are adopted by the commissioner.
213-19	(b) The state of Rhode Island ~~shall~~ may provide school districts a per breakfast subsidy
213-20	for each breakfast served to students. The general assembly ~~shall~~ may choose to annually
213-21	appropriate some sum and distribute it based on each district's proportion of the number of
213-22	breakfasts served in the prior school year relative to the statewide total in the same year. This
213-23	subsidy, if appropriated, shall augment the nonprofit school food service account and be used for
213-24	expenses incurred in providing nutritious breakfast meals to students.
213-25	16-8-15. Education Jobs Fund.-- (a) For FY 2012 only, state general revenue
213-26	appropriations to all local education agencies – including school districts, charter schools, and
213-27	state schools – shall be reduced by the amount allocated to each local education agency in
213-28	October 2011 under the original terms of the federal Education Jobs Fund program.
213-29	(b) For FY 2013 only, state general revenue appropriations to all local education agencies
213-30	shall be reduced by the amount of any supplemental awards made under the federal Education
213-31	Jobs Fund program.
213-32	SECTION 5. Section 16-23-3.1 of the General Laws in Chapter 16-23 entitled
213-33	“Textbooks” is hereby repealed.
214-34	~~§ 16-23-3.1 Reimbursements to municipalities for costs of English/language arts and~~
214-35	~~history/social studies textbooks for students in grades K-12.~~ ~~There is hereby established a~~
214-36	~~textbook reimbursement fund for which the general assembly shall make a specific~~
214-37	~~appropriation. The department of elementary and secondary education shall administer the~~
214-38	~~appropriation. School districts shall submit to the department of elementary and secondary~~
214-39	~~education evidence of the cost of English/language arts and/or history/social studies~~
214-40	~~textbooks that the district has provided to students in grades K-12 pursuant to § 16-23-2.~~
214-41	~~The costs shall be reimbursed from the textbook reimbursement fund by the department of~~
214-42	~~elementary and secondary education upon presentation by a school district of the evidence~~
214-43	~~of cost.~~
214-44	SECTION 6. Chapter 16-25 of the General Laws entitled “Education of Children Who
214-45	are Deaf or Blind” is hereby repealed in its entirety.
214-46	~~§ 16-25-1. Appointment of state beneficiaries at special institutions.~~ ~~– The governor, on~~
214-47	~~recommendation of the department of elementary and secondary education and upon~~
214-48	~~application of the parent or guardian, may appoint any child who is deaf, blind, or visually~~
214-49	~~impaired being a legal resident of this state, who shall appear to the department to be a fit~~
214-50	~~subject for education, as a state beneficiary at any suitable institution or school now~~
214-51	~~established or that may be established either within or without the state, for the period that~~
214-52	~~he or she may determine, within the limit of ten (10) years; provided, that he or she may,~~
214-53	~~upon the special recommendation of the department, extend the period and that he or she~~
214-54	~~shall have the power to revoke any appointment at any time for cause.~~
214-55	~~§ 16-25-2. Supervision of beneficiaries – Reports to general assembly.~~ ~~–The department~~
214-56	~~of elementary and secondary education is invested with the duty and responsibility of~~
214-57	~~supervising the education of all those beneficiaries, and no child appointed as provided in §~~
214-58	~~16-25-1 shall be withdrawn from any institution or school except with its consent, or the~~
214-59	~~consent of the governor; and the department shall annually report its doings under this~~
214-60	~~chapter to the general assembly, with any further information in relation to the several~~
214-61	~~institutions at which these beneficiaries have been placed that may be deemed desirable.~~
214-62	~~§ 16-25-4. Care and instruction of children who are blind or visually impaired under~~
214-63	~~school age.~~ ~~–The department of elementary and secondary education shall have power to~~
214-64	~~provide for the suitable care, maintenance, and instruction of babies and children under~~
214-65	~~school age residing in this state who may be born blind or become blind or visually~~
214-66	~~impaired, in any case where by reason of lack of means or other cause the parent or parents~~
214-67	~~of the children may be unable to properly care for, maintain, and educate the children.~~
215-68	~~§ 16-25-5. Contracts for care of children who are blind or visually impaired.~~ ~~For the~~
215-69	~~purpose of providing care, maintenance, and education of children who are blind or visually~~
215-70	~~impaired, the department of elementary and secondary education shall have power to~~
215-71	~~contract with any institution having or furnishing special education and related services in~~
215-72	~~this or any other state at a contract price within the amount appropriated.~~
215-73	~~§ 16-25-6. Payment of expenses of chapter.~~ ~~Each community, as defined in chapter 7~~
215-74	~~of this title, shall contribute to the department of elementary and secondary education in~~
215-75	~~accordance with regulations to be prescribed by the department.~~
215-76	SECTION 7. Section 16-77.1-5 of the General Laws in Chapter 16-77.1 entitled
215-77	“Funding of Charter Public Schools” is hereby amended to read as follows:
215-78	16-77.1-5. Facilities support for charter public schools.-- A charter public school
215-79	~~district or districts~~ may access state aid for reimbursement of school housing costs ~~for district~~
215-80	~~sponsored charter public schools~~ pursuant to §§ 16-7-35 through 16-7-47~~. Public charter schools~~
215-81	~~not sponsored by a public school district or districts may apply for thirty percent (30%)~~
215-82	~~reimbursement of school housing cost on the basis of demonstrated need. The Rhode Island~~
215-83	~~department of elementary and secondary education shall promulgate regulations to implement~~
215-84	~~this section consistent with the purposes and procedures of the existing school housing aid~~
215-85	~~program pursuant to §§ 16-7-35 through 16-7-47.~~ Effective July 1, 2012, the state share of
215-86	school housing costs for public charter schools shall be calculated annually by using a three year
215-87	weighted average of the state share percentages calculated pursuant to section 16-7-39 for the
215-88	communities sending students to the charter school on the basis of the reference year as defined in
215-89	subsection 16-7-36(4). This provision shall apply only to school housing projects completed after
215-90	June 30, 2012. For purposes of this section only, "facilities support, the urban collaborative
215-91	accelerated program" will be defined as a charter school.
215-92	SECTION 8. Section 39-1-61 of the General Laws in Chapter 39-1 entitled “Public
215-93	Utilities Commission” is hereby amended to read as follows:
215-94	39-1-61. Rhode Island telecommunications education access fund. -- (a) Preamble.
215-95	For the past ten (10) years, the schools and libraries of Rhode Island have benefited from a
215-96	regulatory agreement with Verizon and its predecessor companies that has provided up to two
215-97	million dollars ($2,000,000) annually for support of telecommunications lines for internet access.
215-98	In addition, the funds provided for in the original regulatory agreement and every dollar
215-99	generated hereunder leverages a ~~one dollar and twenty-seven cents ($1.27)~~ two dollars ($2.00)
215-100	federal E-Rate match. With the regulatory agreement approaching its termination and the advent
215-101	of more advanced technologies, it is the intent of this section to provide a continued source of
215-102	funding for internet access for eligible public and private schools and libraries.
216-1	(b) Definitions. As used in this section, the following terms have the following meanings:
216-2	(1) "Department" means the Rhode Island Department of Elementary and Secondary
216-3	education.
216-4	(2) "Division" means the Division of Public Utilities and Carriers.
216-5	(3) "Telecommunications education access fund" means the programs and funding made
216-6	available to qualified libraries and schools to assist in paying the costs of acquiring, installing and
216-7	using telecommunications technologies to access the internet.
216-8	(c) Purpose. The purpose of the telecommunications education access fund shall be to
216-9	fund a basic level of internet connectivity for all of the qualified schools (kindergarten through
216-10	grade 12) and libraries in the state.
216-11	(d) Authority. The division shall establish, by rule or regulation, an appropriate funding
216-12	mechanism to recover from the general body of ratepayers the costs of providing
216-13	telecommunications technology to access the internet.
216-14	(1) The general assembly shall determine the amount of a monthly surcharge to be levied
216-15	upon each residence and business telephone access line or trunk in the state, including PBX
216-16	trunks and centrex equivalent trunks and each service line or trunk, and upon each user interface
216-17	number or extension number or similarly identifiable line, trunk, or path to or from a digital
216-18	network and upon each wireless instrument or device, including cellular, telephony, internet,
216-19	voice over internet protocol (VoIP), satellite, computer, radio, communication, data, or any other
216-20	wireless instrument. The department will provide the general assembly with information and
216-21	recommendations regarding the necessary level of funding to effectuate the purposes of this
216-22	article. The surcharge shall be billed by each telecommunications services provider and shall be
216-23	payable to the telecommunications services provider by the subscriber of the telecommunications
216-24	services. State, local and quasi-governmental agencies shall be exempt from the surcharge. The
216-25	surcharge shall be deposited in a restricted receipt account, hereby created within the department
216-26	of elementary and secondary education and known as the telecommunications education access
216-27	fund, to pay any and all costs associated with subsection (b)(3). The amount of the surcharge shall
216-28	not exceed thirty-five cents ($.35) per access line or trunk.
216-29	(2) The monthly surcharge is hereby determined to be ~~twenty-six cents ($.26)~~ fifteen
216-30	cents ($.15) per access line or trunk as specified in (d)(1) above.
216-31	(3) The amount of the surcharge shall not be subject to the sales and use tax imposed
216-32	under chapter 18 of title 44 nor be included within the gross earnings of the telecommunications
216-33	corporation providing telecommunications service for the purpose of computing the tax under
216-34	chapter 13 of title 44.
217-1	(e) Administration. The division, with input from the department, shall administer the
217-2	telecommunications education access fund consistent with the requirements of the Universal
217-3	Service (E-Rate) program. The division of taxation shall collect from the telecommunications
217-4	service providers the amounts of the surcharge collected from their subscribers. The department,
217-5	with the approval of the division, shall publish requests for proposals that do not favor any
217-6	particular technology, evaluate competitive bids, and select products and services that best serve
217-7	the internet access needs of schools and libraries. In doing so, the department shall endeavor to
217-8	obtain all available E-Rate matching funds. The department is further authorized and encouraged
217-9	to seek matching funds from all local, state, and federal public or private entities. The department
217-10	shall approve dispersement [disbursement] of funds under this section in accordance with the
217-11	division's directives. Unsuccessful bids may be appealed to the division. The division shall
217-12	annually review the department's disbursements from this account to ensure that the department's
217-13	decisions do not favor any competitor.
217-14	(f) Eligibility. All schools seeking support from the fund must be eligible for Universal
217-15	Service (E-Rate) support and meet the definition of "elementary school" or "secondary school" in
217-16	the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. § 8801). Schools
217-17	operating as a for-profit business or with endowments exceeding fifty million dollars
217-18	($50,000,000) are not eligible for support. All libraries seeking support from the fund must meet
217-19	the definition of "library" or "library consortium" in the Library Services and Technology Act,
217-20	P.L. 104-208, § 211 et seq., 110 Stat. 3009 (1996) and must be eligible for assistance from a state
217-21	library administrative agency under that act. Only libraries that have budgets that are completely
217-22	separate from any schools (including, but not limited to, elementary and secondary, colleges and
217-23	universities) shall be eligible to receive support. Libraries operating as a for-profit business shall
217-24	not be eligible for support.
217-25	(g) Effective date. The effective date of assessment for the telecommunications education
217-26	access fund shall be January 1, 2004.
217-27	SECTION 9. This article shall take effect as of July 1, 2012.
217-28	ARTICLE 13
217-29	RELATING TO PUBLIC OFFICERS AND EMPLOYEES
217-30	SECTION 1. Section 36-4-16 of the General Laws in Chapter 36-4 entitled “Merit
217-31	System” is hereby amended to read as follows:
217-32	36-4-16.4. Salaries of directors. -- (a) The department of administration is authorized to
217-33	adjust the salaries of directors of state executive departments, in an amount comparable to
217-34	monetary adjustments for cost of living provided to classified state employees as a result of the
218-1	most recent collective bargaining agreement. Such adjustments shall not be subject to the
218-2	provisions of (b) through (e) below.
218-3	(b) In the month of March of each year, the department of administration ~~shall~~ may
218-4	conduct a public hearing to determine salaries to be paid to directors of all state executive
218-5	departments for the following year, at which hearing all persons shall have the opportunity to
218-6	provide testimony, orally and in writing. In determining these salaries, the department of
218-7	administration will take into consideration the duties and responsibilities of the aforenamed
218-8	officers, as well as such related factors as salaries paid executive positions in other states and
218-9	levels of government, and in comparable positions anywhere which require similar skills,
218-10	experience, or training. Consideration shall also be given to the amounts of salary adjustments
218-11	made for other state employees during the period that pay for directors was set last.
218-12	~~(b)~~(c) Each salary determined by the department of administration will be in a flat
218-13	amount, exclusive of such other monetary provisions as longevity, educational incentive awards,
218-14	or other fringe additives accorded other state employees under provisions of law, and for which
218-15	directors are eligible and entitled.
218-16	~~(c)~~(d) In no event will the department of administration lower the salaries of existing
218-17	directors during their term of office.
218-18	~~(d)~~(e) Upon determination by the department of administration, the proposed salaries of
218-19	directors will be referred to the general assembly by the last day in April of that year to go into
218-20	effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting
218-21	concurrently within that time.
218-22	SECTION 2. This article shall take effect upon passage.
218-23	ARTICLE 14
218-24	RELATING TO RESTRICTED RECEIPT ACCOUNTS
218-25	SECTION 1. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State
218-26	Funds” is hereby amended to read as follows:
218-27	35-4-27. Indirect cost recoveries on restricted receipt accounts. -- Indirect cost
218-28	recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt
218-29	accounts, to be recorded as general revenues in the general fund. However, there shall be no
218-30	transfer from cash receipts with restrictions received exclusively: (1) from contributions from
218-31	non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on
218-32	federal grant funds; or (3) through transfers from state agencies to the department of
218-33	administration for the payment of debt service. These indirect cost recoveries shall be applied to
218-34	all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The
219-1	following restricted receipt accounts shall not be subject to the provisions of this section:
219-2	Department of Human Services
219-3	Veterans' home – Restricted account
219-4	Veterans' home – Resident benefits
219-5	Organ transplant fund
219-6	Veteran's Cemetery Memorial Fund
219-7	Department of Health
219-8	Pandemic medications and equipment account
219-9	Department of Mental Health, Retardation and Hospitals
219-10	Eleanor Slater non-Medicaid third-party payor account
219-11	Hospital Medicare Part D Receipts
219-12	RICLAS Group Home Operations
219-13	Vigneron Memorial Fund Grant
219-14	Department of Environmental Management
219-15	National heritage revolving fund
219-16	Environmental response fund II
219-17	Underground storage tanks registration fees
219-18	Rhode Island Council on the Arts
219-19	Art for public facilities fund
219-20	Rhode Island Foundation Grant
219-21	Rhode Island Historical Preservation and Heritage Commission
219-22	Historic preservation revolving loan fund
219-23	Historic Preservation loan fund – Interest revenue
219-24	Department of Public Safety
219-25	Forfeited property – Retained
219-26	Forfeitures – Federal
219-27	Forfeited property – Gambling
219-28	Donation – Polygraph and Law Enforcement Training
219-29	Rhode Island State Firefighter’s League Training Account
219-30	Fire Academy Training Fees Account
219-31	Municipal Police Training Academy Fees Account
219-32	Attorney General
219-33	Forfeiture of property
220-34	Federal forfeitures
220-35	Attorney General multi-state account
220-36	Department of Administration
220-37	Office of Management and Budget
220-38	Information Technology Investment Fund
220-39	Restore and replacement – Insurance coverage
220-40	Convention Center Authority rental payments
220-41	Investment Receipts – TANS
220-42	Car Rental Tax/Surcharge-Warwick Share
220-43	OPEB System Restricted Receipt Account
220-44	ARRA Administrative Expenses – Bureau of Audits
220-45	ARRA Administrative Expenses – Purchasing
220-46	Legislature
220-47	Audit of federal assisted programs
220-48	Department of Elderly Affairs
220-49	Pharmaceutical Rebates Account
220-50	Department of Children Youth and Families
220-51	Children's Trust Accounts – SSI
220-52	Military Staff
220-53	RI Military Family Relief Fund
220-54	RI National Guard Counterdrug Program
220-55	Treasury
220-56	Admin. Expenses – State Retirement System
220-57	Retirement – Treasury Investment Options
220-58	Defined Contribution Plan-Administration
220-59	Business Regulation
220-60	Banking Division Reimbursement Account
220-61	Office of the Health Insurance Commissioner Reimbursement Account
220-62	Securities Division Reimbursement Account
220-63	Commercial Licensing and Racing and Athletics Division Reimbursement Account
220-64	Insurance Division Reimbursement Account
220-65	Historic Preservation Tax Credit Account.
220-66	Judiciary
220-67	Arbitration Fund Restricted Receipt Account
221-68	Department of Elementary and Secondary Education
221-69	Statewide Student Transportation Services Account
221-70	School for the Deaf Fee for Service Account
221-71	Davies Career and Technical School Local Education Aid Account
221-72	Early Childhood Grant Program Account
221-73	Office of the Governor
221-74	ARRA Administrative Expenses – Office of Economic Recovery and ReInvestment
221-75	Department of Labor and Training
221-76	Job Development Fund – Title XII loans principal and interest
221-77	SECTION 2. Chapter 16-48 of the General Laws entitled “Education Services to Very
221-78	Young Children” is hereby amended by adding thereto the following section:
221-79	16-48-9. Non-governmental funding for early childhood education. -- There is hereby
221-80	established in the department of elementary and secondary education early childhood education
221-81	program a restricted receipt account referred to as “Early Childhood Grant Program Account.”
221-82	The department of elementary and secondary education shall deposit into this account any funds
221-83	received from non-governmental sources for the purpose of funding early childhood education
221-84	programs. All such sums deposited shall be exempt from the indirect cost recovery provisions of
221-85	section 35-4-27.
221-86	SECTION 3. Chapter 36-8 of the General Laws entitled “Retirement System –
221-87	Administration” is hereby amended by adding thereto the following section:
221-88	36-8-10.2. Payment of administrative expense in administration of the defined
221-89	contribution plan - Restricted receipt account. -- (a) There is hereby established in the office
221-90	of the general treasurer a restricted receipt account referred to as the “Defined Contribution Plan
221-91	– Administration” account. The proceeds deposited into the account shall be used solely to pay
221-92	expenses incurred by the treasury and retirement system staff for the administration of the defined
221-93	contribution plan, as established by chapter 36-10.3 of the general laws.
221-94	(b) All costs associated with the administration of the defined contribution plan,
221-95	including but not limited to vendor selection, member out-reach, website maintenance, legal
221-96	support, and staff support in assisting ERSRI members regarding the defined contribution plan
221-97	benefits, shall be paid from this account. All such sums deposited in the “Defined Contribution
221-98	Plan – Administration” account shall be exempt from the indirect cost recovery provisions of
221-99	section 35-4-27.
221-100	SECTION 4. This article shall take effect upon passage and shall apply retroactively to
221-101	July 1, 2011, except for Section 3 which shall apply retroactively to November 18, 2011.
222-102	ARTICLE 15
222-103	RELATING TO HOSPITAL UNCOMPENSATED CARE
222-104	SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3
222-105	entitled “Uncompensated Care” are hereby amended to read as follows:
222-106	40-8.3-2. Definitions. -- As used in this chapter:
222-107	(1) "Base year" means for the purpose of calculating a disproportionate share payment for
222-108	any fiscal year ending after September 30, ~~2010~~ 2011, the period from October 1, ~~2008~~ 2009
222-109	through September 30, ~~2009~~ 2010, and for any fiscal year ending after September 30, ~~2011~~ 2012,
222-110	the period from October 1, 2009 through September 30, 2010.
222-111	(2) "Medical assistance inpatient utilization rate for a hospital" means a fraction
222-112	(expressed as a percentage) the numerator of which is the hospital's number of inpatient days
222-113	during the base year attributable to patients who were eligible for medical assistance during the
222-114	base year and the denominator of which is the total number of the hospital's inpatient days in the
222-115	base year.
222-116	(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:
222-117	(i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year; (ii)
222-118	achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the
222-119	base year; and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23
222-120	during the payment year.
222-121	(4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost
222-122	incurred by such hospital during the base year for inpatient or outpatient services attributable to
222-123	charity care (free care and bad debts) for which the patient has no health insurance or other third-
222-124	party coverage less payments, if any, received directly from such patients; and (ii) the cost
222-125	incurred by such hospital during the base year for inpatient or out-patient services attributable to
222-126	Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the
222-127	uncompensated care index.
222-128	(5) "Uncompensated care index" means the annual percentage increase for hospitals
222-129	established pursuant to § 27-19-14 for each year after the base year, up to and including the
222-130	payment year, provided, however, that the uncompensated care index for the payment year ending
222-131	September 30, 2007 shall be deemed to be five and thirty-eight hundredths percent (5.38%), and
222-132	that the uncompensated care index for the payment year ending September 30, 2008 shall be
222-133	deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated care
222-134	index for the payment year ending September 30, 2009 shall be deemed to be five and thirty-eight
222-135	hundredths percent (5.38%), and that the uncompensated care index for the payment years ending
222-136	September 30, 2010, September 30, 2011 ~~and~~, September 30, 2012 and September 30, 2013 shall
223-1	be deemed to be five and thirty hundredths percent (5.30%).
223-2	40-8.3-3. Implementation. -- ~~(a) For the fiscal year commencing on October 1, 2009 and~~
223-3	~~ending September 30, 2010, the department of human services shall submit to the Secretary of the~~
223-4	~~U.S. Department of Health and Human Services a state plan amendment to the Rhode Island~~
223-5	~~Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:~~
223-6	~~(1) That the disproportionate share hospital payments to all participating hospitals not to~~
223-7	~~exceed an aggregate limit of $117.8 million, to be allocated by the department to the Pool A, Pool~~
223-8	~~C and Pool D components of the DSH Plan;~~
223-9	~~(2) That the Pool D allotment shall be distributed among the participating hospitals in~~
223-10	~~direct proportion to the individual participating hospital's uncompensated care costs for the base~~
223-11	~~year, inflated by the uncompensated care index to the total uncompensated care costs for the base~~
223-12	~~year inflated by uncompensated care index for all participating hospitals. The disproportionate~~
223-13	~~share payments shall be made on or before July 12, 2010 and are expressly conditioned upon~~
223-14	~~approval on or before July 5, 2010 by the Secretary of the U.S. Department of Health and Human~~
223-15	~~Services, or his or her authorized representative, of all Medicaid state plan amendments necessary~~
223-16	~~to secure for the state the benefit of federal financial participation in federal fiscal year 2010 for~~
223-17	~~the disproportionate share payments.~~
223-18	~~(b)~~(a) For the fiscal year commencing on October 1, 2010 and ending September 30,
223-19	2011, the department of human services shall submit to the Secretary of the U.S. Department of
223-20	Health and Human Services a state plan amendment to the Rhode Island Medicaid state plan for
223-21	disproportionate share hospital payments (DSH Plan) to provide:
223-22	(1) That the disproportionate share hospital payments to all participating hospitals not to
223-23	exceed an aggregate limit of $125.4 million, to be allocated by the department to the Pool A, Pool
223-24	C and Pool D components of the DSH Plan;
223-25	(2) That the Pool D allotment shall be distributed among the participating hospitals in
223-26	direct proportion to the individual participating hospital's uncompensated care costs for the base
223-27	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
223-28	year inflated by uncompensated care index for all participating hospitals. The disproportionate
223-29	share payments shall be made on or before July 18, 2011 and are expressly conditioned upon
223-30	approval on or before July 11, 2011 by the Secretary of the U.S. Department of Health and
223-31	Human Services, or his or her authorized representative, of all Medicaid state plan amendments
223-32	necessary to secure for the state the benefit of federal financial participation in federal fiscal year
223-33	2011 for the disproportionate share payments.
224-34	~~(c)~~(b) For the fiscal year commencing on October 1, 2011 and ending September 30,
224-35	2012, the executive office of health and human services shall submit to the Secretary of the U.S.
224-36	Department of Health and Human Services a state plan amendment to the Rhode Island Medicaid
224-37	state plan for disproportionate share hospital payments (DSH Plan) to provide:
224-38	(1) That the disproportionate share hospital payments to all participating hospitals, not to
224-39	exceed an aggregate limit of ~~$129.8~~ $126.2 million, shall be allocated by the executive office of
224-40	health and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
224-41	(2) That the Pool D allotment shall be distributed among the participating hospitals in
224-42	direct proportion to the individual participating hospital's uncompensated care costs for the base
224-43	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
224-44	year inflated by uncompensated care index for all participating hospitals. The disproportionate
224-45	share payments shall be made on or before July 16, 2012 and are expressly conditioned upon
224-46	approval on or before July 9, 2012 by the Secretary of the U.S. Department of Health and Human
224-47	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
224-48	to secure for the state the benefit of federal financial participation in federal fiscal year 2012 for
224-49	the disproportionate share payments.
224-50	(c) For federal fiscal year 2013, commencing on October 1, 2012 and ending September
224-51	30, 2013, the executive office of health and human services shall submit to the Secretary of the
224-52	U.S. Department of Health and Human Services a state plan amendment to the Rhode Island
224-53	Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:
224-54	(1) That the disproportionate share hospital payments to all participating hospitals, not to
224-55	exceed an aggregate limit of $126.2 million, shall be allocated by the executive office of health
224-56	and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
224-57	(2) That the Pool D allotment shall be distributed among the participating hospitals in
224-58	direct proportion to the individual participating hospital's uncompensated care costs for the base
224-59	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
224-60	year inflated by uncompensated care index for all participating hospitals. The disproportionate
224-61	share payments shall be made on or before July 15, 2013 and are expressly conditioned upon
224-62	approval on or before July 8, 2013 by the Secretary of the U.S. Department of Health and Human
224-63	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
224-64	to secure for the state the benefit of federal financial participation in federal fiscal year 2013 for
224-65	the disproportionate share payments.
224-66	(d) No provision is made pursuant to this chapter for disproportionate share hospital
224-67	payments to participating hospitals for uncompensated care costs related to graduate medical
224-68	education programs.
225-1	SECTION 2. This article shall take effect upon passage.
225-2	ARTICLE 16
225-3	RELATING POLICE OFFICERS AND FIREFIGHTERS RELIEF BENEFITS
225-4	SECTION 1. Sections 45-19-2, 45-19-4, 45-19-4.1, 45-19-4.2, 45-19-5, 45-19-12, 45-
225-5	19-12.1, 45-19-12.2 and 45-19-12.3 of the General Laws in Chapter 45-19 entitled “Relief of
225-6	Injured and Deceased Fire Fighters and Police Officers” are hereby amended to read as follows:
225-7	45-19-2. Board of police officer's relief. -- Within the department of labor and training
225-8	there is a board of police officer's relief consisting of seven (7) members which administers the
225-9	fund for the relief of police officers as provided by law and the rules and regulations promulgated
225-10	by the department of labor and training. Five (5) members of the board appointed by the director
225-11	of labor and training; provided, that four (4) of the five (5) members must be actually occupied
225-12	and working as full-time police officers in the police force of some municipality in this state.
225-13	These four (4) full-time police are selected, two (2) each, from a list of six (6) candidates
225-14	submitted by the Rhode Island State Lodge Fraternal Order of Police and the International
225-15	Brotherhood of Police Officers. The sixth member is appointed by the Rhode Island Police
225-16	Chiefs' Association as a representative of the conference on the board. The seventh member is
225-17	appointed by the Providence Retired Police and Fire Association, and must be a retired
225-18	Providence police officer; provided, further, that all financial powers and duties concerning the
225-19	board of police officer's relief are administered by the general treasurer.
225-20	45-19-4. Annuities to dependents of deceased police officers and appropriations to
225-21	nondependent parents of police officers. -- (a) If an active or retired member of the police force
225-22	of a city or town is killed or dies from injuries received while in the performance of his or her
225-23	duty as a member, or dies of a heart condition or any condition derived from hypertension while
225-24	still a member, there shall be paid out of the police officer's relief fund of Rhode Island to the
225-25	following dependents of the deceased person, the following sums of money:
225-26	(1) To the widow or widower or domestic partner an annuity not exceeding three
225-27	thousand six hundred dollars ($3,600) a year, payable in the number of regular installments
225-28	determined by the ~~board~~ rules and regulations promulgated the department of labor and training
225-29	and continuing as long as he or she remains unmarried or not in a domestic partnership and
225-30	commencing with the date of death but not more than six (6) months prior to the date of filing of
225-31	the petition by the widow or widower or domestic partner; provided, that if the member died
225-32	more than six (6) months prior to the filing of the petition then the payments are to commence no
225-33	sooner than six (6) months prior to the date of petition;
226-34	(2) An additional annuity of not exceeding twelve hundred dollars ($1,200) a year,
226-35	payable in the number of regular installments determined by the ~~board~~ rules and regulations
226-36	promulgated by the department of labor and training, for each child of the deceased person during
226-37	the time that the child is under the age of eighteen (18) years, or over the age and physically or
226-38	mentally incapacitated from earning. If there is any child and no widow or widower or domestic
226-39	partner or the widow or widower or domestic partner dies later, the sum and the annuity that
226-40	would have been payable to the widow or widower or domestic partner had there been one or had
226-41	he or she lived, to or for the benefit of the child or of the children, in equal shares, during the time
226-42	previously stated;
226-43	(3) If there is any child and the widow or widower or domestic partner remarries or enters
226-44	in a domestic partnership, in lieu of the previously stated annuity to him or her, an annuity not
226-45	exceeding twelve hundred dollars ($1,200) to or for the benefit of each child during the time
226-46	previously stated;
226-47	(4) If there is no widow or widower or domestic partner and no child, ~~the~~ a total sum of
226-48	not exceeding ten thousand dollars ($10,000) payable in a lump sum for the benefit of the father
226-49	and/or mother of the deceased, if not dependent upon him or her for support at the time of his or
226-50	her death; and
226-51	(5) If there is no widow or widower or domestic partner and no child, ~~the~~ a sum of not
226-52	exceeding three thousand six hundred dollars ($3,600) payable in regular installments ~~by the~~
226-53	~~board of police officer's relief~~ as set forth in rules and regulations promulgated by the department
226-54	of labor and training to or for the benefit of the father or mother of the deceased, if dependent
226-55	upon him or her for support at the time of his or her death, and commencing with the date of
226-56	death but not more than six (6) months prior to the date of filing the petition; provided, that if the
226-57	member died more than six (6) months prior to the filing of the petition then the payments are to
226-58	commence no sooner than six (6) months prior to the date of the petition and continuing so long
226-59	as the beneficiary is unable to support himself or herself and does not remarry or enter into a
226-60	domestic partnership, an annuity not exceeding three thousand six hundred dollars ($3,600) a
226-61	year, payable in regular installments determined by the ~~board~~ rules and regulations promulgated
226-62	by the department of labor and training. The amount of the annuity shall, from time to time, be
226-63	determined within the limits previously stated by the board.
226-64	(b) For the purpose of this section the words "police officer" mean and include any active
226-65	or retired member of the state police or the police of any city or town regularly employed at a
226-66	fixed salary or wage.
226-67	(c) The provisions of this section apply in the case of any dependent receiving benefits in
226-68	accordance with the provisions of this section as it was in effect prior to April 25, 1960.
227-1	(d) The provisions of this section apply in the case of any active or retired police officer
227-2	who from and after January 1, 1935, was killed or died from injuries received while in the
227-3	performance of duty, or dies of a heart condition or any condition derived from hypertension.
227-4	(e) The amount of the annuity shall be determined by the income and asset eligibility
227-5	standards set forth in the rules and regulations promulgated by the department of labor and
227-6	training.
227-7	~~(e)~~(f) The amount of the annuity ~~shall not~~ may be reduced by reason of receipt of an
227-8	annuity and/or other payments to any beneficiaries from any other source.
227-9	~~(f)~~(g) Upon the death of a member, the police chief shall immediately notify the widow
227-10	or widower or domestic partner of the member by registered or certified mail, return receipt
227-11	requested, of the widow or widower's or domestic partner's possible eligibility for benefits under
227-12	this chapter and the time restriction for filing a claim for these benefits.
227-13	~~(g)~~(h) For purposes of this chapter, "domestic partner" shall be defined as a person who,
227-14	prior to the decedent's death, was in an exclusive, intimate and committed relationship with the
227-15	decedent, and who certifies by affidavit that their relationship met the following qualifications:
227-16	(1) Both partners were at least eighteen (18) years of age and were mentally competent to
227-17	contract;
227-18	(2) Neither partner was married to anyone else;
227-19	(3) Partners were not related by blood to a degree which would prohibit marriage in the
227-20	state of Rhode Island;
227-21	(4) Partners resided together and had resided together for at least one year at the time of
227-22	death; and
227-23	(5) Partners were financially interdependent as evidenced by at least two (2) of the
227-24	following:
227-25	(i) Domestic partnership agreement or relationship contract;
227-26	(ii) Joint mortgage or joint ownership of primary residence;
227-27	(iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C)
227-28	joint credit account; (D) joint lease; and/or
227-29	(iv) The domestic partner had been designated as a beneficiary for the decedent's will,
227-30	retirement contract or life insurance.
227-31	45-19-4.1. Tuition to children of police officers dying or disabled as a result of
227-32	service. -- (a) If an active member of the police force of a city or town is killed, dies, or becomes
227-33	totally and permanently disabled from injuries received while in the performance of his or her
227-34	duty as a member, or dies of a heart condition or any condition derived from hypertension while
228-1	still a member, and pursuant to the rules and regulations promulgated by the department of labor
228-2	and training there ~~shall~~ may be paid out of the general fund of the state of Rhode Island the
228-3	charges for the tuition of children of the deceased or totally and permanently disabled police
228-4	officer and/or the spouse of a police officer killed in the line of duty. The benefits are extended to
228-5	the children and/or spouse who are attending or may attend the University of Rhode Island,
228-6	Rhode Island College, or any other college or university operated by the state; provided, that the
228-7	child has entered the institution while between the ages of sixteen (16) and twenty-one (21); and
228-8	provided, further, that the aid granted is may be available to the child and/or spouse for the period
228-9	of time that may equal the normal time for completing the courses regularly offered by the
228-10	institution, but in no case more than four (4) years.
228-11	(b) For the purpose of this section, the words "police officer" mean and include any
228-12	member of the state police, any correctional officer within the department of corrections, or the
228-13	police of any city or town regularly employed at a fixed salary or wage. Furthermore, this
228-14	excludes auxiliary and volunteer police officers of city, town, or state police. For the purpose of
228-15	this section, the words "totally and permanently disabled" mean any impairment of mind or body
228-16	making it impossible for one to follow continuously a gainful occupation.
228-17	45-19-4.2. Tuition to police officers disabled as a result of service. --(a) If an active
228-18	member of the police force of a city or town becomes totally and permanently disabled from
228-19	injuries received while in the performance of his or her duty as a member, or if any member of
228-20	the police force of a city or town becomes totally and permanently disabled from injuries received
228-21	while in the performance of his or her duty, pursuant to rules and regulations promulgated by the
228-22	department of labor and training there ~~shall~~ may be paid out of the general fund of the state of
228-23	Rhode Island the charges for the tuition of the totally and permanently disabled police officer.
228-24	The benefits are extended to members who are attending or may attend the university of Rhode
228-25	Island, Rhode Island college, or any other college or university operated by the state; provided,
228-26	that the aid granted in this section is may be available for the period of time that may equal the
228-27	normal time for completing the courses regularly offered by the institution, but in no case more
228-28	than four (4) years.
228-29	(b) For the purpose of this section the words "police officer" mean and include any
228-30	member of the state police or the police of any city or town regularly employed at a fixed salary
228-31	or wage. Furthermore, this excludes auxiliary and volunteer police officers of city, town, or state
228-32	police.
228-33	45-19-5. Board of fire fighter's relief. -- (a) Within the department of labor and training
228-34	there is a board of fire fighter's relief, consisting of three (3) members, which administer the fund
229-1	for the relief of fire fighters, as provided in this chapter and the rules and regulations promulgated
229-2	by the department of labor and training. One member of the board is appointed by the director of
229-3	labor and training, one member is appointed by the Rhode Island State Association of Fire
229-4	Fighters, AFL-CIO-CLC, and the third member an active member of a Volunteer Fire
229-5	Department who is appointed by the Rhode Island State Firemen's League to represent volunteer
229-6	fire fighters on the board; provided, that all financial powers and duties concerning the board of
229-7	fire fighter's relief is administered by the general treasurer.
229-8	(b) A volunteer fire fighter shall be appointed by the Rhode Island State Firemen's
229-9	League for a term of three (3) years and shall continue to hold office until a successor has been
229-10	appointed. A member may be reappointed to succeed himself or herself.
229-11	(c) Members shall be appointed to fill vacancies for unexpired terms due to death,
229-12	resignation, or cause. A member appointed for less than a full term (to fill a vacancy) may serve
229-13	three (3) full years in addition to that part of a full term.
229-14	(d) The appointing authority may remove a member for cause.
229-15	45-19-12. Annuities to dependents of deceased fire fighters and appropriations to
229-16	nondependent parents of deceased fire fighters. -- (a) If an active or retired member of the fire
229-17	force of a city or town or fire fighter for the town of North Smithfield is killed or dies from
229-18	injuries received while in the performance of his or her duty as a member or dies of a heart
229-19	condition, respiratory ailments, or any condition derived from hypertension while still a member,
229-20	there shall be paid out of the fire fighter's relief fund of Rhode Island to the following dependents
229-21	of the deceased person, the following sums of money:
229-22	(1) To the widow or widower or domestic partner an annuity not exceeding three
229-23	thousand six hundred dollars ($3,600) a year, payable in the number of regular installments
229-24	determined by the board and continuing as long as he or she remains unmarried or not in a
229-25	domestic partnership and commencing with the date of death but not more than six (6) months
229-26	prior to the date of filing of the petition by the widow or widower or domestic partner;
229-27	(2) An additional annuity of one thousand two hundred dollars ($1,200) a year, payable in
229-28	the number of regular installments ~~determined by the board~~ set forth in the rules and regulations
229-29	promulgated by the department of labor and training, for each child of the deceased person during
229-30	the time that the child is under the age of eighteen (18) years, or over the age and physically or
229-31	mentally incapacitated from earning;
229-32	(3) If there is no widow or widower or domestic partner and no child, ~~the~~ a total sum of
229-33	not exceeding ten thousand dollars ($10,000), payable in a lump sum for the benefit of the father
229-34	and/or mother of the deceased, if not dependent upon him or her for support at the time of his or
230-1	her death;
230-2	(4) If there is any child and no widow or widower or domestic partner or the widow or
230-3	widower or domestic partner dies later, the sum and the annuity that should have been payable to
230-4	the widow or widower or domestic partner had there been one or had he or she lived, to or for the
230-5	benefit of the child or of the children, in equal shares during the previously stated time;
230-6	(5) If there is any child, and the widow or widower or domestic partner remarries or
230-7	enters into a domestic partnership, in lieu of the previously stated annuity to him or her, an
230-8	annuity not exceeding one thousand two hundred dollars ($1,200) to or for the benefit of each
230-9	child during the time previously stated; and
230-10	(6) If there is no widow or widower or domestic partner and no child, ~~the~~ a sum of not
230-11	exceeding three thousand six hundred dollars ($3,600) payable in regular installments by the
230-12	board of fire fighter's relief, to or for the benefit of the father or mother of the deceased, if
230-13	dependent upon him or her for support at the time of his or her death, and commencing with the
230-14	date of death but not more than six (6) months prior to the date of filing of the petition and
230-15	continuing so long as the beneficiary is unable to support himself or herself and does not remarry
230-16	or enter into a domestic partnership, an annuity not exceeding three thousand six hundred dollars
230-17	($3,600) a year, payable in the number of regular installments determined by the board.
230-18	(b) The amount of the annuity shall ~~, from time to time, be determined within the limits~~
230-19	~~previously stated by the board~~ be determined by the income and asset eligibility standards set
230-20	forth in the rules and regulations promulgated by the department of labor and training.
230-21	(c) The provisions of this section shall in the case of any active or retired member of the
230-22	fire force of any city or town or fire fighter for the town of North Smithfield who, from and after
230-23	January 1, 1935, is killed or dies from injuries received while in the performance of his or her
230-24	duty, or dies of a heart condition, respiratory ailments, or any condition derived from
230-25	hypertension. The provisions of this section shall only be construed to apply prospectively.
230-26	(d) The amount of the annuity ~~shall not~~ may be reduced by reason of receipt of any
230-27	annuity and/or other payments to any beneficiary from any other source.
230-28	(e) Upon the death of a member, the fire chief shall immediately notify the widow or
230-29	widower or domestic partner of the member, in writing, by registered or certified mail, return
230-30	receipt requested, of the widow or widower's or domestic partner's possible eligibility for benefits
230-31	under this chapter and the time restriction for filing a claim for the benefits.
230-32	45-19-12.1. Tuition to children of deceased or disabled fire fighters. -- (a) If an active
230-33	member of the fire force of a city or town or crash rescue crew persons of the state of Rhode
230-34	Island is killed or dies or becomes totally and permanently disabled from injuries received while
231-1	in the performance of his or her duty as a member, or dies of a performance related heart
231-2	condition, or dies of performance related respiratory ailments, or dies of any conditions derived
231-3	from performance related hypertension, there ~~shall~~ may be paid, out of the general fund of the
231-4	state of Rhode Island, the charges for the tuition of children of the deceased or totally and
231-5	permanently disabled fire fighters. The benefits shall be extended to the children who are
231-6	attending or may attend the University of Rhode Island, Rhode Island College, or any other
231-7	college or university operated by the state; provided, that the child has entered the institution
231-8	while between the ages of sixteen (16) and twenty-one (21); and provided, further, that the aid
231-9	granted in this section is may be available to the child for a period of time that equals the normal
231-10	time for completing the courses regularly offered by the institution, but in no case more than four
231-11	(4) years.
231-12	(b) For the purposes of this section, the words "members of fire force" mean and include
231-13	any member of a fire force or crash rescue crew persons of any city or town regularly employed
231-14	at a fixed salary or wage; this includes auxiliary and volunteer fire fighters and crash rescue crew
231-15	persons of any city, town, or state fire fighting department.
231-16	45-19-12.2. Annuities to dependents of deceased auxiliary and volunteer fire fighters
231-17	and appropriations to nondependent parents of deceased auxiliary and volunteer fire
231-18	fighters. -- (a) If an active member of a volunteer or auxiliary fire force or volunteer crash rescue
231-19	or ambulance corps is killed or dies from injuries received while in the performance of his or her
231-20	duty there, shall be paid out of the fire fighter's relief fund of Rhode Island to the following
231-21	dependents of the deceased person, the following sums of money:
231-22	(1) To the widow or widower or domestic partner beginning at the death, an annuity not
231-23	exceeding three thousand six hundred dollars ($3,600) a year, payable in regular installments as
231-24	may be determined by the board and continuing as long as he or she remains unmarried or not in
231-25	a domestic partnership;
231-26	(2) An additional annuity of not exceeding one thousand two hundred dollars ($1,200) a
231-27	year, payable in regular installments determined by the board, for each child of the deceased
231-28	person during the time that the child is under the age of eighteen (18) years, or over that age and
231-29	physically or mentally incapacitated from earning;
231-30	(3) If there is any child and no widow or widower or domestic partner or the widow or
231-31	widower or domestic partner dies later, the sum and annuity that should have been payable to the
231-32	widow or widower or domestic partner had there been one or had he or she lived, to or for the
231-33	benefit of the child or of the children, in equal shares during the previously stated time;
232-34	(4) If there is any child and the widow or widower or domestic partner remarries or enters
232-35	into a domestic partnership, in lieu of the previously stated annuity to him or her, an annuity not
232-36	exceeding one thousand two hundred dollars ($1,200) to or for the benefit of each child during
232-37	the previously stated time;
232-38	(5) If there is no widow or widower or domestic partner and no child, ~~the~~ a total sum of
232-39	not exceeding ten thousand dollars ($10,000) payable in a lump for the benefit of the father
232-40	and/or mother of the deceased, if not dependent upon him or her for support at the time of his or
232-41	her death; and
232-42	(6) If there is no widow or widower or domestic partner and no child, ~~the~~ a sum of not
232-43	exceeding three thousand six hundred dollars ($3,600) payable in regular installments ~~by the~~
232-44	~~board of fire fighter's relief~~ set forth in the rules and regulations promulgated by the department
232-45	of labor and training, to or for the benefit of the father or mother of the deceased, if dependent
232-46	upon him or her for support at the time of his or her death, and beginning at the death and
232-47	continuing so long as the beneficiary is unable to support himself or herself and does not remarry
232-48	or enter into a domestic partnership, an annuity not exceeding three thousand six hundred dollars
232-49	($3,600) a year, payable in regular installments determined by the board.
232-50	(b) The provisions of this section shall be retroactive to July 1, 1988.
232-51	45-19-12.3. Tuition to disabled fire fighters. -- (a) If an active member of the fire force
232-52	of a city or town or crash rescue crew persons of the state of Rhode Island becomes totally and
232-53	permanently disabled from injuries received while in the performance of his or her duty as a
232-54	member, or if any member of the fire force of a city or town or crash rescue crew persons of the
232-55	state of Rhode Island becomes totally and permanently disabled from injuries received while in
232-56	the performance of his or her duty, there ~~shall~~ may be paid, out of the general fund of the state of
232-57	Rhode Island, the charges for the tuition of totally and permanently disabled fire fighters. The
232-58	benefits are extended to members who are attending or may attend the University of Rhode
232-59	Island, Rhode Island College, or any other college or university operated by the state; provided,
232-60	that the aid granted in this section is may be available for a period of time that equals the normal
232-61	time for completing the courses regularly offered by the institution, but in no case more than four
232-62	(4) years.
232-63	(b) For the purposes of this section, the words "members of fire force" mean and include
232-64	any member of a fire force or crash rescue crew persons of any city or town regularly employed
232-65	at a fixed salary or wage; this includes auxiliary and volunteer fire fighters and crash rescue crew
232-66	persons of any city, town or state fire fighting department.
232-67	SECTION 2. Chapter 45-19 of the General Laws entitled “Relief of Injured and
232-68	Deceased Fire Fighters and Police Officers” is hereby amended by adding thereto the following
233-1	section:
233-2	45-19-20. Establishment of Police and Fire Relief Fund Review Panel.-- There is
233-3	hereby established a police and fire fighter relief fund review panel with five members appointed
233-4	by the director of the department of labor and training, that shall be responsible for monitoring
233-5	the expenditure trends in the annuities and tuition benefits paid under this chapter, and for
233-6	recommending changes in rules and regulations in order to constrain the growth in spending in
233-7	the police and fire relief program. The director of the department of labor and training shall
233-8	promulgate rules and regulations which establish income eligibility standards and assets tests for
233-9	determining the award of annuities and tuition payments under this chapter. Such rules and
233-10	regulations shall be developed with the goal of serving those most needy individuals while
233-11	limiting expenditures to no more than the amounts appropriated in the FY 2012 appropriation act.
233-12	SECTION 3. This article shall take effect upon passage.
233-13	ARTICLE 17
233-14	RELATING TO MEDICAL ASSISTANCE - DENTAL BENEFITS
233-15	SECTION 1. Section 40-8.4-19 of the General Laws in Chapter 40-8.4 entitled “Health
233-16	Care for Families” is hereby amended to read as follows:
233-17	40-8.4-19. Managed health care delivery systems for families. -- (a) Notwithstanding
233-18	any other provision of state law, the delivery and financing of the health care services provided
233-19	under this chapter shall be provided through a system of managed care. "Managed care" is
233-20	defined as systems that: integrate an efficient financing mechanism with quality service delivery;
233-21	provide a "medical home" to assure appropriate care and deter unnecessary services; and place
233-22	emphasis on preventive and primary care.
233-23	(b) Enrollment in managed care health delivery systems is mandatory for individuals
233-24	eligible for medical assistance under this chapter. This includes children in substitute care,
233-25	children receiving Medical Assistance through an adoption subsidy, and children eligible for
233-26	medical assistance based on their disability. Beneficiaries with third-party medical coverage or
233-27	insurance may be exempt from mandatory managed care in accordance with rules and regulations
233-28	promulgated by the department of human services for such purposes.
233-29	(c) Individuals who can afford to contribute shall share in the cost. The department of
233-30	human services is authorized and directed to apply for and obtain any necessary waivers and/or
233-31	state plan amendments from the secretary of the U.S. department of health and human services,
233-32	including, but not limited to, a waiver of the appropriate sections of Title XIX, 42 U.S.C. § 1396
233-33	et seq., to require that beneficiaries eligible under this chapter or chapter 12.3 of title 42, with
233-34	incomes equal to or greater than one hundred fifty percent (150%) of the federal poverty level,
234-1	pay a share of the costs of health coverage based on the ability to pay. The department of human
234-2	services shall implement this cost-sharing obligation by regulation, and shall consider co-
234-3	payments, premium shares, or other reasonable means to do so in accordance with approved
234-4	provisions of appropriate waivers and/or state plan amendments approved by the secretary of the
234-5	United States department of health and human services.
234-6	(d) Notwithstanding the above, the executive office of health and human services is
234-7	authorized to eliminate dental services for adults age twenty-one (21) years and older.
234-8	SECTION 2. This article shall take effect as of July 1, 2012.
234-9	ARTICLE 18
234-10	RELATING TO OFFICE OF HEALTH AND HUMAN SERVICES
234-11	SECTION 1. Sections 42-7.2.1, 42-7.2-2, 42-7.2-4, 42-7.2-5, 42-7.2-6, 42-7.2-6.1, 42-
234-12	7.2-12 and 42-7.2-16 of the General Laws in Chapter 42-7.2 entitled ”Office of Health and
234-13	Human Services” are hereby amended to read as follows:
234-14	42-7.2-1. Statement of intent.-- The purpose of this Chapter is to develop a consumer-
234-15	centered system of publicly-financed state administered health and human services that supports
234-16	access to high quality services, protects the safety of the state's most vulnerable citizens, and
234-17	ensures the efficient use of all available resources by the ~~five (5)~~ four (4) departments responsible
234-18	for the health and human services programs serving all Rhode Islanders and providing direct
234-19	assistance and support services to more than 250,000 individuals and families: the department of
234-20	children, youth, and families~~; the department of elderly affairs;~~ the department of health; the
234-21	department of human services; and the department of ~~mental health, retardation~~ behavioral
234-22	healthcare, developmental disabilities and hospitals, collectively referred to within as
234-23	"departments". It is recognized that the executive office of health and human services and the
234-24	departments have undertaken a variety of initiatives to further this goal and that they share a
234-25	commitment to continue to work in concert to preserve and promote each other's unique missions
234-26	while striving to attain better outcomes for all the people and communities they serve. However,
234-27	recent and expected changes in federal and state policies and funding priorities that affect the
234-28	financing, organization, and delivery of health and human services programs pose new challenges
234-29	and opportunities that have created an even greater need for structured and formal
234-30	interdepartmental cooperation and collaboration. To meet this need while continuing to build on
234-31	the achievements that have already been made, the interests of all Rhode Islanders will best be
234-32	served by codifying in the state's general laws the purposes and responsibilities of the executive
234-33	office of health and human services and the position of secretary of health and human services.
235-34	42-7.2-2. Executive office of health and human services . --There is hereby established
235-35	within the executive branch of state government an executive office of health and human services
235-36	to serve as the principal agency of the executive branch of state government for managing the
235-37	departments of children, youth and families, ~~elderly affairs,~~ health, human services, and ~~mental~~
235-38	~~health, retardation~~ behavioral healthcare, developmental disabilities and hospitals. In this
235-39	capacity, the office shall:
235-40	(a) Lead the state's ~~five~~ four (4) health and human services departments in order to:
235-41	(1) Improve the economy, efficiency, coordination, and quality of health and human
235-42	services policy and planning, budgeting and financing.
235-43	(2) Design strategies and implement best practices that foster service access, consumer
235-44	safety and positive outcomes.
235-45	(3) Maximize and leverage funds from all available public and private sources, including
235-46	federal financial participation, grants and awards.
235-47	(4) Increase public confidence by conducting independent reviews of health and human
235-48	services issues in order to promote accountability and coordination across departments.
235-49	(5) Ensure that state health and human services policies and programs are responsive to
235-50	changing consumer needs and to the network of community providers that deliver assistive
235-51	services and supports on their behalf.
235-52	(b) ~~Supervise the administrations of~~ Administer the federal and state medical assistance
235-53	programs ~~by acting as~~ in the capacity of the single state agency authorized under title XIX of the
235-54	U.S. Social Security act, 42 U.S.C. § 1396a et seq., ~~notwithstanding any general or public law or~~
235-55	~~regulation to the contrary,~~ and ~~exercising~~ exercise such single state agency authority for such
235-56	other federal and state programs as may be designated by the governor. Except as provided for
235-57	herein, nothing in this chapter shall be construed as transferring to the secretary~~: (1) The~~ the
235-58	powers, duties or functions conferred upon the departments by Rhode Island general laws for the
235-59	~~administration of the foregoing federal and state programs; or (2) The administrative~~
235-60	~~responsibility for the preparation and submission of any state plans, state plan amendments, or~~
235-61	~~federal waiver applications, as may be approved from time to time by the secretary with respect~~
235-62	~~to the foregoing federal and state programs~~ management and operations of programs or services
235-63	approved for federal financial participation under the authority of the Medicaid state agency.
235-64	42-7.2-4. Responsibilities of the secretary.-- (a) The secretary shall be responsible to
235-65	the governor for supervising the executive office of health and human services and for managing
235-66	and providing strategic leadership and direction to the ~~five~~ four (4) departments.
235-67	(b) Notwithstanding the provisions set forth in this chapter, the governor shall appoint the
235-68	directors of the departments within the executive office of health and human services. Directors
236-1	appointed to those departments shall continue to be subject to the advice and consent of the senate
236-2	and shall continue to hold office as set forth in §§ 42-6-1 et seq. and 42-72-1(c).
236-3	42-7.2-5. Duties of the secretary.--The secretary shall be subject to the direction and
236-4	supervision of the governor for the oversight, coordination and cohesive direction of state
236-5	administered health and human services and in ensuring the laws are faithfully executed, not
236-6	withstanding any law to the contrary. In this capacity, the Secretary of Health and Human
236-7	Services shall be authorized to:
236-8	(1) Coordinate the administration and financing of health care benefits, human services
236-9	and programs including those authorized by the Global Consumer Choice Compact Waiver and,
236-10	as applicable, the Medicaid State Plan under Title XIX of the US Social Security Act. However,
236-11	nothing in this section shall be construed as transferring to the secretary the powers, duties or
236-12	functions conferred upon the departments by Rhode Island public and general laws for the
236-13	administration of federal/state programs financed in whole or in part with Medicaid funds or the
236-14	administrative responsibility for the preparation and submission of any state plans, state plan
236-15	amendments, or authorized federal waiver applications, once approved by the secretary and
236-16	director of the single state agency.
236-17	(2) Serve as the governor's chief advisor and liaison to federal policymakers on Medicaid
236-18	reform issues as well as the principal point of contact in the state on any such related matters.
236-19	(3) Review and ensure the coordination of any Global Consumer Choice Compact
236-20	Waiver requests and renewals as well as any initiatives and proposals requiring amendments to
236-21	the Medicaid state plan or category ~~one (I) or~~ two (II) or three (III) changes, as described in the
236-22	special terms and conditions of the Global Consumer Choice Compact Waiver with the potential
236-23	to affect the scope, amount or duration of publicly-funded health care services, provider payments
236-24	or reimbursements, or access to or the availability of benefits and services as provided by Rhode
236-25	Island general and public laws. The secretary shall consider whether any such changes are legally
236-26	and fiscally sound and consistent with the state's policy and budget priorities. The secretary shall
236-27	also assess whether a proposed change is capable of obtaining the necessary approvals from
236-28	federal officials and achieving the expected positive consumer outcomes. Department directors
236-29	shall, within the timelines specified, provide any information and resources the secretary deems
236-30	necessary in order to perform the reviews authorized in this section;
236-31	(4) Beginning in 2006, prepare and submit to the governor, the chairpersons of the house
236-32	and senate finance committees, the caseload estimating conference, and to the joint legislative
236-33	committee for health care oversight, by no later than March 15 of each year, a comprehensive
236-34	overview of all Medicaid expenditures outcomes, and utilization rates. The overview shall
237-1	include, but not be limited to, the following information:
237-2	(i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;
237-3	(ii) Expenditures, outcomes and utilization rates by population and sub-population served
237-4	(e.g. families with children, children with disabilities, children in foster care, children receiving
237-5	adoption assistance, adults with disabilities, and the elderly);
237-6	(iii) Expenditures, outcomes and utilization rates by each state department or other
237-7	municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the
237-8	Social Security Act, as amended; and
237-9	(iv) Expenditures, outcomes and utilization rates by type of service and/or service
237-10	provider. The directors of the departments, as well as local governments and school departments,
237-11	shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever
237-12	resources, information and support shall be necessary.
237-13	(5) Resolve administrative, jurisdictional, operational, program, or policy conflicts
237-14	among departments and their executive staffs and make necessary recommendations to the
237-15	governor.
237-16	(6) Assure continued progress toward improving the quality, the economy, the
237-17	accountability and the efficiency of state-administered health and human services. In this
237-18	capacity, the secretary shall:
237-19	(i) Direct implementation of reforms in the human resources practices of the departments
237-20	that streamline and upgrade services, achieve greater economies of scale and establish the
237-21	coordinated system of the staff education, cross- training, and career development services
237-22	necessary to recruit and retain a highly-skilled, responsive, and engaged health and human
237-23	services workforce;
237-24	(ii) Encourage the departments to utilize consumer-centered approaches to service design
237-25	and delivery that expand their capacity to respond efficiently and responsibly to the diverse and
237-26	changing needs of the people and communities they serve;
237-27	(iii) Develop all opportunities to maximize resources by leveraging the state's purchasing
237-28	power, centralizing fiscal service functions related to budget, finance, and procurement,
237-29	centralizing communication, policy analysis and planning, and information systems and data
237-30	management, pursuing alternative funding sources through grants, awards and partnerships and
237-31	securing all available federal financial participation for programs and services provided through
237-32	the departments;
237-33	(iv) Improve the coordination and efficiency of health and human services legal functions
237-34	by centralizing adjudicative and legal services and overseeing their timely and judicious
238-1	administration;
238-2	(v) Facilitate the rebalancing of the long term system by creating an assessment and
238-3	coordination organization or unit for the expressed purpose of developing and implementing
238-4	procedures across departments that ensure that the appropriate publicly-funded health services are
238-5	provided at the right time and in the most appropriate and least restrictive setting; and
238-6	(vi) Strengthen health and human services program integrity, quality control and
238-7	collections, and recovery activities by consolidating functions within the office in a single unit
238-8	that ensures all affected parties pay their fair share of the cost of services and are aware of
238-9	alternative financing.
238-10	(vii) Broaden access to publicly funded food and nutrition services by consolidating
238-11	agency programs and initiatives to eliminate duplication and overlap and improve the availability
238-12	and quality of services; and
238-13	(viii) Assure protective services are available to vulnerable elders and adults with
238-14	developmental and other disabilities by reorganizing existing services, establishing new services
238-15	where gaps exist and centralizing administrative responsibility for oversight of all related
238-16	initiatives and programs.
238-17	(7) Prepare and integrate comprehensive budgets for the health and human services
238-18	departments and any other functions and duties assigned to the office. The budgets shall be
238-19	submitted to the state budget office by the secretary, for consideration by the governor, on behalf
238-20	of the state's health and human services in accordance with the provisions set forth in § 35-3-4 of
238-21	the Rhode Island general laws.
238-22	(8) Utilize objective data to evaluate health and human services policy goals, resource use
238-23	and outcome evaluation and to perform short and long-term policy planning and development.
238-24	(9) Establishment of an integrated approach to interdepartmental information and data
238-25	management that complements and furthers the goals of the CHOICES initiative and that will
238-26	facilitate the transition to consumer-centered system of state administered health and human
238-27	services.
238-28	(10) At the direction of the governor or the general assembly, conduct independent
238-29	reviews of state-administered health and human services programs, policies and related agency
238-30	actions and activities and assist the department directors in identifying strategies to address any
238-31	issues or areas of concern that may emerge thereof. The department directors shall provide any
238-32	information and assistance deemed necessary by the secretary when undertaking such
238-33	independent reviews.
239-34	(11) Provide regular and timely reports to the governor and make recommendations with
239-35	respect to the state's health and human services agenda.
239-36	(12) Employ such personnel and contract for such consulting services as may be required
239-37	to perform the powers and duties lawfully conferred upon the secretary.
239-38	(13) Implement the provisions of any general or public law or regulation related to the
239-39	disclosure, confidentiality and privacy of any information or records, in the possession or under
239-40	the control of the executive office or the departments assigned to the executive office, that may be
239-41	developed or acquired for purposes directly connected with the secretary's duties set forth herein.
239-42	(14) Hold the director of each health and human services department accountable for
239-43	their administrative, fiscal and program actions in the conduct of the respective powers and duties
239-44	of their agencies.
239-45	42-7.2-6. Departments assigned to the executive office - Powers and duties. --(a) The
239-46	departments assigned to the secretary shall:
239-47	(1) Exercise their respective powers and duties in accordance with their statutory
239-48	authority and the general policy established by the governor or by the secretary acting on behalf
239-49	of the governor or in accordance with the powers and authorities conferred upon the secretary by
239-50	this chapter;
239-51	(2) Provide such assistance or resources as may be requested or required by the governor
239-52	and/or the secretary; and
239-53	(3) Provide such records and information as may be requested or required by the
239-54	governor and/or the secretary to the extent allowed under the provisions of any applicable general
239-55	or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of
239-56	such records or information.
239-57	(4) Forward to the secretary copies of all reports to the governor.
239-58	(b) Except as provided herein, no provision of this chapter or application thereof shall be
239-59	construed to limit or otherwise restrict the department of children, youth and families, ~~the~~
239-60	~~department of elderly affairs,~~ the department of health, the department of human services, and the
239-61	department of ~~mental health, retardation~~ behavioral healthcare, developmental disabilities and
239-62	hospitals from fulfilling any statutory requirement or complying with any valid rule or regulation.
239-63	42-7.2-6.1. Transfer of powers and functions.-- (a) There are hereby transferred to the
239-64	executive office of health and human services the powers and functions of the departments with
239-65	respect to the following:
239-66	(1) By July 1, 2007, fiscal services including budget preparation and review, financial
239-67	management, purchasing and accounting and any related functions and duties deemed necessary
239-68	by the secretary;
240-1	(2) By July 1, 2007, legal services including applying and interpreting the law, oversight
240-2	to the rule-making process, and administrative adjudication duties and any related functions and
240-3	duties deemed necessary by the secretary;
240-4	(3) By September 1, 2007, communications including those functions and services related
240-5	to government relations, public education and outreach and media relations and any related
240-6	functions and duties deemed necessary by the secretary;
240-7	(4) By March 1, 2008, policy analysis and planning including those functions and
240-8	services related to the policy development, planning and evaluation and any related functions and
240-9	duties deemed necessary by the secretary;
240-10	(5) By June 30, 2008, information systems and data management including the financing,
240-11	development and maintenance of all data-bases and information systems and platforms as well as
240-12	any related operations deemed necessary by the secretary;
240-13	(6) By October 1, 2009, assessment and coordination for long-term care including those
240-14	functions related to determining level of care or need for services, development of individual
240-15	service/care plans and planning, identification of service options, the pricing of service options
240-16	and choice counseling; and
240-17	(7) By October 1, 2009, program integrity, quality control and collection and recovery
240-18	functions including any that detect fraud and abuse or assure that beneficiaries, providers, and
240-19	third-parties pay their fair share of the cost of services, as well as any that promote alternatives to
240-20	publicly financed services, such as the long-term care health insurance partnership.
240-21	(8) By January 1, 2011, client protective services including any such services provided to
240-22	children, elders and adults with developmental and other disabilities;
240-23	(9) [Deleted by P.L. 2010, ch. 23, art. 7, § 1].
240-24	(b) The secretary shall determine in collaboration with the department directors whether
240-25	the officers, employees, agencies, advisory councils, committees, commissions, and task forces of
240-26	the departments who were performing such functions shall be transferred to the office.
240-27	(c) In the transference of such functions, the secretary shall be responsible for ensuring:
240-28	(1) Minimal disruption of services to consumers;
240-29	(2) Elimination of duplication of functions and operations;
240-30	(3) Services are coordinated and functions are consolidated where appropriate;
240-31	(4) Clear lines of authority are delineated and followed;
240-32	(5) Cost-savings are achieved whenever feasible;
240-33	(6) Program application and eligibility determination processes are coordinated and,
240-34	where feasible, integrated; and
241-1	(7) State and federal funds available to the office and the entities therein are allocated and
241-2	utilized for service delivery to the fullest extent possible.
241-3	(d) Except as provided herein, no provision of this chapter or application thereof shall be
241-4	construed to limit or otherwise restrict the departments of children, youth and families, human
241-5	services, ~~elderly affairs,~~ health, and ~~mental health, retardation~~ behavioral healthcare,
241-6	developmental disabilities, and hospitals from fulfilling any statutory requirement or complying
241-7	with any regulation deemed otherwise valid.
241-8	(e) The secretary shall prepare and submit to the leadership of the house and senate
241-9	finance committees, by no later than January 1, 2010, a plan for restructuring functional
241-10	responsibilities across the departments to establish a consumer centered integrated system of
241-11	health and human services that provides high quality and cost-effective services at the right time
241-12	and in the right setting across the life-cycle.
241-13	42-7.2-12. Medicaid program study.-- (a) The secretary of the executive office of health
241-14	and human services shall conduct a study of the Medicaid programs administered by the state to
241-15	review and analyze the options available for reducing or stabilizing the level of uninsured Rhode
241-16	Islanders and containing Medicaid spending.
241-17	(1) As part of this process, the study shall consider the flexibility afforded the state under
241-18	the federal Deficit Reduction Act of 2006 and any other changes in federal Medicaid policy or
241-19	program requirements occurring on or before December 31, 2006, as well as the various
241-20	approaches proposed and/or adopted by other states through federal waivers, state plan
241-21	amendments, public-private partnerships, and other initiatives.
241-22	(2) In exploring these options, the study shall examine fully the overall administrative
241-23	efficiency of each program for children and families, elders and adults with disabilities and any
241-24	such factors that may affect access and/or cost including, but not limited to, coverage groups,
241-25	benefits, delivery systems, and applicable cost-sharing requirements.
241-26	(b) The secretary shall ensure that the study focuses broadly on the Medicaid programs
241-27	administered by the executive office of health and human services and all ~~five (5)~~ of the state's
241-28	~~five (5)~~ four (4) health and human services departments, irrespective of the source or manner in
241-29	which funds are budgeted or allocated. The directors of the departments shall cooperate with the
241-30	secretary in preparing this study and provide any information and/or resources the secretary
241-31	deems necessary to assess fully the short and long-term implications of the options under review
241-32	both for the state and the people and the communities the departments serve. The secretary shall
241-33	submit a report and recommendations based on the findings of the study to the general assembly
241-34	and the governor no later than March 1, 2007.
242-1	42-7.2-16. Medicaid System Reform 2008. -- (a) The executive office of health and
242-2	human services, in conjunction with the department of human services, ~~the department of elderly~~
242-3	~~affairs,~~ the department of children youth and families, the department of health and the
242-4	department of ~~mental health, retardation~~ behavioral healthcare, developmental disabilities, and
242-5	hospitals, is authorized to design options that reform the Medicaid program so that it is a person-
242-6	centered, financially sustainable, cost-effective, and opportunity driven program that: utilizes
242-7	competitive and value based purchasing to maximize the available service options, promote
242-8	accountability and transparency, and encourage and reward healthy outcomes, independence, and
242-9	responsible choices; promotes efficiencies and the coordination of services across all health and
242-10	human services agencies; and ensures the state will have a fiscally sound source of publicly-
242-11	financed health care for Rhode Islanders in need.
242-12	(b) Principles and Goals. In developing and implementing this system of reform, the
242-13	executive office of health and human services and the ~~five (5)~~ four (4) health and human services
242-14	departments shall pursue the following principles and goals:
242-15	(1) Empower consumers to make reasoned and cost-effective choices about their health
242-16	by providing them with the information and array of service options they need and offering
242-17	rewards for healthy decisions;
242-18	(2) Encourage personal responsibility by assuring the information available to
242-19	beneficiaries is easy to understand and accurate, provide that a fiscal intermediary is provided
242-20	when necessary, and adequate access to needed services;
242-21	(3) When appropriate, promote community-based care solutions by transitioning
242-22	beneficiaries from institutional settings back into the community and by providing the needed
242-23	assistance and supports to beneficiaries requiring long-term care or residential services who wish
242-24	to remain, or are better served in the community;
242-25	(4) Enable consumers to receive individualized health care that is outcome-oriented,
242-26	focused on prevention, disease management, recovery and maintaining independence;
242-27	(5) Promote competition between health care providers to ensure best value purchasing,
242-28	to leverage resources and to create opportunities for improving service quality and performance;
242-29	(6) Redesign purchasing and payment methods to assure fiscal accountability and
242-30	encourage and to reward service quality and cost-effectiveness by tying reimbursements to
242-31	evidence-based performance measures and standards, including those related to patient
242-32	satisfaction; and
242-33	(7) Continually improve technology to take advantage of recent innovations and advances
242-34	that help decision makers, consumers and providers to make informed and cost-effective
243-1	decisions regarding health care.
243-2	(c) The executive office of health and human services shall annually submit a report to
243-3	the governor and the general assembly commencing on a date no later than July 1, 2009
243-4	describing the status of the administration and implementation of the Global Waiver Compact.
243-5	SECTION 2. Chapter 42-7.2 of the General Laws entitled ”Office of Health and Human
243-6	Service” is hereby amended by adding thereto the following section:
243-7	42-7.2-17. Statutory reference to the office of health and human services.--
243-8	Notwithstanding other statutory references to the department of human services, wherever in the
243-9	general or public laws, or any rule or regulation, any reference shall appear to the "department of
243-10	human services" or to "department" as it relates to any responsibilities for and/or to Medicaid,
243-11	unless the context otherwise requires, it shall be deemed to mean and shall be replaced with "the
243-12	office of health and human services."
243-13	SECTION 3. This article shall take effect upon passage.
243-14	ARTICLE 19
243-15	RELATING TO RHODE ISLAND VETERANS’ HOME
243-16	SECTION 1. Rhode Island Veterans’ Home.
243-17	WHEREAS, the department of human services is responsible for the operation of the
243-18	Rhode Island Veterans’ Home, pursuant to Title 30, Chapters 17.1 and 24 of the General Laws;
243-19	and
243-20	WHEREAS, the Rhode Island Veterans’ Home is an aged facility that will likely require
243-21	significant modification and renovation to continue to comply with current and future life/safety
243-22	code requirements; and
243-23	WHEREAS, the State has a compelling interest and obligation to support its citizens who
243-24	have served their country in military service at time of war; and
243-25	WHEREAS, the Special House Commission to Undertake a Comprehensive Study of the
243-26	R.I. Veterans’ Home in Bristol and Develop a Master plan for the Overall Future Direction of the
243-27	Facility has devoted a considerable amount of volunteer time and effort to develop a proposal to
243-28	construct a new Veterans’ Home and associated assisted living residence on the property at
243-29	Bristol, and has recommended that the Governor and General Assembly propose a bond issue to
243-30	the voters in the next general election for this purpose; now, therefore, be it
243-31	RESOLVED, that the Governor and General Assembly will afford this proposal careful
243-32	consideration during the deliberations regarding the appropriations act for state fiscal year 2013,
243-33	and will reach a final decision as to the proposed bond issue no later than June 30, 2012.
244-34	SECTION 2. This article shall take effect upon passage.
244-35	ARTICLE 20
244-36	RELATING TO EAST BAY BRIDGE SYSTEM
244-37	SECTION 1. Title 24 of the General Laws entitled “HIGHWAYS” is hereby amended
244-38	by adding thereto the following chapter:
244-39	CHAPTER 24-16
244-40	EAST BAY BRIDGE SYSTEM ACT OF 2012
244-41	24-16-1. Short Title. -- This chapter shall be known and may be cited as the “East Bay
244-42	Bridge System Act of 2012”.
244-43	24-16-2. Legislative findings. -- The general assembly finds that:
244-44	(1) The State of Rhode Island, through the Rhode Island Department of Transportation
244-45	(“RIDOT”), funds the repair, replacement, and maintenance of bridges in Rhode Island, except
244-46	the Newport Bridge and the Mount Hope Bridge.
244-47	(2) Rhode Island depends on three primary sources for funding all transportation
244-48	infrastructure construction, maintenance, and operations. These sources are Federal funds, State
244-49	bond funds, and motor fuel tax revenue. Of these sources, two (Federal funds and motor fuel tax
244-50	revenue) are mutable.
244-51	(3) The 2008 Governor’s Blue Ribbon Panel on Transportation Funding and the 2011
244-52	Senate Special Commission on Sustainable Transportation funding determined that there is
244-53	insufficient revenue available from all existing sources to fund the maintenance and improvement
244-54	of Rhode Island transportation infrastructure.
244-55	(4) In 2011, the Rhode Island general assembly adopted a component of the
244-56	recommended systemic change to transportation funding by creating the Rhode Island Highway
244-57	Maintenance Trust Fund, to be funded by an increase in license and registration fees and
244-58	contributions from the Rhode Island Capital Plan (RICAP) fund, beginning in FY2014.
244-59	(5) Although the State is shifting from long-term borrowing to annual revenues to fund
244-60	transportation infrastructure, there is still a funding gap between the revenue needed to maintain
244-61	all roads and bridges in good condition and the annual amounts generated by current revenue
244-62	sources.
244-63	(6) The State has sufficient financial resources to complete the construction of the new
244-64	Sakonnet River Bridge and to demolish the existing Sakonnet River Bridge, but does not have
244-65	sufficient financial resources to assure the future maintenance and operation of the Sakonnet
244-66	River Bridge.
244-67	(7) There is limited access to and from Rhode Island’s East Bay, consisting of Bristol and
244-68	Newport Counties, and this access is restricted both by geography and infrastructure. The most
245-1	critical infrastructure includes the four bridges that comprise the access to Aquidneck Island and
245-2	Conancicut Island. These four bridges make up less than half a percent of the total bridges in the
245-3	state, but comprise approximately twenty percent of the deck area of all Rhode Island bridges.
245-4	(8) Two of the four bridges, the Sakonnet River Bridge and the Jamestown Verrazzano
245-5	Bridge, are owned and maintained by RIDOT. The Rhode Island Turnpike and Bridge Authority
245-6	(“RITBA”) currently owns and maintains the other two bridges: the Newport Bridge and the
245-7	Mount Hope Bridge.
245-8	(9) In the current economic and political climate, cooperation between State departments
245-9	and/or quasi-public agencies provides the best opportunity to maximize financial and knowledge-
245-10	based resources.
245-11	(10) RITBA currently assesses a toll for passage over the Newport Bridge, and this toll
245-12	serves as the sole source of revenue for RITBA to maintain both the Newport Bridge and the
245-13	Mount Hope Bridge and related appurtenances.
245-14	(11) The Federal Highway Administration allows for the placement of tolls on certain
245-15	transportation infrastructure in order to assure the improvement and proper operation and
245-16	maintenance of the structure and associated roadways.
245-17	(12) The current toll structure places undue burden on the residents, businesses, and
245-18	visitors who must use the Newport Bridge to access work, schools, shopping, and other essential
245-19	services. It is crucial to establish a comprehensive strategy to fund and maintain the bridges
245-20	connecting the East Bay.
245-21	(13) The transfer of the Sakonnet River Bridge and its appurtenances and the Jamestown
245-22	Verrazzano Bridge and its appurtenances to the Rhode Island Turnpike and Bridge Authority
245-23	would be in the best interests of the State of Rhode Island and its residents, particularly those
245-24	living and working in the East Bay.
245-25	(14) The placement of a toll on the Sakonnet River Bridge, under the direction of RITBA,
245-26	would serve to create a more viable means of funding future maintenance and repairs of the East
245-27	Bay bridges and would allow for the establishment of a more equitable toll structure, along with a
245-28	fund for capital transportation projects and preventive maintenance in the East Bay.
245-29	24-16-3. East Bay Infrastructure fund established. -- (a) There is hereby created a
245-30	special account in the general fund to be known as the East Bay Infrastructure (EBI) fund.
245-31	(b) The fund shall consist of all those moneys which the Rhode Island Turnpike and
245-32	Bridge Authority may and the state may, from time to time, direct to the fund, including, but not
245-33	necessarily limited to, funds in excess of those required to (i) pay debt service payments, (ii)
245-34	operate and maintain the bridges; and (iii) maintain required or adequate reserves.
246-1	(c) All funds collected pursuant to this section shall be deposited in the EBI fund and
246-2	shall be used only in Bristol and Newport Counties, and only for the purposes set forth in this
246-3	chapter.
246-4	(d) Unexpended balances and any earnings thereon shall not revert to the general fund but
246-5	shall remain in the EBI fund. There shall be no requirement that moneys received into the EBI
246-6	fund during any given calendar year or fiscal year be expended during the same calendar year or
246-7	fiscal year.
246-8	(e) The EBI fund shall be administered by the director, who shall allocate and spend
246-9	moneys from the fund only in accordance with the purposes and procedures set forth in this
246-10	chapter.
246-11	SECTION 2. Section 24-8-28 of the General Laws in Chapter 24-8 entitled
246-12	“Construction and Maintenance of State Roads” is hereby repealed.
246-13	~~§ 24-8-28 Sakonnet River stone bridge.~~ – ~~The department of transportation shall have~~
246-14	~~full charge and control of the operation and maintenance of the Rhode Island stone bridge across~~
246-15	~~Sakonnet River connecting the island of Rhode Island with the mainland, and the bridge is hereby~~
246-16	~~made a part of the state highway system. The department shall appoint the attendants and other~~
246-17	~~employees as may be required for the care and operation of the bridge, and in all matters of the~~
246-18	~~care, operation, and maintenance of the bridge the department shall exercise full authority. All~~
246-19	~~appropriations for the care, maintenance, and repair of the bridge shall be expended under the~~
246-20	~~direction of the department.~~
246-21	SECTION 3. Sections 24-12-1, 24-12-5, 24-12-9, 24-12-18, 24-12-26, 24-12-28, 24-12-
246-22	39 and 24-12-50 of the General Laws in Chapter 24-12 entitled “Rhode Island Bridge and
246-23	Turnpike Authority” are hereby amended to read as follows:
246-24	24-12-1. Definitions. -- As used in this chapter, the following words and terms shall
246-25	have the following meanings, unless the context shall indicate another or different meaning:
246-26	(1) "Additional facility" means any bridge, ~~(excluding the Sakonnet River Bridge),~~
246-27	approach or feeder road, highway, road, freeway, tunnel, overpass, or underpass, parking facility
246-28	or toll facility, in the state, equipment or signal and information system, which the authority is
246-29	authorized by this chapter or any other law to construct, reconstruct, renovate, acquire, maintain,
246-30	repair, operate, or manage after May 3, 1954 or any portion thereof.
246-31	(2) "Annual period" means the one-year fiscal period of the state commencing on the first
246-32	day of July of any year and ending the last day of June of the following year.
246-33	(3) "Authority" means the Rhode Island turnpike and bridge authority created by § 24-12-
246-34	2, or, if the authority shall be abolished, the board, body, or commission succeeding to the
247-1	principal functions thereof or upon whom the powers given by the chapter to the authority shall
247-2	be given by law.
247-3	(4) "Cost" as applied to any project to be constructed, reconstructed, renovated,
247-4	maintained, acquired, leased, repaired, operated or managed by the authority shall embrace the
247-5	cost of construction, reconstruction, renovation, maintenance, repair, operation or management,
247-6	the cost of the acquisition of all land, rights-of-way, property, rights, easements, and interests
247-7	acquired by the authority for the construction, reconstruction, renovation, maintenance, repair,
247-8	operation or management, the cost of demolishing or removing any buildings or structures on
247-9	land so acquired, including the cost of acquiring any lands to which the buildings or structures
247-10	may be moved, the cost of all machinery and equipment, financing charges, interest prior to and
247-11	during construction, reconstruction, renovation, maintenance, repair, operation or management,
247-12	and for one year after completion of construction, reconstruction, renovation, maintenance, repair,
247-13	operation or management, cost of traffic estimates and of engineering and legal services, plans,
247-14	specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to
247-15	determining the feasibility or practicability of construction, reconstruction, renovation,
247-16	maintenance, repair, operation or management, administrative expenses, and such other expenses
247-17	as may be necessary or incident to the construction, reconstruction, renovation, maintenance,
247-18	repair, operation or management, the financing of the construction, and the placing of the project
247-19	in operation, and in connection with the Newport Bridge shall include the purchase price of the
247-20	ferry franchise. The word "cost" as applied to any project which the authority may be authorized
247-21	to acquire means the amount of the purchase price, lease payments, debt service payments, or the
247-22	amount of any condemnation award in connection with the acquisition of the project, and shall
247-23	include the cost of acquiring all the capital stock of the corporation owning the project, if such be
247-24	the case, and the amount to be paid to discharge all of the obligations of the corporation in order
247-25	to vest title to the project in the authority, the cost of improvements to the project which may be
247-26	determined by the authority to be necessary prior to the financing thereof, interest during the
247-27	period of construction of the improvements and for one year thereafter, the cost of all lands,
247-28	properties, rights, easements, franchises, and permits acquired, the cost of engineering and legal
247-29	services, plans, specifications, surveys, estimates of cost and of revenues, other expenses
247-30	necessary or incident to determining the feasibility or practicability of the acquisition or
247-31	improvement, administrative expenses, and such other expenses as may be necessary or incident
247-32	to the financing of the acquisition or improvement and the placing of the project in operation by
247-33	the authority.
248-34	(ii) "Cost" as applied to the Mount Hope Bridge means such amount, if any, as the
248-35	authority may deem necessary, following the acquisition of a bridge under the provisions of § 24-
248-36	12-40A, to place the bridge in safe and efficient condition for its operation. And as applied to any
248-37	project constructed or acquired by the authority under the provisions of the chapter, the word
248-38	"cost" shall also include such amounts as the authority may deem necessary for working capital
248-39	and to create a debt service reserve ~~for interest~~.
248-40	(iii) "Cost" as applied to the Sakonnet River Bridge includes such amount, if any, as the
248-41	authority may deem necessary, following the acquisition of the Sakonnet River Bridge under the
248-42	provisions of subsection 24-12-40F, to place the bridge in safe and efficient condition for its
248-43	operation. As applied to any project constructed or acquired by the authority under the provisions
248-44	of the chapter, the word "cost" shall also include such amounts as the authority may deem
248-45	necessary for capitalized interest, working capital and to create a debt service reserve.
248-46	(iv) “Cost” as applied to the Jamestown Verrazzano Bridge includes such amount, if any,
248-47	as the authority may deem necessary, following the acquisition of the Jamestown Verrazzano
248-48	Bridge under the provisions of subsection 24-12-40G, to place the bridge in safe and efficient
248-49	condition for its operation. As applied to any project constructed or acquired by the authority
248-50	under the provisions of the chapter, the word "cost" shall also include such amounts as the
248-51	authority may deem necessary for capitalized interest, working capital and to create a debt service
248-52	reserve.
248-53	(5) "Department" means the department of transportation, or, if the department shall be
248-54	abolished, the board, body, or commission succeeding to the principal functions thereof or upon
248-55	whom the powers given by chapter 5 of title 37 to the department shall be given by law.
248-56	(6) "Ferry franchise" means the existing franchises and rights to operate ferries belonging
248-57	to the Jamestown and Newport ferry company, but not including any other intangible personal
248-58	property or real estate or tangible personal property of the corporation which shall remain the
248-59	property of the corporation.
248-60	(7) "Jamestown Bridge" means the ~~existing~~ former bridge over the west passage of
248-61	Narragansett Bay between the towns of Jamestown and North Kingstown constructed by the
248-62	Jamestown Bridge commission under the provisions of chapter 2536 of the Public Laws, 1937
248-63	and the approaches thereto, and shall embrace all tollhouses, administration, and other buildings
248-64	and structures used in connection therewith, together with all property, rights, easements, and
248-65	interests acquired by the Jamestown Bridge commission in connection with the construction and
248-66	operation of the bridge.
248-67	(8) "Jamestown Verrazzano Bridge" means ~~any~~ the bridge constructed in replacement of
248-68	the Jamestown Bridge, as defined in subdivision (7) and the approaches thereto, and shall
249-1	embrace all tollhouses, administration, and other buildings and structures used in connection
249-2	therewith, together with all property, rights, easements, and interests acquired by the authority in
249-3	connection with the construction and operation of such bridge.
249-4	(9) "Mount Hope Bridge" means the existing bridge between the towns of Bristol and
249-5	Portsmouth and the approaches thereto, which was constructed by the Mount Hope Bridge
249-6	corporation and which was acquired and is now owned and operated by the Mount Hope Bridge
249-7	authority under the provisions of chapter 13 of this title, and shall embrace all tollhouses,
249-8	administration, and other buildings and structures used in connection therewith, together with all
249-9	property, rights, easements, and interests acquired by the Mount Hope Bridge corporation or the
249-10	Mount Hope Bridge authority in connection with the construction and operation of the bridge.
249-11	(10) "Newport Bridge" means the bridge or tunnel or combination of bridge and tunnel
249-12	constructed or to be constructed under the provisions of this chapter over or under the waters of
249-13	Narragansett Bay between Conanicut Island and ~~the island of Rhode~~ Aquidneck Island, shall
249-14	embrace the substructure and the superstructure thereof and the approaches thereto and the
249-15	entrance plazas, interchanges, overpasses, underpasses, tollhouses, administration, storage, and
249-16	other buildings, and highways connecting the bridge or tunnel with the Jamestown Verrazzano
249-17	Bridge (defined in subdivision (7 8) and with state highways as the authority may determine to
249-18	construct from time to time in connection therewith, together with all property, rights, easements,
249-19	and interests acquired by the authority for the construction and operation of the bridge or tunnel
249-20	or combination of bridge and tunnel.
249-21	(11) "Owner" means and include all individuals, incorporated companies, partnerships,
249-22	societies, or associations, and also municipalities, political subdivisions, and all public agencies
249-23	and instrumentalities, having any title or interest in any property, rights, easements, or franchises
249-24	authorized to be acquired under the provisions of this chapter.
249-25	(12) "Project" means the "Newport Bridge," "Mount Hope Bridge," “Sakonnet River
249-26	Bridge,” “Jamestown Verrazzano Bridge”, the "turnpike" or any "additional facility," as the case
249-27	may be, or any portion thereof which may be financed, acquired or leased under the provisions of
249-28	this chapter.
249-29	(13) "Turnpike" means the controlled access highway or any portion thereof to be
249-30	constructed or acquired, from time to time, under the provisions of this chapter from a point at or
249-31	near the Connecticut-Rhode Island border through the county of Washington and the county of
249-32	Newport to a point at or near the Massachusetts-Rhode Island border in the town of Tiverton
249-33	(excluding the Jamestown Verrazzano Bridge, the Mount Hope Bridge, the Newport Bridge, and
249-34	the Sakonnet River Bridge), together with all bridges (except those mentioned above),
250-1	overpasses, underpasses, interchanges, entrance plazas, approaches, approach roads, tollhouses,
250-2	service stations, and administration, storage, and other buildings and facilities which the authority
250-3	may deem necessary for the operation of the turnpike, together with all property, rights,
250-4	easements, and interests which may be acquired by the authority for the construction or the
250-5	operation of the turnpike.
250-6	(14) "Sakonnet River Bridge" means the replacement Sakonnet River bridge constructed
250-7	or to be constructed under the provisions of Article 36 of Chapter 376 of the Public Laws of 2003
250-8	between the towns of Tiverton and Portsmouth and shall embrace the substructure and the
250-9	superstructure thereof and the approaches thereto and the toll structures, interchanges, overpasses,
250-10	underpasses, tollhouses, administration, storage, and other buildings, and highways connecting
250-11	the bridge with state highways, as the authority may determine to construct or acquire from time
250-12	to time in connection therewith, together with all property, rights, easements, and interests
250-13	acquired by the authority for the construction and operation of the bridge.
250-14	24-12-5. Power to construct, reconstruct, renovate, acquire, maintain, repair,
250-15	operate or manage projects or additional facilities and to issue bonds. -- In order to facilitate
250-16	vehicular traffic, remove many of the present handicaps and hazards on the congested highways
250-17	in the state, alleviate the barriers caused by large bodies of water, and promote the agricultural
250-18	and industrial development of the state, the Rhode Island turnpike and bridge authority is hereby
250-19	authorized and empowered: to construct the Newport Bridge, the turnpike, any portion thereof or
250-20	any additional facility hereafter authorized to be constructed; to acquire the Mount Hope Bridge,
250-21	to acquire the Sakonnet River Bridge, to acquire the Jamestown Verrazzano Bridge and any
250-22	additional facility hereafter authorized to be acquired ~~(except the Sakonnet River Bridge)~~; to
250-23	maintain, construct, reconstruct, renovate, acquire, repair, operate or manage any project or
250-24	projects; and to issue bonds of the authority as provided in this chapter to finance any project or
250-25	projects; provided, however, that the Mount Hope Bridge shall only be acquired as provided for
250-26	by § 24-12-40A.
250-27	24-12-9. Powers of authority. -- (a) The authority is hereby authorized and empowered:
250-28	(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;
250-29	(2) To adopt an official seal and alter it at pleasure;
250-30	(3) To maintain an office at such place or places within the state as it may designate;
250-31	(4) To sue and be sued in its own name, plead and be impleaded; provided, however, that
250-32	any and all actions at law or in equity against the authority shall be brought only in the county in
250-33	which the principal office of the authority shall be located;
251-34	(5) To determine, subject to the approval of the director of transportation, the location
251-35	and the design standards of the Newport Bridge, the turnpike and any additional new facility to be
251-36	constructed;
251-37	(6) To issue bonds of the authority for any of its purposes and to refund its bonds, all as
251-38	provided in this chapter;
251-39	(7) To combine for financing purposes the Newport Bridge, the Mount Hope Bridge, the
251-40	Sakonnet River Bridge, the Jamestown Verrazzano Bridge, the turnpike and any additional
251-41	facility or facilities, or any two (2) or more of such projects;
251-42	(8) To borrow money in anticipation of the issuance of bonds for any of its purposes and
251-43	to issue notes, certificates, or other evidences of borrowing in form as may be authorized by
251-44	resolution of the authority, the notes, certificates, or other evidence of borrowing to be payable in
251-45	the first instance from the proceeds of any bonds issued under the provisions of this chapter and
251-46	to contain on their face a statement to the effect that neither the state, the authority nor any
251-47	municipality or other political subdivision of the state shall be obligated to pay the same or the
251-48	interest thereon except from the proceeds of bonds in anticipation of the issuance of which the
251-49	notes, certificates, or other evidences of borrowing shall have been issued, or from revenues;
251-50	(9) To fix and revise from time to time, subject to the provisions of this chapter, and to
251-51	charge and collect tolls for transit over the turnpike and the several parts or sections thereof, and
251-52	for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River Bridge, the
251-53	Jamestown Verrazzano Bridge and any additional facility acquired, financed or leased under the
251-54	provisions of this chapter;
251-55	(10) To acquire, lease, hold and dispose of real and personal property in the exercise of
251-56	its powers and the performance of its duties;
251-57	(11) To acquire in the name of the authority by purchase or otherwise, on such terms and
251-58	conditions and in such manner as it may deem proper, or by the exercise of the rights of
251-59	condemnation in the manner as provided by this chapter, public or private lands, including public
251-60	parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property,
251-61	rights, easements and interests as it may deem necessary for carrying out the provisions of this
251-62	chapter; provided, however, that all public property damaged in carrying out the powers granted
251-63	by this chapter shall be restored or repaired and placed in its original condition as nearly as
251-64	practicable;
251-65	(12) To designate the locations, with the approval of the director of transportation, and
251-66	establish, limit and control the points of ingress to and egress from the turnpike and any
251-67	additional facility as may be necessary or desirable in the judgment of the authority to insure the
251-68	proper operation and maintenance thereof, and to prohibit entrance to and exit from any point or
252-1	points not so designated;
252-2	(13) To employ, in its discretion, consulting engineers, attorneys, accountants,
252-3	construction and financial experts, superintendents, managers, and such other employees and
252-4	agents as may be necessary in its judgment, and to fix their compensation;
252-5	(14) To apply for, receive and accept from any federal agency aid and/or grants for or in
252-6	aid of the repair, maintenance and/or construction of the turnpike, the Newport Bridge, the
252-7	Sakonnet River Bridge, the Mount Hope Bridge, the Jamestown Verrazzano Bridge or any
252-8	additional facility, and to receive and accept from the state, from any municipality, or other
252-9	political subdivision thereof and from any other source aid or contributions of either money,
252-10	property, labor or other things of value, to be held, used and applied only for the purposes for
252-11	which the grants and contributions may be made;
252-12	(15) To construct grade separations at intersections of the turnpike, the approaches and
252-13	highway connections of the Newport Bridge, the Sakonnet River Bridge, the Mount Hope Bridge,
252-14	the Jamestown Verrazzano Bridge and any additional facility with public highways, streets, or
252-15	other public ways or places, and to change and adjust the lines and grades thereof so as to
252-16	accommodate the same to the design of the grade separation; the cost of the grade separations and
252-17	any damage incurred in changing and adjusting the lines and grades of the highways, streets,
252-18	ways, and places shall be ascertained and paid by the authority as a part of the cost of the project;
252-19	(16) To vacate or change the location of any portion of any public highway, street, or
252-20	other public way or place, sewer, pipe, main, conduit, cable, wire, tower, pole, and other
252-21	equipment and appliance of the state or of any municipality or other political subdivision of the
252-22	state and to reconstruct the same at such new location as the authority shall deem most favorable
252-23	for the project and of substantially the same type and in as good condition as the original
252-24	highway, street, way, place, sewer, pipe, main, conduit, cable, wire, tower, pole, equipment, or
252-25	appliance, and the cost of the reconstruction and any damage incurred in vacating or changing the
252-26	location thereof shall be ascertained and paid by the authority as a part of the cost of the project;
252-27	any public highway, street or other public way or place vacated or relocated by the authority shall
252-28	be vacated or relocated in the manner provided by law for the vacation or relocation of public
252-29	roads, and any damages awarded on account thereof shall be paid by the authority as a part of the
252-30	cost of the project;
252-31	(17) The authority shall also have the power to make reasonable regulations, subject to
252-32	the approval of the public utility administrator, for the installation, construction, maintenance,
252-33	repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers,
252-34	poles, and other equipment and appliances (herein called "public utility facilities") of any public
253-1	utility as defined in § 39-1-2, in, on, along, over or under any project. Whenever the authority
253-2	shall determine that it is necessary that any public facilities which now are, or hereafter may be,
253-3	located in, on, along, over, or under any project should be relocated in the project, or should be
253-4	removed from the project, the public utility owning or operating the facilities shall relocate or
253-5	remove the facilities in accordance with the order of the authority; provided, however, that the
253-6	cost and expenses of the relocation or removal, including the cost of installing the facilities in a
253-7	new location, or new locations, and the cost of any lands, or any rights or interests in lands, and
253-8	any other rights acquired to accomplish the relocation or removal, less the cost of any lands or
253-9	any rights or interests in lands of any other rights of the public utility paid to the public utility in
253-10	connection with the relocation or removal of the property, shall be ascertained and paid by the
253-11	authority as a part of the cost of the project. In case of any relocation or removal of facilities the
253-12	public utility owning or operating the facilities, its successors or assigns, may maintain and
253-13	operate the facilities, with the necessary appurtenances, in the new location or new locations, for
253-14	as long a period, and upon the same terms and conditions, as it had the right to maintain and
253-15	operate the facilities in their former location or locations;
253-16	(18) To make reasonable regulations and to grant easements for the installation,
253-17	construction, maintenance, repair, renewal, relocation, and removal of pipelines, other equipment,
253-18	and appliances of any corporation or person owning or operating pipelines in, on, along, over, or
253-19	under the turnpike, whenever the authority shall determine that it is necessary that any facilities
253-20	which now are, or hereafter may be located in, on, along, over or under the turnpike should be
253-21	relocated in the turnpike, or should be removed from the turnpike, the corporation or person
253-22	owning or operating the facilities shall relocate or remove the facilities in accordance with the
253-23	order of the authority; provided, however, that the cost and expense of the relocation or removal,
253-24	including the cost of installing the facilities in a new location, or new locations, and the cost of
253-25	any lands, or any rights or interests in lands, and any other rights acquired to accomplish the
253-26	relocation or removal, less the cost of any lands or any rights or interests in lands or any other
253-27	rights of any corporation or person paid to any corporation or person in connection with the
253-28	relocation or removal of the property, shall be ascertained and paid by the authority as a part of
253-29	the cost of the project. In case of any relocation or removal of facilities the corporation or person
253-30	owning or operating the facilities, its successors or assigns, may maintain and operate the
253-31	facilities, with the necessary appurtenances, in the new location or new locations, for as long a
253-32	period, and upon the same terms and conditions, as it had the right to maintain and operate the
253-33	facilities in their former location or locations;
254-34	(19) To enter upon any lands, waters, and premises for the purpose of making such
254-35	surveys, soundings, borings, and examinations as the authority may deem necessary or
254-36	convenient for its purposes, and the entry shall not be deemed a trespass, nor shall an entry for
254-37	such purposes be deemed an entry under any condemnation proceedings; provided, however, the
254-38	authority shall pay any actual damage resulting to the lands, water, and premises as a result of the
254-39	entry and activities as a part of the cost of the project;
254-40	(20) To enter into contracts or agreements with any board, commission, public
254-41	instrumentality of another state or the federal government or with any political subdivision of
254-42	another state relating to the connection or connections to be established between the turnpike or
254-43	any additional facility with any public highway or turnpike now in existence or hereafter to be
254-44	constructed in another state, and with respect to the construction, maintenance and operation of
254-45	interstate turnpikes or expressways;
254-46	(21) To enter into contracts with the department of transportation with respect to the
254-47	construction, reconstruction, renovation, acquisition, maintenance, repair, mitigation,
254-48	remediation, operation or management of any project and with the Rhode Island state police with
254-49	respect to the policing of any project;
254-50	(22) To make and enter into all contracts and agreements necessary or incidental to the
254-51	performance of its duties and the execution of its powers under this chapter; and
254-52	(23) To do all other acts and things necessary or convenient to carry out the powers
254-53	expressly granted in this chapter.
254-54	(24) To grant and/or contract through the transfer of funds of the authority to the
254-55	department of transportation for the construction, reconstruction, acquisition, maintenance, repair,
254-56	operation or management by the department of transportation of any project or projects
254-57	authorized by this chapter, and the department of transportation is authorized to accept any such
254-58	grant or transfer of funds.
254-59	(b) Provided, the authority in carrying out the provisions of this section shall hold public
254-60	hearings ~~in the city or town where a proposed project will be located~~ prior to the finalization of
254-61	any specifications or the awarding of any contracts for any project.
254-62	24-12-18. Bonds. -- (a) Issuance and sale of revenue bonds. ~~Subject to the provisions of~~
254-63	~~§§24-12-21 24-12-24~~ tThe authority is hereby authorized to provide by resolution for the
254-64	issuance, at one time or in series from time to time, of revenue bonds of the authority for the
254-65	purpose of paying all or a part of the cost of any one or more projects, the construction,
254-66	reconstruction, renovation, acquisition, maintenance, repair, operation or management of which is
254-67	authorized by this chapter, and making provision for working capital and a debt service reserve
254-68	~~for interest~~. The principal of and the interest on the bonds shall be payable solely from the funds
255-1	herein provided for the payment. The bonds of each issue shall be dated, shall bear interest at
255-2	such rate or rates per annum, shall mature at such time or times not exceeding fifty (50) years
255-3	from their date or dates, as may be determined by the authority, and may be made redeemable
255-4	before maturity, at the option of the authority, at such price or prices and under such terms and
255-5	conditions as may be fixed by the authority prior to the issuance of the bonds. The authority may
255-6	sell such bonds in such manner, either at public or private sale, and for such price, as it may
255-7	determine to be for the best interests of the authority~~, but no such sale shall be made at a price~~
255-8	~~less than ninety-seven percent (97%) of the principal amount of the bonds~~.
255-9	(b) Form and execution of all bonds. The authority shall determine the form and the
255-10	manner of execution of all bonds issued under the provisions of this chapter, including any
255-11	interest coupons to be attached thereto, and shall fix the denomination or denominations of the
255-12	bonds and the place or places of payment of the principal and interest, which may be at any bank
255-13	or trust company within or without the state. In case any officer whose signature or a facsimile of
255-14	whose signature shall appear on any bonds or coupons shall cease to be an officer before the
255-15	delivery of the bonds, the signature or the facsimile shall nevertheless be valid and sufficient for
255-16	all purposes the same as if the officer had remained in office until the delivery, and any bond may
255-17	bear the facsimile signature of, or may be signed by, the persons as at the actual time of the
255-18	execution of the bond shall be the proper officers to sign the bond although at the date of the bond
255-19	the persons may not have been the officers. The bonds may be issued in coupon or in registered
255-20	form, and in certificated or book entry only form as the authority may determine, and provision
255-21	may be made for the registration of any coupon bonds as to principal alone and also as to both
255-22	principal and interest, for the reconversion into coupon bonds of any bonds registered as to both
255-23	principal and interest, and for the interchange of registered and coupon bonds.
255-24	24-12-26. Power to collect tolls and charges – Gasoline and service concessions. --
255-25	(a) The authority is hereby authorized, subject to the provisions of this chapter, to fix, revise,
255-26	charge and collect tolls for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet
255-27	River Bridge (subject to federal regulations and approvals), the turnpike and the different parts or
255-28	sections thereof, and for the use of any additional facility and the different parts or sections
255-29	thereof, and to contract with any person, partnership, association or corporation for placing on
255-30	any project telephone, telegraph, electric light or power lines, gas stations, garages, and
255-31	restaurants if deemed necessary by the authority in connection with the project, or for the use of
255-32	any project or part thereof, including the right-of-way adjoining the paved portion of the turnpike
255-33	or of any additional facility or for any other purposes and to fix the terms, conditions, rents and
255-34	rates of charges for such use; provided, that the authority shall construct any gasoline service
256-1	facilities which it may determine are needed on the project, and provided, further, that, to afford
256-2	users of the project a reasonable choice of motor fuels of different brands, each gasoline service
256-3	station shall be separately offered for lease upon sealed bids and, after notice of the offer has been
256-4	published once a week in three (3) consecutive weeks in a newspaper having general circulation
256-5	in the state, and, in the event an acceptable bid shall be received in the judgment of the authority,
256-6	each lease shall be awarded to the highest responsible bidder therefor, but no person shall be
256-7	awarded or have the use of, nor shall motor fuel identified by the trade-marks, trade names, or
256-8	brands of any one supplier, distributor, or retailer of such fuel be sold at more than one service
256-9	station if they would constitute more than twenty-five percent (25%) of the service stations on the
256-10	project. Notwithstanding the provisions of this section, members of the town of Jamestown police
256-11	and fire department and ambulance service personnel of the town of Jamestown and Jamestown
256-12	school department who, in the course of their duty, are required to pay a toll for use of the
256-13	Newport Bridge, shall, upon the presentment of receipts for the payment of the toll to the town of
256-14	Jamestown, be reimbursed for all charges on an annual basis by the town of Jamestown who in
256-15	turn shall be reimbursed for all payments made by the state. Notwithstanding the provisions of
256-16	this section, members of the city of Newport police and fire department and rescue personnel
256-17	who, in the course of their duty, are required to pay a toll for use of the Newport Bridge, shall,
256-18	upon the presentment of receipts for the payment of the toll to the city of Newport, be reimbursed
256-19	for all charges on an annual basis by the city of Newport who in turn shall be reimbursed for all
256-20	payments made by the state.
256-21	(b) Notwithstanding the provisions of this section, members of the police and fire
256-22	department and rescue personnel of any city or town in this state who, in the course of their duty,
256-23	are required to pay a toll for use of the Mount Hope Bridge or the Sakonnet River Bridge, shall,
256-24	upon the presentment of receipts for the payment of the toll to their town or city, be reimbursed
256-25	for all such charges on an annual basis by the town or city, who in turn shall be reimbursed for all
256-26	payments made by the state.
256-27	24-12-28. Revenues pledged to sinking fund. -- To the extent provided in the resolution
256-28	authorizing the issuance of bonds or finance lease or in the trust agreement securing the same, the
256-29	tolls and all other revenues received by the authority ~~derived from the project or projects or~~
256-30	~~portion or portions in connection with which the bonds of any one or more series shall have been~~
256-31	~~issued~~, shall be set aside at such regular intervals as may be provided in the resolution or the trust
256-32	agreement in a sinking fund or funds which shall be pledged to, and charged with, the payment of
256-33	the lease payments and/or of the principal of and the interest on the bonds as the bonds shall
256-34	become due, and the redemption price or the purchase price of bonds or other obligations retired
257-1	by call or purchase as provided in the resolution or trust agreement. The pledge shall be valid and
257-2	binding from the time when the pledge is made; the tolls and other revenues or other money so
257-3	pledged and thereafter received by the authority shall immediately be subject to the lien of the
257-4	pledge without any physical delivery thereof or further act, and the lien of any pledge shall be
257-5	valid and binding as against all parties having claims of any kind in tort, contract, or otherwise
257-6	against the authority, irrespective of whether the parties have notice thereof. Neither the
257-7	resolution nor any trust agreement by which a pledge is created need be filed or recorded except
257-8	in the records of the authority. The use and disposition of money to the credit of each sinking
257-9	fund shall be subject to the provisions of the resolution authorizing the issuance of the lease, the
257-10	bonds or of the trust agreement. Notwithstanding any provision(s) of Section 3 of Article 6 of
257-11	Chapter 23 of the Public Laws of 2010, the provisions of this section shall apply to all bonds
257-12	issued or to be issued by the authority.
257-13	24-12-39. Transfer of projects to state – Dissolution of authority.-- When all bonds
257-14	issued under the provisions of this chapter and the interest thereon shall have been paid or a
257-15	sufficient amount for the payment of all the bonds and the interest thereon to the maturity thereof
257-16	shall have been set aside in trust for the benefit of the bondholders, all projects financed under the
257-17	provisions of this chapter ~~shall~~ may be transferred to the state in good condition and repair, and
257-18	thereupon the authority shall be dissolved and all funds of the authority not required for the
257-19	payment of bonds shall be paid to the general treasurer for the use of the state and all machinery,
257-20	equipment and other property belonging to the authority shall be vested in the state and delivered
257-21	to the department of transportation.
257-22	24-12-50. Relationship to department of transportation. -- (a) The department of
257-23	transportation is hereby constituted as the agency for the authority in carrying out all of the
257-24	powers to construct, acquire, operate, and maintain turnpikes and bridges as conferred by the
257-25	general laws upon the authority.
257-26	(b) Nothing in chapter 13 of title 42 or in this amendment to chapter 12 of title 24 shall
257-27	limit the discretions, powers, and authorities of the Rhode Island turnpike and bridge authority
257-28	necessary or desirable for it to execute and carry out the covenants, agreements, duties, and
257-29	liabilities assumed by it in the trust agreement by and between the authority ~~and the Rhode Island~~
257-30	~~hospital trust company, as~~ the then serving trustee under indenture dated as of ~~December 1, 1965~~
257-31	April 1, 2010, as supplemented from time to time, nor shall these chapters be construed in any
257-32	way to affect the rights, privileges, powers, and remedies of any trustee ~~the Rhode Island hospital~~
257-33	~~trust company~~ and its successors, or of the holders of the bonds issued under any indenture, or
257-34	under any resolutions of the authority.
258-1	SECTION 4. Chapter 24-12 of the General Laws entitled “Rhode Island Turnpike and
258-2	Bridge Authority” is hereby amended by adding thereto the following sections:
258-3	24-12-40.F. Title to Sakonnet River Bridge vested in Rhode Island turnpike and
258-4	bridge authority – Institution of tolls. -- All powers, control, and jurisdiction of and title to the
258-5	Sakonnet River Bridge is authorized to be transferred to the Rhode Island turnpike and bridge
258-6	authority. The authority may charge and collect tolls for the use of the Sakonnet River Bridge to
258-7	provide funds sufficient with any other monies available therefor for paying the costs of
258-8	acquiring, leasing, maintaining, repairing and operating, the Jamestown Verrazzano Bridge, the
258-9	Mount Hope Bridge, the Newport Bridge, and the Sakonnet River Bridge, the turnpike and
258-10	additional facilities.
258-11	24-12-40.G. Title to Jamestown Verrazzano Bridge vested in Rhode Island turnpike
258-12	and bridge authority -- All powers, control, and jurisdiction of and title to the Jamestown
258-13	Verrazzano Bridge is authorized to be transferred to the Rhode Island turnpike and bridge
258-14	authority.
258-15	SECTION 5. This article shall take effect upon passage.
258-16	ARTICLE 21
258-17	RELATING TO ABUSED AND NEGLECTED CHILDREN
258-18	SECTION 1. Section 40-11-7 of the General Laws in Chapter 40-11 entitled “Abused
258-19	and Neglected Children “is hereby amended to read as follows:
258-20	40-11-7. Investigation of reports--Petition for removal from custody--Report to child
258-21	advocate--Attorney general--Court-appointed special advocate.-- (a) The department shall
258-22	investigate reports of child abuse and neglect made under this chapter in accordance with the
258-23	rules the department has promulgated and in order to determine the circumstances surrounding
258-24	the alleged abuse or neglect and the cause thereof. The investigation shall include personal
258-25	contact with the child named in the report and any other children in the same household. Any
258-26	person required to investigate reports of child abuse and/or neglect may question the subjects of
258-27	those reports with or without the consent of the parent or other person responsible for the child’s
258-28	welfare. The interviewing of the child or children, if they are of the mental capacity to be
258-29	interviewed, shall take place in the absence of the person or persons responsible for the alleged
258-30	neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is
258-31	denied reasonable access to a child by the parents or other person, and that person required to
258-32	investigate deems that the best interests of the child so require, they may request the intervention
258-33	of a local law enforcement agency, or seek an appropriate court order to examine and interview
258-34	the child. The department shall provide such social services and other services as are necessary to
259-1	protect the child and preserve the family.
259-2	(b) In the event that after investigation it is determined by the department that the child is
259-3	being or has been abused or neglected but that the circumstances of the child’s family or
259-4	otherwise do not require the removal of the child for his or her protection, the department may
259-5	allow the child to remain at home and provide the family and child with access to preventative
259-6	support and services. In addition, the department is authorized to petition the family court for an
259-7	order for the provision of treatment of the family and child.
259-8	(c) The department shall have the duty to petition the family court for removal of the
259-9	child from the care and custody of the parents, or any other person having custody or care of the
259-10	child if there is a determination that a child has been abused or neglected; which results in a child
259-11	death, serious physical or emotional harm, sexual abuse or exploitation or an act or failure to act
259-12	which represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or
259-13	neglect, the department may petition the family court for the removal of the alleged perpetrator of
259-14	that abuse, and/or neglect from the household of the child or children when the child or children
259-15	are eleven (11) years of age or older. It shall be the responsibility of the department to make the
259-16	parent or other person responsible for the child’s welfare aware of the court action, the possible
259-17	consequences of the court action, and to explain the rights of the parent relative to the court
259-18	action.
259-19	(d) The department shall forward immediately any reports of institutional child abuse and
259-20	neglect to the child advocate who shall investigate the report in accordance with chapter 73 of
259-21	title 42, and also to any guardian ad litem and/or attorney of record for the child.
259-22	(e) In the event that after investigation the department takes any action regarding
259-23	placement of the child, the department shall immediately notify the child advocate of such action.
259-24	(f) In the event that after investigation the department has reasonable cause to know or
259-25	suspect that a child has been subjected to criminal abuse or neglect, the department shall forward
259-26	immediately any information as it relates to that knowledge or suspicion to the law enforcement
259-27	agency.
259-28	SECTION 2. This article shall take effect upon passage.
259-29	ARTICLE 22
259-30	RELATING TO DEPARTMENT OF CORRECTIONS
259-31	SECTION 1. Section 28-12-4.3 of the General Laws in Chapter 28-12 entitled
259-32	“Minimum Wages” is hereby amended to read as follows:
259-33	28-12-4.3. Exemptions. -- (a) The provisions of §§ 28-12-4.1 and 28-12-4.2 do not apply
259-34	to the following employees:
260-1	(1) Any employee of a summer camp when it is open no more than six (6) months of the
260-2	year.
260-3	(2) Police officers, firefighters, and rescue service personnel employed by the cities and
260-4	towns.
260-5	(3) Employees of the state or political subdivision of the state who may elect through a
260-6	collective bargaining agreement, memorandum of understanding, or any other agreement between
260-7	the employer and representatives of the employees, or if the employees are not represented by an
260-8	exclusive bargaining agent, through an agreement or understanding arrived at between the
260-9	employer and the employee prior to the performance of work, to receive compensatory time off
260-10	for hours worked in excess of forty (40) in a week. The compensatory hours shall at least equal
260-11	one and one half (1 1/2) times the hours worked over forty (40) in a week. If compensation is paid
260-12	to an employee for accrued compensatory time, the compensation shall be paid at the regular rate
260-13	earned by the employee at the time of payment. At the time of termination, unused accrued
260-14	compensatory time shall be paid at a rate not less than:
260-15	(i) The average regular rate received by the employee during the last three (3) years of the
260-16	employee's employment, or
260-17	(ii) The final regular rate received by the employee, whichever is higher.
260-18	(4) Any employee employed in a bona fide executive, administrative, or professional
260-19	capacity, as defined by the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq.,
260-20	compensated for services on a salary basis of not less than two hundred dollars ($200) per week.
260-21	(5) Any employee as defined in subparagraph (a)(4) of this section unless the wages of
260-22	the employee, if computed on an hourly basis, would violate the applicable minimum wage law.
260-23	(6) Any salaried employee of a nonprofit national voluntary health agency who elects to
260-24	receive compensatory time off for hours worked in excess of forty (40) hours per week.
260-25	(7) Any employee, including drivers, driver's helpers, mechanics, and loaders of any
260-26	motor carrier, including private carriers, with respect to whom the U.S. secretary of transportation
260-27	has power to establish qualifications and maximum hours of service pursuant to the provisions of
260-28	49 U.S.C. § 3102.
260-29	(8) Any employee who is a salesperson, parts person, or mechanic primarily engaged in
260-30	the sale and/or servicing of automobiles, trucks or farm implements, and is employed by a non-
260-31	manufacturing employer primarily engaged in the business of selling vehicles or farm implements
260-32	to ultimate purchasers, to the extent that the employers are exempt under the federal Wage-Hour
260-33	and Equal Pay Act, 29 U.S.C. § 201 et seq. and 29 U.S.C. § 213(b)(10); provided, that the
260-34	employee's weekly, bi-weekly, or monthly actual earnings exceed an amount equal to the
261-1	employee's basic contractual hourly rate of pay times the number of hours actually worked plus
261-2	the employee's basic contractual hourly rate of pay times one-half ( 1/2) the number of hours
261-3	actually worked in excess of forty (40) hours per week.
261-4	(9) Any employee employed in agriculture; however, this exemption applies to all
261-5	agricultural enterprises that produce greenhouse crops, fruit and vegetable crops, herbaceous
261-6	crops, sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming,
261-7	aquaculture, the raising of livestock, furbearing animals, poultry and eggs, bees and honey,
261-8	mushrooms, and nursery stock. This exemption also applies to nursery workers.
261-9	(10) Correctional officers employed by the state.
261-10	(b) Nothing in this section exempts any employee who under applicable federal law is
261-11	entitled to overtime pay or benefits related to overtime pay.
261-12	SECTION 2. Section 42-56-10 of the General Laws in Chapter 42-56 entitled
261-13	“Corrections Department” is hereby amended to read to as follows:
261-14	42-56-10. Powers of the director.-- In addition to exercising the powers and performing
261-15	the duties, which are otherwise given to him or her by law, the director of the department of
261-16	corrections shall:
261-17	(1) Designate, establish, maintain, and administer those state correctional facilities that he
261-18	or she deems necessary, and may discontinue the use of those state correctional facilities that he
261-19	or she deems appropriate for that action;
261-20	(2) Maintain security, safety, and order at all state correctional facilities, utilize the
261-21	resources of the department to prevent escapes from any state correctional facility, take all
261-22	necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of
261-23	any state correctional facility, including, but not limited to, the development, planning, and
261-24	coordination of emergency riot procedures, and take suitable measures for the restoration of
261-25	order;
261-26	(3) Establish and enforce standards for all state correctional facilities;
261-27	(4) Supervise and/or approve the administration by the assistant directors of the
261-28	department;
261-29	(5) Manage, direct, and supervise the operations of the department;
261-30	(6) Direct employees in the performance of their official duties;
261-31	(7) Hire, promote, transfer, assign, and retain employees and suspend, demote, discharge,
261-32	or take other necessary disciplinary action;
261-33	(8) Maintain the efficiency of the operations of the department;
262-34	(9) Determine the methods, means, and personnel by which those operations of the
262-35	department are to be conducted;
262-36	(10) Relieve employees from duties because of lack of work or for other legitimate
262-37	reasons;
262-38	(11) Establish, maintain, and administer programs, including, but not limited to,
262-39	education, training, and employment, of persons committed to the custody of the department,
262-40	designed as far as practicable to prepare and assist each person to assume the responsibilities and
262-41	exercise the rights of a citizen of this state;
262-42	(12) Establish a system of classification of persons committed to the custody of the
262-43	department for the purpose of developing programs for each person in order to effectively
262-44	develop an individualized program for each sentenced inmate that will address each offender's
262-45	individual treatment and rehabilitative needs, the department of corrections is authorized to
262-46	receive, with the express consent of the inmate, and upon request to the department of children,
262-47	youth and families, the offender's juvenile arrest and/or adjudication records. Information related
262-48	to the juvenile's family members and other third parties, excluding law enforcement personnel,
262-49	shall be redacted from the records provided prior to their release to the department. The records
262-50	will be disclosed to only those department personnel directly responsible for, and only for the
262-51	purpose of, developing the individualized program for the offender.
262-52	(13) Determine at the time of commitment, and from time to time thereafter, the custody
262-53	requirements and program needs of each person committed to the custody of the department and
262-54	assign or transfer those persons to appropriate facilities and programs;
262-55	(14) Establish training programs for employees of the department;
262-56	(15) Investigate grievances and inquire into alleged misconduct within the department;
262-57	(16) Maintain adequate records of persons committed to the custody of the department;
262-58	(17) Establish and maintain programs of research, statistics, and planning, and conduct
262-59	studies relating to correctional programs and responsibilities of the department;
262-60	(18) Utilize, as far as practicable, the services and resources of specialized community
262-61	agencies and other local community groups in the development of programs, recruitment of
262-62	volunteers, and dissemination of information regarding the work and needs of the department;
262-63	(19) Make and enter into any contracts and agreements necessary or incidental to the
262-64	performance of the duties and execution of the powers of the department, including, but not
262-65	limited to, contracts to render services to committed offenders, and to provide for training or
262-66	education for correctional officers and staff;
262-67	(20) Seek to develop civic interest in the work of the department and educate the public
262-68	to the needs and goals of the corrections process;
263-1	(21) Expend annually in the exercise of his or her powers, performance of his or her
263-2	duties, and for the necessary operations of the department those sums that may be appropriated by
263-3	the general assembly; and
263-4	(22) Make and promulgate necessary rules and regulations incident to the exercise of his
263-5	or her powers and the performance of his or her duties, including, but not limited to, rules and
263-6	regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services,
263-7	communication, and visiting privileges, classification, education, training, employment, care, and
263-8	custody for all persons committed to correctional facilities.
263-9	(23) Make and promulgate regulations to provide:
263-10	(a) Written notice to licensed nursing facilities, licensed assisted living residences, and
263-11	housing for the elderly whenever a person seeking to reside in one of these facilities or residences
263-12	is being released on parole for any of the following offenses: murder, voluntary manslaughter,
263-13	involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree
263-14	sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit
263-15	specified felonies (murder, robbery, rape, or burglary), felony assault, patient abuse, neglect or
263-16	mistreatment of patients, burglary, first degree arson, felony larceny or robbery;
263-17	(b) A risk assessment process to identify and recommend safety or security measures
263-18	necessary for the protection of other residents or clients including whether the parolee should be
263-19	prohibited from residing in any such facility or residence or segregated from other residents or
263-20	clients to protect the security and safety of other residents;
263-21	(c) The written notice to licensed nursing facilities, assisted living residences, or housing
263-22	for the elderly shall include charge information and disposition about the offense for which the
263-23	resident or client has been paroled, contact information for the resident's or client's parole
263-24	supervisor, a copy of the risk assessment and recommendations, if any, regarding safety and
263-25	security measures. A copy of the written notice shall be provided to the parolee; and
263-26	(d) A process for notifying the appropriate state regulatory agency and the state long-term
263-27	care ombudsman whenever notice as required in subdivision 42-56-10(23)(a) above has been
263-28	given.
263-29	~~(24) Notwithstanding the enumeration of the powers of the director as set forth in this~~
263-30	~~section, and notwithstanding any other provision of the general laws, the validity and~~
263-31	~~enforceability of the provisions of a collective bargaining agreement shall not be contested,~~
263-32	~~affected, or diminished, nor shall any arbitration award be vacated, remanded or set aside on the~~
263-33	~~basis of an alleged conflict with this section or with any other provision of the general laws.~~
264-34	SECTION 3. This article shall take effect upon passage.
264-35	ARTICLE 23
264-36	RELATING TO COMPENSATION OF BOARD MEMBERS
264-37	SECTION 1. Section 17-7-4 of the General Laws in Chapter 17-7 entitled “State Board
264-38	of Elections“ is hereby amended to read as follows:
264-39	17-7-4. Oath of members ~~– Compensation~~. -- Before entering upon his or her duties,
264-40	each member of the board shall take an oath of office before the supreme court in which the
264-41	member shall swear or affirm faithfully and impartially to administer the duties of his or her
264-42	office without regard to partisan or political considerations. Members of the board of elections
264-43	shall ~~be compensated at the rate of seven thousand dollars ($7,000) per year~~ not be compensated
264-44	for their service on the board, but shall be reimbursed for all actual traveling, incidental, and
264-45	clerical expenses that they incur in carrying out the provisions of this chapter.
264-46	SECTION 2. Section 28-7-7 of the General Laws in Chapter 28-7 entitled “Labor
264-47	Relations Act“ is hereby amended to read as follows:
264-48	28-7-7. ~~Compensation and e~~ Expenses of members – Provision of assistance. -- ~~The~~
264-49	~~compensation for members of the board shall be established by the unclassified pay plan board.~~
264-50	The members of the Rhode Island state labor relations board shall not be compensated for their
264-51	service on the board, but shall be reimbursed for all actual traveling, incidental, and clerical
264-52	expenses that they incur in carrying out the provisions of this chapter. The director of labor and
264-53	training is authorized and directed to provide the board with any clerical, legal and other
264-54	assistance that shall be necessary to permit the board to perform its duties as provided in this
264-55	chapter. ~~The reasonable and necessary traveling and other expenses of the members of the board~~
264-56	~~while actually engaged in the performance of their duties shall be paid from the state treasury~~
264-57	~~upon the audit and warrant of the controller, upon vouchers approved by the director of labor and~~
264-58	~~training and the chairperson.~~ The board shall have the authority to select its own legal counsel
264-59	consistent with available funds and the counsel shall work at the direction of the board.
264-60	SECTION 3. Section 36-3-8 of the General Laws in Chapter 36-3 entitled “Division of
264-61	Personnel Administration” is hereby amended to read as follows:
264-62	36-3-8. Organization and meetings of board – Compensation of members. -- The
264-63	board shall elect one of its members chairperson. Each member shall take the oath of office
264-64	before entering upon the duties of the office. Members of the board shall ~~be reimbursed for~~
264-65	~~necessary travel and other expenses and each member of the board shall be paid an annual salary~~
264-66	~~of seven thousand two hundred dollars ($7,200).~~ not be compensated for their service on the
264-67	board, but shall be reimbursed for all actual traveling, incidental, and clerical expenses that they
264-68	incur in carrying out the provisions of this chapter. The board shall meet at times and places as
265-1	shall be specified by call of the chairperson or the governor. Notice of each meeting shall be
265-2	given in writing to each member. Three (3) members shall constitute a quorum for the transaction
265-3	of business.
265-4	SECTON 4. This article shall take effect as of July 1, 2012.
265-5	ARTICLE 24
265-6	RELATING TO TAXATION AND REVENUES
265-7	SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled
265-8	“Licensing of Health Care Facilities” is hereby amended to read as follows:
265-9	23-17-38.1. Hospitals – Licensing fee. -- ~~(a) There is imposed a hospital licensing fee at~~
265-10	~~the rate of five and four hundred sixty-five thousandths percent (5.465%) upon the net patient~~
265-11	~~services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,~~
265-12	~~2009. This licensing fee shall be administered and collected by the tax administrator, division of~~
265-13	~~taxation within the department of administration, and all the administration, collection and other~~
265-14	~~provisions of chapters 50 and 51 of title 44 shall apply. Every hospital shall pay the licensing fee~~
265-15	~~to the tax administrator on or before July 18, 2011 and payments shall be made by electronic~~
265-16	~~transfer of monies to the general treasurer and deposited to the general fund in accordance with §~~
265-17	~~44-50-11 [repealed]. Every hospital shall, on or before June 20, 2011, make a return to the tax~~
265-18	~~administrator containing the correct computation of net patient services revenue for the hospital~~
265-19	~~fiscal year ending September 30, 2009, and the licensing fee due upon that amount. All returns~~
265-20	~~shall be signed by the hospital's authorized representative, subject to the pains and penalties of~~
265-21	~~perjury.~~
265-22	~~(b)~~(a) There is ~~also~~ imposed a hospital licensing fee at the rate of five and forty-three
265-23	hundredths percent (5.43%) upon the net patient services revenue of every hospital for the
265-24	hospital's first fiscal year ending on or after January 1, 2010. This licensing fee shall be
265-25	administered and collected by the tax administrator, division of taxation within the department of
265-26	administration, and all the administration, collection and other provisions of chapters 50 and 51 of
265-27	title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before
265-28	July 16, 2012 and payments shall be made by electronic transfer of monies to the general
265-29	treasurer and deposited to the general fund in accordance with section 44-50-11 [repealed]. Every
265-30	hospital shall, on or before June 18, 2012, make a return to the tax administrator containing the
265-31	correct computation of net patient services revenue for the hospital fiscal year ending September
265-32	30, 2010, and the licensing fee due upon that amount. All returns shall be signed by the hospital's
265-33	authorized representative, subject to the pains and penalties of perjury.
266-34	(b) There is also imposed a hospital licensing fee at the rate of five and forty-three
266-35	hundredths percent (5.43%) upon the net patient services revenue of every hospital for the
266-36	hospital's first fiscal year ending on or after January 1, 2010. This licensing fee shall be
266-37	administered and collected by the tax administrator, division of taxation within the department of
266-38	revenue, and all the administration, collection and other provisions of 51 of title 44 shall apply.
266-39	Every hospital shall pay the licensing fee to the tax administrator on or before July 15, 2013 and
266-40	payments shall be made by electronic transfer of monies to the general treasurer and deposited to
266-41	the general fund. Every hospital shall, on or before June 17, 2013, make a return to the tax
266-42	administrator containing the correct computation of net patient services revenue for the hospital
266-43	fiscal year ending September 30, 2010, and the licensing fee due upon that amount. All returns
266-44	shall be signed by the hospital's authorized representative, subject to the pains and penalties of
266-45	perjury.
266-46	(c) For purposes of this section the following words and phrases have the following
266-47	meanings:
266-48	(1) "Hospital" means a person or governmental unit duly licensed in accordance with this
266-49	chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and
266-50	primary bed inventory are psychiatric.
266-51	(2) "Gross patient services revenue" means the gross revenue related to patient care
266-52	services.
266-53	(3) "Net patient services revenue" means the charges related to patient care services less
266-54	(i) charges attributable to charity care, (ii) bad debt expenses, and (iii) contractual allowances.
266-55	(d) The tax administrator shall make and promulgate any rules, regulations, and
266-56	procedures not inconsistent with state law and fiscal procedures that he or she deems necessary
266-57	for the proper administration of this section and to carry out the provisions, policy and purposes
266-58	of this section.
266-59	(e) The licensing fee imposed by this section shall apply to hospitals as defined herein
266-60	which are duly licensed on July 1, 2011, and shall be in addition to the inspection fee imposed by
266-61	§ 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1.
266-62	SECTION 2. Sections 42-63.1-2 and 42-63.1-13 of the General Laws in Chapter 42-63.1
266-63	entitled "Tourism and Development" are hereby amended to read as follows:
266-64	42-63.1-2. Definitions. -- For the purposes of this chapter:
266-65	(1) "Consideration" means the monetary charge for the use of space devoted to transient
266-66	lodging accommodations.
266-67	(2) "Corporation" means the Rhode Island economic development corporation.
267-68	(3) "District" means the regional tourism districts set forth in § 42-63.1-5.
267-69	(4) "Hotel" means any facility offering a minimum of ~~three (3)~~ one (1) rooms for which
267-70	the public may, for a consideration, obtain transient lodging accommodations. The term "hotel"
267-71	shall include bed and breakfast (or B&B), hotels, motels, tourist homes, tourist camps, lodging
267-72	houses, and inns. The term “hotel” shall also include houses, condominiums or other dwelling
267-73	units which are rented out for a total of fifteen (15) days or more per year. ~~and~~ The term
267-74	“hotel”shall not ~~exclude~~ include schools, hospitals, sanitariums, nursing homes, and chronic care
267-75	centers.
267-76	(5) "Occupancy" means a person, firm or corporation's use of space ordinarily used for
267-77	transient lodging accommodations not to exceed thirty (30) days. Excluded from "occupancy" is
267-78	the use of space for which the occupant has a written lease for the space, which lease covers a
267-79	rental period of twelve (12) months or more.
267-80	(6) "Tax" means the hotel tax imposed by subsection 44-18-36.1(a).
267-81	42-63.1-13. Annual report. -- Each entity which administers a regional tourism district
267-82	pursuant to § 42-63.1-5 shall submit to the state budget office, the state tax administrator, the
267-83	chairperson of the house finance committee, and the chairperson of the senate finance committee
267-84	by the first day of ~~March~~ February and the first day of ~~September~~ August of each year, a
267-85	complete and detailed report, for the prior six (6) month period ending thirty (30) days prior to the
267-86	reporting date, setting forth: (1) the district's operations and accomplishments; and (2) the
267-87	district's receipts and expenditures of funds received pursuant to § 42-63.1-3. If these reports are
267-88	not submitted by the required due dates, the tax administrator is authorized to withhold the
267-89	transfer of funds due the respective district pursuant to § 46-63.1-3, until such time that the
267-90	district complies with this requirement.
267-91	SECTION 3. Section 42-64-20 of the General Laws in Chapter 42-64 entitled
267-92	“Exemption from Taxation” is hereby amended to read as follows:
267-93	42-64-20. Exemption from taxation. -- (a) The exercise of the powers granted by this
267-94	chapter will be in all respects for the benefit of the people of this state, the increase of their
267-95	commerce, welfare, and prosperity and for the improvement of their health and living conditions
267-96	and will constitute the performance of an essential governmental function and the corporation
267-97	shall not be required to pay any taxes or assessments upon or in respect of any project or of any
267-98	property or moneys of the Rhode Island economic development corporation, levied by any
267-99	municipality or political subdivision of the state; provided, that the corporation shall make
267-100	payments in lieu of real property taxes and assessments to municipalities and political
267-101	subdivisions with respect to projects of the corporation located in the municipalities and political
267-102	subdivisions during those times that the corporation derives revenue from the lease or operation
268-1	of the projects. Payments in lieu of taxes shall be in amounts agreed upon by the corporation and
268-2	the affected municipalities and political subdivisions. Failing the agreement, the amounts of
268-3	payments in lieu of taxes shall be determined by the corporation using a formula that shall
268-4	reasonably ensure that the amounts approximate the average amount of real property taxes due
268-5	throughout the state with respect to facilities of a similar nature and size. Any municipality or
268-6	political subdivision is empowered to accept at its option an amount of payments in lieu of taxes
268-7	less than that determined by the corporation. If, pursuant to § 42-64-13(f), the corporation shall
268-8	have agreed with a municipality or political subdivision that it shall not provide all of the
268-9	specified services, the payments in lieu of taxes shall be reduced by the cost incurred by the
268-10	corporation or any other person in providing the services not provided by the municipality or
268-11	political subdivision.
268-12	(b) The corporation shall not be required to pay state taxes of any kind, and the
268-13	corporation, its projects, property, and moneys and, except for estate, inheritance, and gift taxes,
268-14	any bonds or notes issued under the provisions of this chapter and the income (including gain
268-15	from sale or exchange) from these shall at all times be free from taxation of every kind by the
268-16	state and by the municipalities and all political subdivisions of the state. The corporation shall not
268-17	be required to pay any transfer tax of any kind on account of instruments recorded by it or on its
268-18	behalf.
268-19	(c) For purposes of the exemption from taxes and assessments upon or in respect of any
268-20	project under subsections (a) or (b) of this section, the corporation shall not be required to hold
268-21	legal title to any real or personal property, including any fixtures, furnishings or equipment which
268-22	are acquired and used in the construction and development of the project, but the legal title may
268-23	be held in the name of a lessee (including sublessees) from the corporation. This property, which
268-24	shall not include any goods or inventory used in the project after completion of construction, shall
268-25	be exempt from taxation to the same extent as if legal title of the property were in the name of the
268-26	corporation; provided that the board of directors of the corporation adopts a resolution confirming
268-27	use of the tax exemption for the project by the lessee. Such resolution shall not take effect until
268-28	thirty (30) days from passage. The resolution shall include findings that: (1) the project is a
268-29	project of the corporation under § 42-64-3(20), and (2) it is in the interest of the corporation and
268-30	of the project that legal title be held by the lessee from the corporation. In adopting the resolution,
268-31	the board of directors may consider any factors it deems relevant to the interests of the
268-32	corporation or the project including, for example, but without limitation, reduction in potential
268-33	liability or costs to the corporation or designation of the project as a "Project of Critical Economic
268-34	Concern" pursuant to Chapter 117 of this title. Projects approved by the corporation pursuant to
269-1	this section shall be referred to as “Rhode Island Sales Tax Exemption for Jobs Credit (RISE for
269-2	Jobs Credit)” projects.
269-3	(d) For purposes of the exemption from taxes and assessments for any project of the
269-4	corporation held by a lessee of the corporation under subsection (c) of this section, any such
269-5	project shall be subject to the following additional requirements:
269-6	(1) The total sales tax exemption benefit to the lessee will be implemented through a
269-7	reimbursement process as determined by the division of taxation rather than an up-front purchase
269-8	exemption;
269-9	(2) The sales tax benefits granted pursuant to RIGL 42-64-20(c) shall only apply to
269-10	projects approved prior to July 1, ~~2011~~ 2022: (i) only apply to materials used in the construction,
269-11	reconstruction or rehabilitation of the project and to the acquisition of furniture, fixtures and
269-12	equipment, except automobiles, trucks or other motor vehicles, or materials that otherwise are
269-13	depreciable and have a useful life of one year or more, for the project for a period not to exceed
269-14	six (6) months after receipt of a certificate of occupancy for any given phase of the project for
269-15	which sales tax benefits are utilized; and (ii) not exceed an amount equal to the income tax
269-16	revenue received by the state from the new full-time jobs with benefits excluding project
269-17	construction jobs, generated by the project within a period of three (3) years from after the receipt
269-18	of a certificate of occupancy for any given phase of the project. "Full- time jobs with benefits"
269-19	means jobs that require working a minimum of thirty (30) hours per week within the state, with a
269-20	median wage that exceeds by five percent (5%) the median annual wage for the preceding year
269-21	for full-time jobs in Rhode Island, as certified by the department of labor and training with a
269-22	benefit package that is typical of companies within the lessee's industry, which, at minimum, shall
269-23	include health insurance coverage. The sales tax benefits granted pursuant to Rhode Island
269-24	general laws subsection 42-64-20(c) shall not be effective for projects approved on or after July 1,
269-25	~~2011~~ 2022. The corporation shall set a term for each RISE for Jobs Credit project, which shall not
269-26	exceed five (5) years.
269-27	(3) The corporation shall transmit the analysis required by RIGL 42-64-10(a)(2) to the
269-28	house and senate fiscal committee chairs, the department of labor and training and the division of
269-29	taxation promptly upon completion. Annually thereafter, the department of labor and training
269-30	shall certify to the house and senate fiscal committee chairs, the house and senate fiscal advisors,
269-31	the corporation and the division of taxation the actual number of new full-time jobs with benefits
269-32	created by the project, in addition to construction jobs, and whether such new jobs are on target to
269-33	meet or exceed the estimated number of new jobs identified in the analysis above. This
269-34	certification shall no longer be required when the total amount of new income tax revenue
270-1	received by the state exceeds the amount of the sales tax exemption benefit granted above.
270-2	(4) The department of labor and training shall certify to the house and senate fiscal
270-3	committee chairs and the division of taxation that jobs created by the project are "new jobs" in the
270-4	state of Rhode Island, meaning that the employees of the project are in addition to, and without a
270-5	reduction of, those employees of the lessee currently employed in Rhode Island, are not relocated
270-6	from another facility of the lessee's in Rhode Island or are employees assumed by the lessee as
270-7	the result of a merger or acquisition of a company already located in Rhode Island. Additionally,
270-8	the corporation, with the assistance of the lessee, the department of labor and training, the
270-9	department of human services and the division of taxation shall provide annually an analysis of
270-10	whether any of the employees of the project qualify for RIte Care or RIte Share benefits and the
270-11	impact such benefits or assistance may have on the state budget.
270-12	(5) Notwithstanding any other provision of law, the division of taxation, the department
270-13	of labor and training and the department of human services are authorized to present, review and
270-14	discuss lessee specific tax or employment information or data with the corporation, the house and
270-15	senate fiscal committee chairs, and/or the house and senate fiscal advisors for the purpose of
270-16	verification and compliance with this resolution; and
270-17	(6) The corporation and the project lessee shall agree that, if at any time prior to the state
270-18	recouping the amount of the sales tax exemption through new income tax collections from the
270-19	project, not including construction job income taxes, the lessee will be unable to continue the
270-20	project, or otherwise defaults on its obligations to the corporation, the lessee shall be liable to the
270-21	state for all the sales tax benefits granted to the project plus interest, as determined in RIGL 44-1-
270-22	7, calculated from the date the lessee received the sales tax benefits.
270-23	(7) Notwithstanding anything to the contrary in this section 42-64-20, no project
270-24	comprised of retail, including without limitation retail banking, shall be eligible for the RISE for
270-25	Jobs Credit program or eligible for any sales tax exemption benefit described in this section 42-
270-26	64-20.
270-27	SECTION 4. Title 44 of the General Laws entitled “TAXATION” is hereby amended by
270-28	adding thereto the following chapter:
270-29	CHAPTER 44-6.4
270-30	2012 RHODE ISLAND TAX AMNESTY ACT
270-31	44-6.4-1. Short title. -- This chapter shall be known as the "2012 Rhode Island Tax
270-32	Amnesty Act".
270-33	44-6.4-2. Definitions. -- As used in this chapter, the following terms have the meaning
270-34	ascribed to them in this section, except when the context clearly indicates a different meaning:
271-1	(1) "Taxable period" means any period for which a tax return is required by law to be
271-2	filed with the tax administrator;
271-3	(2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed
271-4	by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by
271-5	the tax administrator.
271-6	44-6.4-3. Establishment of tax amnesty. -- (a) The tax administrator shall establish a tax
271-7	amnesty program for all taxpayers owing any tax imposed by reason of or pursuant to
271-8	authorization by any law of the state of Rhode Island and collected by the tax administrator.
271-9	Amnesty tax return forms shall be prepared by the tax administrator and shall provide that the
271-10	taxpayer clearly specify the tax due and the taxable period for which amnesty is being sought by
271-11	the taxpayer.
271-12	(b) The amnesty program shall be conducted for a seventy-five (75) day period ending on
271-13	November 15, 2012. The amnesty program shall provide that, upon written application by a
271-14	taxpayer and payment by the taxpayer of all taxes and interest due from the taxpayer to the state
271-15	of Rhode Island for any taxable period ending on or prior to December 31, 2011, the tax
271-16	administrator shall not seek to collect any penalties which may be applicable and shall not seek
271-17	the civil or criminal prosecution of any taxpayer for the taxable period for which amnesty has
271-18	been granted. Amnesty shall be granted only to those taxpayers applying for amnesty during the
271-19	amnesty period who have paid the tax and interest due upon filing the amnesty tax return, or who
271-20	have entered into an installment payment agreement for reasons of financial hardship and upon
271-21	terms and conditions set by the tax administrator. In the case of the failure of a taxpayer to pay
271-22	any installment due under the agreement, such an agreement shall cease to be effective and the
271-23	balance of the amounts required to be paid thereunder shall be due immediately. Amnesty shall be
271-24	granted for only the taxable period specified in the application and only if all amnesty conditions
271-25	are satisfied by the taxpayer.
271-26	(c) The provisions of this section shall include a taxable period for which a bill or notice
271-27	of deficiency determination has been sent to the taxpayer and a taxable period in which an audit
271-28	has been completed but has not yet been billed.
271-29	(d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or
271-30	are a party to any civil or criminal proceeding, pending in any court of the United States or the
271-31	state of Rhode Island, for fraud in relation to any state tax imposed by the law of the state and
271-32	collected by the tax administrator.
271-33	44-6.4-4. Interest under tax amnesty. -- Notwithstanding any provision of law to the
271-34	contrary, interest on any taxes paid for periods covered under the amnesty provisions of this
272-1	chapter shall be computed at the rate imposed under section 44-1-7, reduced by twenty five
272-2	percent (25%).
272-3	44-6.4-5. Appropriation. -- There is hereby appropriated, out of any money in the
272-4	treasury not otherwise appropriated for the 2013 fiscal year, the sum of three hundred thousand
272-5	dollars ($300,000) to the division of taxation to carry out the purposes of this chapter. The state
272-6	controller is hereby authorized and directed to draw his or her orders upon the general treasurer
272-7	for the payment of the sum or so much thereof as may be required from time to time and upon
272-8	receipt by him of properly authenticated vouchers.
272-9	44-6.4-6. Implementation. -- Notwithstanding any provision of law to the contrary, the
272-10	tax administrator may do all things necessary in order to provide for the timely implementation of
272-11	this chapter, including, but not limited to, procurement of printing and other services and
272-12	expenditure of appropriated funds as provided for in section 44-6.4-5.
272-13	44-6.4-7. Disposition of monies. -- (a) Except as provided in subsection (b) within, all
272-14	monies collected pursuant to any tax imposed by the state of Rhode Island under the provisions of
272-15	this chapter shall be accounted for separately and paid into the general fund.
272-16	(b) Monies collected for the establishment of the TDI Reserve Fund (section 28-39-7),
272-17	the Employment Security Fund (section 28-42-18), the Employment Security Interest Fund
272-18	(section 28-42-75), the Job Development Fund (section 28-42-83), and the Employment Security
272-19	Reemployment Fund (section 28-42-87) shall be deposited in said respective funds.
272-20	44-6.4-8. Analysis of amnesty program by tax administrator. -- The tax administrator
272-21	shall provide an analysis of the amnesty program to the chairpersons of the house finance
272-22	committee and senate finance committee, with copies to the members of the revenue estimating
272-23	conference, by January 1, 2013. The report shall include an analysis of revenues received by tax
272-24	source, distinguishing between the tax collected and interest collected for each source. In
272-25	addition, the report shall further identify the amounts that are new revenues from those already
272-26	included in the general revenue receivable taxes, defined under generally accepted accounting
272-27	principles and the state's audited financial statements.
272-28	44-6.4-9. Rules and regulations.-- The tax administrator may promulgate such rules and
272-29	regulations as are necessary to implement the provisions of this chapter.
272-30	SECTION 5. Sections 44-18-7, 44-18-8, 44-18-12, 44-18-15, 44-18-18, 44-18-18.1, 44-
272-31	18-20, 44-18-21, 44-18-22, 44-18-23, 44-18-25 and 44-18-30 of the General Laws in Chapter 44-
272-32	18 entitled “Sales and Use Taxes – Liability and Computation” are hereby amended to read as
272-33	follows:
273-34	44-18-7. Sales defined. --"Sales" means and includes:
273-35	(1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or
273-36	otherwise, in any manner or by any means of tangible personal property for a consideration.
273-37	"Transfer of possession", "lease", or "rental" includes transactions found by the tax administrator
273-38	to be in lieu of a transfer of title, exchange, or barter.
273-39	(2) The producing, fabricating, processing, printing, or imprinting of tangible personal
273-40	property for a consideration for consumers who furnish either directly or indirectly the materials
273-41	used in the producing, fabricating, processing, printing, or imprinting.
273-42	(3) The furnishing and distributing of tangible personal property for a consideration by
273-43	social, athletic, and similar clubs and fraternal organizations to their members or others.
273-44	(4) The furnishing, preparing, or serving for consideration of food, meals, or drinks,
273-45	including any cover, minimum, entertainment, or other charge in connection therewith.
273-46	(5) A transaction whereby the possession of tangible personal property is transferred, but
273-47	the seller retains the title as security for the payment of the price.
273-48	(6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate
273-49	commerce, of tangible personal property from the place where it is located for delivery to a point
273-50	in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental,
273-51	conditional or otherwise, in any manner or by any means whatsoever, of the property for a
273-52	consideration.
273-53	(7) A transfer for a consideration of the title or possession of tangible personal property,
273-54	which has been produced, fabricated, or printed to the special order of the customer, or any
273-55	publication.
273-56	(8) The furnishing and distributing of electricity, natural gas, artificial gas, steam,
273-57	refrigeration, and water.
273-58	(9) The furnishing for consideration of intrastate, interstate and international
273-59	telecommunications service sourced in this state in accordance with subsections 44-18.1(15) and
273-60	(16) and all ancillary services, any maintenance services of telecommunication equipment other
273-61	than as provided for in subdivision 44-18-12(b)(ii). For the purposes of chapters 18 and 19 of this
273-62	title only, telecommunication service does not include service rendered using a prepaid telephone
273-63	calling arrangement.
273-64	(ii) Notwithstanding the provisions of paragraph (i) of this subdivision, in accordance
273-65	with the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 – 126), subject to the
273-66	specific exemptions described in 4 U.S.C. § 116(c), and the exemptions provided in §§ 44-18-8
273-67	and 44-18-12, mobile telecommunications services that are deemed to be provided by the
273-68	customer's home service provider are subject to tax under this chapter if the customer's place of
274-1	primary use is in this state regardless of where the mobile telecommunications services originate,
274-2	terminate or pass through. Mobile telecommunications services provided to a customer, the
274-3	charges for which are billed by or for the customer's home service provider, shall be deemed to be
274-4	provided by the customer's home service provider.
274-5	(10) The furnishing of service for transmission of messages by telegraph, cable, or radio
274-6	and the furnishing of community antenna television, subscription television, and cable television
274-7	services.
274-8	(11) The rental of living quarters in any hotel, rooming house, or tourist camp.
274-9	(12) The transfer for consideration of prepaid telephone calling arrangements and the
274-10	recharge of prepaid telephone calling arrangements sourced to this state in accordance with §§
274-11	44-18.1-11 and 44-18.1-15. "Prepaid telephone calling arrangement" means and includes prepaid
274-12	calling service and prepaid wireless calling service.
274-13	(13) The furnishing of package tour and scenic and sightseeing transportation services as
274-14	set forth in the 2007 North American Industrial Classification System codes 561520 and 487
274-15	provided that such services are conducted in the state, in whole or in part. Said services include
274-16	all activities engaged in for other persons for a fee, retainer, commission, or other monetary
274-17	charge, which activities involve the performance of a service as distinguished from selling
274-18	property.
274-19	(14) The sale, storage, use or other consumption of over-the-counter drugs as defined in
274-20	paragraph 44-18-7.1(h)(ii).
274-21	(15) The sale, storage, use or other consumption of prewritten computer software
274-22	delivered electronically or by load and leave as defined in paragraph 44-18-7.1(v).
274-23	(16) The sale, storage, use or other consumption of medical marijuana as defined in §21-
274-24	28.6-3.
274-25	(17) The furnishing of services in this state as defined in section 44-18-7.3.
274-26	44-18-8. Retail sale or sale at retail defined. -- A "retail sale" or "sale at retail" means
274-27	any sale, lease or rentals of tangible personal property, prewritten computer software delivered
274-28	electronically or by load and leave, ~~and/or~~ package tour and scenic and sightseeing transportation
274-29	services, or services as defined in section 44-18-7.3 for any purpose other than resale, sublease or
274-30	subrent in the regular course of business. The sale of tangible personal property to be used for
274-31	purposes of rental in the regular course of business is considered to be a sale for resale. In regard
274-32	to telecommunications service as defined in § 44-18-7(9), retail sale does not include the
274-33	purchase of telecommunications service by a telecommunications provider from another
274-34	telecommunication provider for resale to the ultimate consumer; provided, that the purchaser
275-1	submits to the seller a certificate attesting to the applicability of this exclusion, upon receipt of
275-2	which the seller is relieved of any tax liability for the sale.
275-3	44-18-12. Sale price" defined. -- (a) "Sales price" applies to the measure subject to sales
275-4	tax and means the total amount of consideration, including cash, credit, property, and services, for
275-5	which personal property or services are sold, leased, or rented, valued in money, whether received
275-6	in money or otherwise, without any deduction for the following:
275-7	(i) The seller's cost of the property sold;
275-8	(ii) The cost of materials used, labor or service cost, interest, losses, all costs of
275-9	transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;
275-10	(iii) Charges by the seller for any services necessary to complete the sale, other than
275-11	delivery and installation charges;
275-12	(iv) Delivery charges, as defined in § 44-18-7.1(i);
275-13	(v) Credit for any trade-in, as determined by state law;
275-14	(vi) The amount charged for package tour and scenic and sightseeing transportation
275-15	services; or
275-16	(vii) The amount charged for services, as defined in section 44-18-7.3.
275-17	(b) "Sales price" shall not include:
275-18	(i) Discounts, including cash, term, or coupons that are not reimbursed by a third party
275-19	that are allowed by a seller and taken by a purchaser on a sale;
275-20	(ii) The amount charged for labor or services, except for package tours and scenic and
275-21	sightseeing transportation services, rendered in installing or applying the property sold when the
275-22	charge is separately stated by the retailer to the purchaser; provided that in transactions subject to
275-23	the provisions of this chapter the retailer shall separately state such charge when requested by the
275-24	purchaser and, further, the failure to separately state such charge when requested may be
275-25	restrained in the same manner as other unlawful acts or practices prescribed in chapter 13.1 of
275-26	title 6.
275-27	(iii) Interest, financing, and carrying charges from credit extended on the sale of personal
275-28	property or services, if the amount is separately stated on the invoice, bill of sale or similar
275-29	document given to the purchaser; and
275-30	(iv) Any taxes legally imposed directly on the consumer that are separately stated on the
275-31	invoice, bill of sale or similar document given to the purchaser.
275-32	(v) Manufacturer rebates allowed on the sale of motor vehicles.
275-33	(c) "Sales price" shall include consideration received by the seller from third parties if:
276-34	(i) The seller actually receives consideration from a party other than the purchaser and the
276-35	consideration is directly related to a price reduction or discount on the sale;
276-36	(ii) The seller has an obligation to pass the price reduction or discount through to the
276-37	purchaser;
276-38	(iii) The amount of the consideration attributable to the sale is fixed and determinable by
276-39	the seller at the time of the sale of the item to the purchaser; and
276-40	(iv) One of the following criteria is met:
276-41	(A) The purchaser presents a coupon, certificate or other documentation to the seller to
276-42	claim a price reduction or discount where the coupon, certificate or documentation is authorized,
276-43	distributed or granted by a third party with the understanding that the third party will reimburse
276-44	any seller to whom the coupon, certificate or documentation is presented;
276-45	(B) The purchaser identifies himself or herself to the seller as a member of a group or
276-46	organization entitled to a price reduction or discount (a "preferred customer" card that is available
276-47	to any patron does not constitute membership in such a group), or
276-48	(C) The price reduction or discount is identified as a third party price reduction or
276-49	discount on the invoice received by the purchaser or on a coupon, certificate or other
276-50	documentation presented by the purchaser.
276-51	44-18-15."Retailer" defined.-- (a) "Retailer" includes:
276-52	(1) Every person engaged in the business of making sales at retail, including prewritten
276-53	computer software delivered electronically or by load and leave, ~~and/or~~ sales of package tour and
276-54	scenic and sightseeing transportation services, sales of services as defined in section 44-18-7.3,
276-55	~~including~~ and sales at auction of tangible personal property owned by the person or others.
276-56	(2) Every person making sales of tangible personal property, including prewritten
276-57	computer software delivered electronically or by load and leave, ~~and/or~~ sales of package tour and
276-58	scenic and sightseeing transportation services, or sales of services as defined in section 44-18-
276-59	7.3, through an independent contractor or other representative, if the retailer enters into an
276-60	agreement with a resident of this state, under which the resident, for a commission or other
276-61	consideration, directly or indirectly refers potential customers, whether by a link on an Internet
276-62	website or otherwise, to the retailer, provided the cumulative gross receipts from sales by the
276-63	retailer to customers in the state who are referred to the retailer by all residents with this type of
276-64	an agreement with the retailer, is in excess of five thousand dollars ($5,000) during the preceding
276-65	four (4) quarterly periods ending on the last day of March, June, September and December. Such
276-66	retailer shall be presumed to be soliciting business through such independent contractor or other
276-67	representative, which presumption may be rebutted by proof that the resident with whom the
276-68	retailer has an agreement did not engage in any solicitation in the state on behalf of the retailer
277-1	that would satisfy the nexus requirement of the United States Constitution during such four (4)
277-2	quarterly periods.
277-3	(3) Every person engaged in the business of making sales for storage, use, or other
277-4	consumption, of: (i) tangible personal property, (ii) ~~or the business of making~~ sales at auction of
277-5	tangible personal property, owned by the person or others ~~for storage, use, or other consumption~~,
277-6	(iii) prewritten computer software delivered electronically or by load and leave, ~~and/or~~ (iv)
277-7	package tour and scenic and sightseeing transportation services, and (v) services as defined in
277-8	section 44-18-7.3 ~~, owned by the person or others for storage, use, or other consumption~~.
277-9	(4) A person conducting a horse race meeting with respect to horses, which are claimed
277-10	during the meeting.
277-11	(5) Every person engaged in the business of renting any living quarters in any hotel as
277-12	defined in section 42-63.1-2, rooming house, or tourist camp.
277-13	(6) Every person maintaining a business within or outside of this state who engages in the
277-14	regular or systematic solicitation of sales of tangible personal property, prewritten computer
277-15	software delivered electronically or by load and leave, and/or package tour and scenic and
277-16	sightseeing transportation services, in this state by means of:
277-17	(i) Advertising in newspapers, magazines, and other periodicals published in this state,
277-18	sold over the counter in this state or sold by subscription to residents of this state, billboards
277-19	located in this state, airborne advertising messages produced or transported in the airspace above
277-20	this state, display cards and posters on common carriers or any other means of public conveyance
277-21	incorporated or operated primarily in this state, brochures, catalogs, circulars, coupons,
277-22	pamphlets, samples, and similar advertising material mailed to, or distributed within this state to
277-23	residents of this state;
277-24	(ii) Telephone;
277-25	(iii) Computer assisted shopping networks; and
277-26	(iv) Television, radio or any other electronic media, which is intended to be broadcast to
277-27	consumers located in this state.
277-28	(b) When the tax administrator determines that it is necessary for the proper
277-29	administration of chapters 18 and 19 of this title to regard any salespersons, representatives,
277-30	truckers, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, employers,
277-31	or persons under whom they operate or from whom they obtain the tangible personal property
277-32	sold by them, irrespective of whether they are making sales on their own behalf or on behalf of
277-33	the dealers, distributors, supervisors, or employers, the tax administrator may so regard them and
277-34	may regard the dealers, distributors, supervisors, or employers as retailers for purposes of
278-1	chapters 18 and 19 of this title.
278-2	44-18-18. Sales tax imposed. -- A tax is imposed upon sales at retail in this state
278-3	including charges for rentals of living quarters in hotels as defined in section 42-63.1-2, rooming
278-4	houses, or tourist camps, at the rate of six percent (6%) of the gross receipts of the retailer from
278-5	the sales or rental charges; provided, that the tax imposed on charges for the rentals applies only
278-6	to the first period of not exceeding thirty (30) consecutive calendar days of each rental; provided,
278-7	further, that for the period commencing July 1, 1990, the tax rate is seven percent (7%). The tax
278-8	is paid to the tax administrator by the retailer at the time and in the manner provided. Excluded
278-9	from this tax are those living quarters in hotels, rooming houses, or tourist camps for which the
278-10	occupant has a written lease for the living quarters which lease covers a rental period of twelve
278-11	(12) months or more. In recognition of the work being performed by the Streamlined Sales and
278-12	Use Tax Governing Board, upon any federal law which requires remote sellers to collect and
278-13	remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter following the change,
278-14	the rate imposed under § 44-18-18 shall be six and one-half percent (6.5%).
278-15	44-18-18.1. Local meals and beverage tax. -- (a) There is hereby levied and imposed,
278-16	upon every purchaser of a meal and/or beverage, in addition to all other taxes and fees now
278-17	imposed by law, a local meals and beverage tax upon each and every meal and/or beverage sold
278-18	within the state of Rhode Island in or from an eating and/or drinking establishment, whether
278-19	prepared in the eating and/or drinking establishment or not and whether consumed at the premises
278-20	or not, at a rate of one percent of the gross receipts. Notwithstanding, for the period commencing
278-21	July 1, 2012, the rate is three percent (3.0 %) of gross receipts. The tax shall be paid to the tax
278-22	administrator by the retailer at the time and in the manner provided.
278-23	(b) All sums received by the division of taxation for sales prior to July 1, 2012 under this
278-24	section as taxes, penalties or forfeitures, interest, costs of suit and fines shall be distributed at
278-25	least quarterly, credited and paid by the state treasurer to the city or town where the meals and
278-26	beverages are delivered.
278-27	(c) For sales on or after July 1, 2012, one percent (1.0%) of the total three percent (3.0%)
278-28	of the gross receipts paid under subsection 44-18-18.1(a), received by the division of taxation as
278-29	taxes, penalties or forfeitures, interest, costs of suit and fines, shall be distributed at least
278-30	quarterly, credited and paid by the state treasurer to the city or town where the meals and
278-31	beverages are delivered. The remaining two percent (2.0%) of the total three percent (3.0%) of
278-32	the gross receipts paid under subsection 44-18-18.1(a) as taxes, penalties or forfeitures, interest,
278-33	costs of suit and fines shall be deposited into the general fund.
279-34	~~(c)~~(d) When used in this section, the following words have the following meanings:
279-35	(1) "Beverage" means all nonalcoholic beverages, as well as alcoholic beverages, beer,
279-36	lager beer, ale, porter, wine, similar fermented malt or vinous liquor.
279-37	(2) "Eating and/or drinking establishments" mean and include restaurants, bars, taverns,
279-38	lounges, cafeterias, lunch counters, drive-ins, roadside ice cream and refreshment stands, fish and
279-39	chip places, fried chicken places, pizzerias, food and drink concessions, or similar facilities in
279-40	amusement parks, bowling alleys, clubs, caterers, drive-in theatres, industrial plants, race tracks,
279-41	shore resorts or other locations, lunch carts, mobile canteens and other similar vehicles, and other
279-42	like places of business which furnish or provide facilities for immediate consumption of food at
279-43	tables, chairs or counters or from trays, plates, cups or other tableware or in parking facilities
279-44	provided primarily for the use of patrons in consuming products purchased at the location.
279-45	Ordinarily, eating establishments do not mean and include food stores and supermarkets. Eating
279-46	establishments do not mean "vending machines," a self-contained automatic device that dispenses
279-47	for sale foods, beverages, or confection products. Retailers selling prepared foods in bulk either in
279-48	customer-furnished containers or in the seller's containers, for example "Soup and Sauce"
279-49	establishments, are deemed to be selling prepared foods ordinarily for immediate consumption
279-50	and, as such, are considered eating establishments.
279-51	(3) "Meal" means any prepared food or beverage offered or held out for sale by an eating
279-52	and/or drinking establishment for the purpose of being consumed by any person to satisfy the
279-53	appetite and which is ready for immediate consumption. All such food and beverage, unless
279-54	otherwise specifically exempted or excluded herein shall be included, whether intended to be
279-55	consumed on the seller's premises or elsewhere, whether designated as breakfast, lunch, snack,
279-56	dinner, supper or by some other name, and without regard to the manner, time or place of service.
279-57	~~(d)~~(e) This local meals and beverage tax shall be administered and collected by the
279-58	division of taxation and unless provided to the contrary in this chapter, all of the administration,
279-59	collection, and other provisions of chapters 18 and 19 of this article apply.
279-60	44-18-20. Use tax imposed. -- (a) An excise tax is imposed on the storage, use, or other
279-61	consumption in this state of tangible personal property, or prewritten computer software delivered
279-62	electronically or by load and leave, ~~and/or~~ package tour and scenic and sightseeing transportation
279-63	services, or services as defined section 44-18-7.3; including a motor vehicle, a boat, an airplane,
279-64	or a trailer, purchased from any retailer at the rate of six percent (6%) of the sale price of the
279-65	property.
279-66	(b) An excise tax is imposed on the storage, use, or other consumption in this state of a
279-67	motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle
279-68	dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent
280-1	(6%) of the sale price of the motor vehicle, boat, airplane, or trailer.
280-2	(c) The word "trailer" as used in this section and in § 44-18-21 means and includes those
280-3	defined in § 31-1-5(a) – (e) and also includes boat trailers, camping trailers, house trailers, and
280-4	mobile homes.
280-5	(d) Notwithstanding the provisions contained in this section and in § 44-18-21 relating to
280-6	the imposition of a use tax and liability for this tax on certain casual sales, no tax is payable in
280-7	any casual sale:
280-8	(1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child
280-9	of the transferor or seller;
280-10	(2) When the transfer or sale is made in connection with the organization, reorganization,
280-11	dissolution, or partial liquidation of a business entity; provided:
280-12	(i) The last taxable sale, transfer, or use of the article being transferred or sold was
280-13	subjected to a tax imposed by this chapter;
280-14	(ii) The transferee is the business entity referred to or is a stockholder, owner, member, or
280-15	partner; and
280-16	(iii) Any gain or loss to the transferor is not recognized for income tax purposes under the
280-17	provisions of the federal income tax law and treasury regulations and rulings issued thereunder;
280-18	(3) When the sale or transfer is of a trailer, other than a camping trailer, of the type
280-19	ordinarily used for residential purposes and commonly known as a house trailer or as a mobile
280-20	home; or
280-21	(4) When the transferee or purchaser is exempt under the provisions of § 44-18-30 or
280-22	other general law of this state or special act of the general assembly of this state.
280-23	(e) The term "casual" means a sale made by a person other than a retailer; provided, that
280-24	in the case of a sale of a motor vehicle, the term means a sale made by a person other than a
280-25	licensed motor vehicle dealer or an auctioneer at an auction sale. In no case is the tax imposed
280-26	under the provisions of subsections (a) and (b) of this section on the storage, use, or other
280-27	consumption in this state of a used motor vehicle less than the product obtained by multiplying
280-28	the amount of the retail dollar value at the time of purchase of the motor vehicle by the applicable
280-29	tax rate; provided, that where the amount of the sale price exceeds the amount of the retail dollar
280-30	value, the tax is based on the sale price. The tax administrator shall use as his or her guide the
280-31	retail dollar value as shown in the current issue of any nationally recognized used vehicle guide
280-32	for appraisal purposes in this state. On request within thirty (30) days by the taxpayer after
280-33	payment of the tax, if the tax administrator determines that the retail dollar value as stated in this
280-34	subsection is inequitable or unreasonable, he or she shall, after affording the taxpayer reasonable
281-1	opportunity to be heard, re-determine the tax.
281-2	(f) Every person making more than five (5) retail sales of tangible personal property or
281-3	prewritten computer software delivered electronically or by load and leave, ~~and/~~or package tour
281-4	and scenic and sightseeing transportation services, or services as defined in section 44-18-7.3
281-5	during any twelve (12) month period, including sales made in the capacity of assignee for the
281-6	benefit of creditors or receiver or trustee in bankruptcy, is considered a retailer within the
281-7	provisions of this chapter.
281-8	(g) "Casual sale" includes a sale of tangible personal property not held or used by a seller
281-9	in the course of activities for which the seller is required to hold a seller's permit or permits or
281-10	would be required to hold a seller's permit or permits if the activities were conducted in this state;
281-11	provided, that the sale is not one of a series of sales sufficient in number, scope, and character
281-12	(more than five (5) in any twelve (12) month period) to constitute an activity for which the seller
281-13	is required to hold a seller's permit or would be required to hold a seller's permit if the activity
281-14	were conducted in this state.
281-15	(2) Casual sales also include sales made at bazaars, fairs, picnics, or similar events by
281-16	nonprofit organizations, which are organized for charitable, educational, civic, religious, social,
281-17	recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6)
281-18	days duration each calendar year. Each event requires the issuance of a permit by the division of
281-19	taxation. Where sales are made at events by a vendor, which holds a sales tax permit and is not a
281-20	nonprofit organization, the sales are in the regular course of business and are not exempt as casual
281-21	sales.
281-22	(h) The use tax imposed under this section for the period commencing July 1, 1990 is at
281-23	the rate of seven percent (7%). In recognition of the work being performed by the Streamlined
281-24	Sales and Use Tax Governing Board, upon any federal law which requires remote sellers to
281-25	collect and remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter following
281-26	the change, the rate imposed under § 44-18-18 shall be six and one-half percent (6.5%).
281-27	44-18-21. Liability for use tax. -- (a) Every person storing, using, or consuming in this
281-28	state tangible personal property, including a motor vehicle, boat, airplane, or trailer, purchased
281-29	from a retailer, and a motor vehicle, boat, airplane, or trailer, purchased from other than a
281-30	licensed motor vehicle dealer or other than a retailer of boats, airplanes, or trailers respectively; or
281-31	storing, using or consuming specified prewritten computer software delivered electronically or by
281-32	load and leave, ~~and/or~~ package tour and scenic and sightseeing transportation services, or services
281-33	as defined in section 44-18-7.3 is liable for the use tax. The person's liability is not extinguished
281-34	until the tax has been paid to this state, except that a receipt from a retailer engaging in business
282-1	in this state or from a retailer who is authorized by the tax administrator to collect the tax under
282-2	rules and regulations that he or she may prescribe, given to the purchaser pursuant to the
282-3	provisions of § 44-18-22, is sufficient to relieve the purchaser from further liability for the tax to
282-4	which the receipt refers.
282-5	(b) Each person before obtaining an original or transferral registration for any article or
282-6	commodity in this state, which article or commodity is required to be licensed or registered in the
282-7	state, shall furnish satisfactory evidence to the tax administrator that any tax due under this
282-8	chapter with reference to the article or commodity has been paid, and for the purpose of effecting
282-9	compliance, the tax administrator, in addition to any other powers granted to him or her, may
282-10	invoke the provisions of § 31-3-4 in the case of a motor vehicle. The tax administrator, when he
282-11	or she deems it to be for the convenience of the general public, may authorize any agency of the
282-12	state concerned with the licensing or registering of these articles or commodities to collect the use
282-13	tax on any articles or commodities which the purchaser is required by this chapter to pay before
282-14	receiving an original or transferral registration. The general assembly shall annually appropriate a
282-15	sum that it deems necessary to carry out the purposes of this section. Notwithstanding the
282-16	provisions of §§ 44-18-19, 44-18-22, and 44-18-24, the sales or use tax on any motor vehicle
282-17	and/or recreational vehicle requiring registration by the administrator of the division of motor
282-18	vehicles shall not be added by the retailer to the sale price or charge but shall be paid directly by
282-19	the purchaser to the tax administrator, or his or her authorized deputy or agent as provided in this
282-20	section.
282-21	(c) In cases involving total loss or destruction of a motor vehicle occurring within one
282-22	hundred twenty (120) days from the date of purchase and upon which the purchaser has paid the
282-23	use tax, the amount of the tax constitutes an overpayment. The amount of the overpayment may
282-24	be credited against the amount of use tax on any subsequent vehicle which the owner acquires to
282-25	replace the lost or destroyed vehicle or may be refunded, in whole or in part.
282-26	44-18-22. Collection of use tax by retailer. -- Every retailer engaging in business in this
282-27	state and making sales of tangible personal property or prewritten computer software delivered
282-28	electronically or by load and leave, ~~for storage, use, or other consumption in this state, and/~~or
282-29	providing package tour and scenic and sightseeing transportation services, or services as defined
282-30	in section 44-18-7.3, for storage, use, or other consumption in this state, not exempted under this
282-31	chapter shall, at the time of making the sales, or if the storage, use, or other consumption of the
282-32	tangible personal property, prewritten computer software delivered electronically or by load and
282-33	leave, ~~and/~~or providing package tour and scenic and sightseeing transportation services, or
282-34	services as defined in section 44-18-7.3, is not then taxable under this chapter, at the time the
283-1	storage, use, or other consumption becomes taxable, collect the tax from the purchaser and give to
283-2	the purchaser a receipt in the manner and form prescribed by the tax administrator.
283-3	44-18-23. "Engaging in business" defined. -- As used in §§ 44-18-21 and 44-18-22 the
283-4	term "engaging in business in this state" means the selling or delivering in this state, or any
283-5	activity in this state related to the selling or delivering in this state of tangible personal property,
283-6	or prewritten computer software delivered electronically or by load and leave for storage, use, or
283-7	other consumption in this state;, as well as providing package tour and scenic and sightseeing
283-8	transportation services, or services as defined in section 44-18-7.3 in this state. This term
283-9	includes, but is not limited to, the following acts or methods of transacting business:
283-10	(1) Maintaining, occupying, or using in this state permanently or temporarily, directly or
283-11	indirectly or through a subsidiary, representative, or agent by whatever name called and whether
283-12	or not qualified to do business in this state, any office, place of distribution, sales or sample room
283-13	or place, warehouse or storage place, or other place of business;
283-14	(2) Having any subsidiary, representative, agent, salesperson, canvasser, or solicitor
283-15	permanently or temporarily, and whether or not the subsidiary, representative, or agent is
283-16	qualified to do business in this state, operate in this state for the purpose of selling, delivering, or
283-17	the taking of orders for any tangible personal property, or prewritten computer software delivered
283-18	electronically or by load and leave, ~~and/~~or package tour and scenic and sightseeing transportation
283-19	services, or services as defined in section 44-18-7.3;
283-20	(3) The regular or systematic solicitation of sales of tangible personal property, or
283-21	prewritten computer software delivered electronically or by load and leave, ~~and/~~or package tour
283-22	and scenic and sightseeing transportation services, or services as defined in section 44-18-7.3, in
283-23	this state by means of:
283-24	(i) Advertising in newspapers, magazines, and other periodicals published in this state,
283-25	sold over the counter in this state or sold by subscription to residents of this state, billboards
283-26	located in this state, airborne advertising messages produced or transported in the air space above
283-27	this state, display cards and posters on common carriers or any other means of public conveyance
283-28	incorporated or operating primarily in this state, brochures, catalogs, circulars, coupons,
283-29	pamphlets, samples, and similar advertising material mailed to, or distributed within this state to
283-30	residents of this state;
283-31	(ii) Telephone;
283-32	(iii) Computer-assisted shopping networks; and
283-33	(iv) Television, radio or any other electronic media, which is intended to be broadcast to
283-34	consumers located in this state.
284-1	44-18-25. Presumption that sale is for storage, use, or consumption – Resale
284-2	certificate. -- It is presumed that all gross receipts are subject to the sales tax, and that the use of
284-3	all tangible personal property, or prewritten computer software delivered electronically or by load
284-4	and leave, ~~and/~~or package tour and scenic and sightseeing transportation services, or services as
284-5	defined in § 44-18-7.3, are subject to the use tax, and that all tangible personal property, or
284-6	prewritten computer software delivered electronically or by load and leave, ~~and/~~or package tour
284-7	and scenic and sightseeing transportation services, or services as defined in section 44-18-7.3,
284-8	sold or in processing or intended for delivery or delivered in this state is sold or delivered for
284-9	storage, use, or other consumption in this state, until the contrary is established to the satisfaction
284-10	of the tax administrator. The burden of proving the contrary is upon the person who makes the
284-11	sale and the purchaser, unless the person who makes the sale takes from the purchaser a
284-12	certificate to the effect that the purchase was for resale. The certificate shall contain any
284-13	information and be in the form that the tax administrator may require.
284-14	44-18-30. Gross receipts exempt from sales and use taxes. -- There are exempted from
284-15	the taxes imposed by this chapter the following gross receipts:
284-16	(1) Sales and uses beyond constitutional power of state. From the sale and from the
284-17	storage, use, or other consumption in this state of tangible personal property the gross receipts
284-18	from the sale of which, or the storage, use, or other consumption of which, this state is prohibited
284-19	from taxing under the Constitution of the United States or under the constitution of this state.
284-20	(2) Newspapers.
284-21	(i) From the sale and from the storage, use, or other consumption in this state of any
284-22	newspaper.
284-23	(ii) "Newspaper" means an unbound publication printed on newsprint, which contains
284-24	news, editorial comment, opinions, features, advertising matter, and other matters of public
284-25	interest.
284-26	(iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or
284-27	similar item unless the item is printed for and distributed as a part of a newspaper.
284-28	(3) School meals. From the sale and from the storage, use, or other consumption in this
284-29	state of meals served by public, private, or parochial schools, school districts, colleges,
284-30	universities, student organizations, and parent teacher associations to the students or teachers of a
284-31	school, college, or university whether the meals are served by the educational institutions or by a
284-32	food service or management entity under contract to the educational institutions.
284-33	(4) Containers.
285-34	(i) From the sale and from the storage, use, or other consumption in this state of:
285-35	(A) Non-returnable containers, including boxes, paper bags, and wrapping materials
285-36	which are biodegradable and all bags and wrapping materials utilized in the medical and healing
285-37	arts, when sold without the contents to persons who place the contents in the container and sell
285-38	the contents with the container.
285-39	(B) Containers when sold with the contents if the sale price of the contents is not required
285-40	to be included in the measure of the taxes imposed by this chapter.
285-41	(C) Returnable containers when sold with the contents in connection with a retail sale of
285-42	the contents or when resold for refilling.
285-43	(ii) As used in this subdivision, the term "returnable containers" means containers of a
285-44	kind customarily returned by the buyer of the contents for reuse. All other containers are "non-
285-45	returnable containers."
285-46	(5) Charitable, educational, and religious organizations. From the sale to as in defined
285-47	in this section, and from the storage, use, and other consumption in this state or any other state of
285-48	the United States of America of tangible personal property by hospitals not operated for a profit,
285-49	"educational institutions" as defined in subdivision (18) not operated for a profit, churches,
285-50	orphanages, and other institutions or organizations operated exclusively for religious or charitable
285-51	purposes, interest free loan associations not operated for profit, nonprofit organized sporting
285-52	leagues and associations and bands for boys and girls under the age of nineteen (19) years, the
285-53	following vocational student organizations that are state chapters of national vocational students
285-54	organizations: Distributive Education Clubs of America, (DECA); Future Business Leaders of
285-55	America, phi beta lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers
285-56	of America/Home Economics Related Occupations (FHA/HERD); and Vocational Industrial
285-57	Clubs of America (VICA), organized nonprofit golden age and senior citizens clubs for men and
285-58	women, and parent teacher associations.
285-59	(ii) In the case of contracts entered into with the federal government, its agencies or
285-60	instrumentalities, this state or any other state of the United States of America, its agencies, any
285-61	city, town, district, or other political subdivision of the states, hospitals not operated for profit,
285-62	educational institutions not operated for profit, churches, orphanages, and other institutions or
285-63	organizations operated exclusively for religious or charitable purposes, the contractor may
285-64	purchase such materials and supplies (materials and/or supplies are defined as those which are
285-65	essential to the project) that are to be utilized in the construction of the projects being performed
285-66	under the contracts without payment of the tax.
285-67	(iii) The contractor shall not charge any sales or use tax to any exempt agency,
285-68	institution, or organization but shall in that instance provide his or her suppliers with certificates
286-1	in the form as determined by the division of taxation showing the reason for exemption; and the
286-2	contractor's records must substantiate the claim for exemption by showing the disposition of all
286-3	property so purchased. If any property is then used for a nonexempt purpose, the contractor must
286-4	pay the tax on the property used.
286-5	(6) Gasoline. From the sale and from the storage, use, or other consumption in this state
286-6	of: (i) gasoline and other products taxed under chapter 36 of title 31, and (ii) fuels used for the
286-7	propulsion of airplanes.
286-8	(7) Purchase for manufacturing purposes.
286-9	(i) From the sale and from the storage, use, or other consumption in this state of computer
286-10	software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration,
286-11	and water, when the property or service is purchased for the purpose of being manufactured into a
286-12	finished product for resale, and becomes an ingredient, component, or integral part of the
286-13	manufactured, compounded, processed, assembled, or prepared product, or if the property or
286-14	service is consumed in the process of manufacturing for resale computer software, tangible
286-15	personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water.
286-16	(ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the
286-17	property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.
286-18	(iii) "Consumed" includes mere obsolescence.
286-19	(iv) "Manufacturing" means and includes manufacturing, compounding, processing,
286-20	assembling, preparing, or producing.
286-21	(v) "Process of manufacturing" means and includes all production operations performed
286-22	in the producing or processing room, shop, or plant, insofar as the operations are a part of and
286-23	connected with the manufacturing for resale of tangible personal property, electricity, natural gas,
286-24	artificial gas, steam, refrigeration, or water and all production operations performed insofar as the
286-25	operations are a part of and connected with the manufacturing for resale of computer software.
286-26	(vi) "Process of manufacturing" does not mean or include administration operations such
286-27	as general office operations, accounting, collection, sales promotion, nor does it mean or include
286-28	distribution operations which occur subsequent to production operations, such as handling,
286-29	storing, selling, and transporting the manufactured products, even though the administration and
286-30	distribution operations are performed by or in connection with a manufacturing business.
286-31	(8) State and political subdivisions. From the sale to, and from the storage, use, or other
286-32	consumption by, this state, any city, town, district, or other political subdivision of this state.
286-33	Every redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a
286-34	subdivision of the municipality where it is located.
287-1	(9) Food and food ingredients. From the sale and storage, use, or other consumption in
287-2	this state of food and food ingredients as defined in § 44-18-7.1(l).
287-3	For the purposes of this exemption "food and food ingredients" shall not include candy,
287-4	soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending
287-5	machines or prepared food (as those terms are defined in § 44-18-7.1, unless the prepared food is:
287-6	(i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,
287-7	except sub-sector 3118 (bakeries);
287-8	(ii) Sold in an unheated state by weight or volume as a single item;
287-9	(iii) Bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries,
287-10	donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and is not sold with
287-11	utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or
287-12	straws.
287-13	(10) Medicines, drugs and durable medical equipment. From the sale and from the
287-14	storage, use, or other consumption in this state, of;
287-15	(i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and
287-16	insulin whether or not sold on prescription. For purposes of this exemption, drugs shall not
287-17	include over the counter drugs, and grooming and hygiene products as defined in § 44-18-
287-18	7.1(h)(iii).
287-19	(ii) Durable medical equipment as defined in section 44-18-7.1(k) for home use only,
287-20	including, but not limited to, syringe infusers, ambulatory drug delivery pumps, hospital beds,
287-21	convalescent chairs, and chair lifts. Supplies used in connection with syringe infusers and
287-22	ambulatory drug delivery pumps which are sold on prescription to individuals to be used by them
287-23	to dispense or administer prescription drugs, and related ancillary dressings and supplies used to
287-24	dispense or administer prescription drugs shall also be exempt from tax.
287-25	(11) Prosthetic devices and mobility enhancing equipment. From the sale and from the
287-26	storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t),
287-27	sold on prescription, including but not limited to, artificial limbs, dentures, spectacles and
287-28	eyeglasses, and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on
287-29	prescription and mobility enhancing equipment as defined in § 44-18-7.1(p) including
287-30	wheelchairs, crutches and canes.
287-31	(12) Coffins, caskets, and burial garments. From the sale and from the storage, use, or
287-32	other consumption in this state of coffins or caskets, and shrouds or other burial garments which
287-33	are ordinarily sold by a funeral director as part of the business of funeral directing.
288-34	(13) Motor vehicles sold to nonresidents.
288-35	(i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide
288-36	nonresident of this state who does not register the motor vehicle in this state, whether the sale or
288-37	delivery of the motor vehicle is made in this state or at the place of residence of the nonresident.
288-38	A motor vehicle sold to a bona fide nonresident whose state of residence does not allow a like
288-39	exemption to its nonresidents is not exempt from the tax imposed under § 44-18-20. In that event
288-40	the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that
288-41	would be imposed in his or her state of residence not to exceed the rate that would have been
288-42	imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed motor vehicle
288-43	dealer shall add and collect the tax required under this subdivision and remit the tax to the tax
288-44	administrator under the provisions of chapters 18 and 19 of this title. When a Rhode Island
288-45	licensed motor vehicle dealer is required to add and collect the sales and use tax on the sale of a
288-46	motor vehicle to a bona fide nonresident as provided in this section, the dealer in computing the
288-47	tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of
288-48	motor vehicles.
288-49	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
288-50	require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the
288-51	tax administrator deems reasonably necessary to substantiate the exemption provided in this
288-52	subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the
288-53	motor vehicle was the holder of, and had in his or her possession a valid out of state motor
288-54	vehicle registration or a valid out of state driver's license.
288-55	(iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of
288-56	the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage,
288-57	or other consumption in this state, and is subject to, and liable for the use tax imposed under the
288-58	provisions of § 44-18-20.
288-59	(14) Sales in public buildings by blind people. From the sale and from the storage, use,
288-60	or other consumption in all public buildings in this state of all products or wares by any person
288-61	licensed under § 40-9-11.1.
288-62	(15) Air and water pollution control facilities. From the sale, storage, use, or other
288-63	consumption in this state of tangible personal property or supplies acquired for incorporation into
288-64	or used and consumed in the operation of a facility, the primary purpose of which is to aid in the
288-65	control of the pollution or contamination of the waters or air of the state, as defined in chapter 12
288-66	of title 46 and chapter 25 of title 23, respectively, and which has been certified as approved for
288-67	that purpose by the director of environmental management. The director of environmental
288-68	management may certify to a portion of the tangible personal property or supplies acquired for
289-1	incorporation into those facilities or used and consumed in the operation of those facilities to the
289-2	extent that that portion has as its primary purpose the control of the pollution or contamination of
289-3	the waters or air of this state. As used in this subdivision, "facility" means any land, facility,
289-4	device, building, machinery, or equipment.
289-5	(16) Camps. From the rental charged for living quarters, or sleeping or housekeeping
289-6	accommodations at camps or retreat houses operated by religious, charitable, educational, or
289-7	other organizations and associations mentioned in subdivision (5), or by privately owned and
289-8	operated summer camps for children.
289-9	(17) Certain institutions. From the rental charged for living or sleeping quarters in an
289-10	institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.
289-11	(18) Educational institutions. From the rental charged by any educational institution for
289-12	living quarters, or sleeping or housekeeping accommodations or other rooms or accommodations
289-13	to any student or teacher necessitated by attendance at an educational institution. "Educational
289-14	institution" as used in this section means an institution of learning not operated for profit which is
289-15	empowered to confer diplomas, educational, literary, or academic degrees, which has a regular
289-16	faculty, curriculum, and organized body of pupils or students in attendance throughout the usual
289-17	school year, which keeps and furnishes to students and others records required and accepted for
289-18	entrance to schools of secondary, collegiate, or graduate rank, no part of the net earnings of which
289-19	inures to the benefit of any individual.
289-20	(19) Motor vehicle and adaptive equipment for persons with disabilities.
289-21	(i) From the sale of: (A) special adaptations, (B) the component parts of the special
289-22	adaptations, or (C) a specially adapted motor vehicle; provided, that the owner furnishes to the
289-23	tax administrator an affidavit of a licensed physician to the effect that the specially adapted motor
289-24	vehicle is necessary to transport a family member with a disability or where the vehicle has been
289-25	specially adapted to meet the specific needs of the person with a disability. This exemption
289-26	applies to not more than one motor vehicle owned and registered for personal, noncommercial
289-27	use.
289-28	(ii) For the purpose of this subsection the term "special adaptations" includes, but is not
289-29	limited to: wheelchair lifts; wheelchair carriers; wheelchair ramps; wheelchair securements; hand
289-30	controls; steering devices; extensions, relocations, and crossovers of operator controls; power-
289-31	assisted controls; raised tops or dropped floors; raised entry doors; or alternative signaling
289-32	devices to auditory signals.
289-33	(iii) From the sale of: (a) special adaptations, (b) the component parts of the special
289-34	adaptations, for a "wheelchair accessible taxicab" as defined in § 39-14-1 and/or a "wheelchair
290-1	accessible public motor vehicle" as defined in § 39-14.1-1.
290-2	(iv) For the purpose of this subdivision the exemption for a "specially adapted motor
290-3	vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due
290-4	on the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the
290-5	special adaptations, including installation.
290-6	(20) Heating fuels. From the sale and from the storage, use, or other consumption in this
290-7	state of every type of fuel used in the heating of homes and residential premises.
290-8	(21) Electricity and gas. From the sale and from the storage, use, or other consumption
290-9	in this state of electricity and gas furnished for domestic use by occupants of residential premises.
290-10	(22) Manufacturing machinery and equipment.
290-11	(i) From the sale and from the storage, use, or other consumption in this state of tools,
290-12	dies, and molds, and machinery and equipment (including replacement parts), and related items to
290-13	the extent used in an industrial plant in connection with the actual manufacture, conversion, or
290-14	processing of tangible personal property, or to the extent used in connection with the actual
290-15	manufacture, conversion or processing of computer software as that term is utilized in industry
290-16	numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the
290-17	technical committee on industrial classification, office of statistical standards, executive office of
290-18	the president, United States bureau of the budget, as revised from time to time, to be sold, or that
290-19	machinery and equipment used in the furnishing of power to an industrial manufacturing plant.
290-20	For the purposes of this subdivision, "industrial plant" means a factory at a fixed location
290-21	primarily engaged in the manufacture, conversion, or processing of tangible personal property to
290-22	be sold in the regular course of business;
290-23	(ii) Machinery and equipment and related items are not deemed to be used in connection
290-24	with the actual manufacture, conversion, or processing of tangible personal property, or in
290-25	connection with the actual manufacture, conversion or processing of computer software as that
290-26	term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification
290-27	manual prepared by the technical committee on industrial classification, office of statistical
290-28	standards, executive office of the president, United States bureau of the budget, as revised from
290-29	time to time, to be sold to the extent the property is used in administration or distribution
290-30	operations;
290-31	(iii) Machinery and equipment and related items used in connection with the actual
290-32	manufacture, conversion, or processing of any computer software or any tangible personal
290-33	property which is not to be sold and which would be exempt under subdivision (7) or this
290-34	subdivision if purchased from a vendor or machinery and equipment and related items used
291-1	during any manufacturing, converting or processing function is exempt under this subdivision
291-2	even if that operation, function, or purpose is not an integral or essential part of a continuous
291-3	production flow or manufacturing process;
291-4	(iv) Where a portion of a group of portable or mobile machinery is used in connection
291-5	with the actual manufacture, conversion, or processing of computer software or tangible personal
291-6	property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under
291-7	this subdivision even though the machinery in that group is used interchangeably and not
291-8	otherwise identifiable as to use.
291-9	(23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other
291-10	consumption in this state of so much of the purchase price paid for a new or used automobile as is
291-11	allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of
291-12	the proceeds applicable only to the automobile as are received from the manufacturer of
291-13	automobiles for the repurchase of the automobile whether the repurchase was voluntary or not
291-14	towards the purchase of a new or used automobile by the buyer. For the purpose of this
291-15	subdivision, the word "automobile" means a private passenger automobile not used for hire and
291-16	does not refer to any other type of motor vehicle.
291-17	(24) Precious metal bullion. (i) From the sale and from the storage, use, or other
291-18	consumption in this state of precious metal bullion, substantially equivalent to a transaction in
291-19	securities or commodities.
291-20	(ii) For purposes of this subdivision, "precious metal bullion" means any elementary
291-21	precious metal which has been put through a process of smelting or refining, including, but not
291-22	limited to, gold, silver, platinum, rhodium, and chromium, and which is in a state or condition
291-23	that its value depends upon its content and not upon its form.
291-24	(iii) The term does not include fabricated precious metal which has been processed or
291-25	manufactured for some one or more specific and customary industrial, professional, or artistic
291-26	uses.
291-27	(25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel
291-28	of fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from
291-29	the repair, alteration, or conversion of the vessels, and from the sale of property purchased for the
291-30	use of the vessels including provisions, supplies, and material for the maintenance and/or repair
291-31	of the vessels.
291-32	(26) Commercial fishing vessels. From the sale and from the storage, use, or other
291-33	consumption in this state of vessels and other water craft which are in excess of five (5) net tons
291-34	and which are used exclusively for "commercial fishing", as defined in this subdivision, and from
292-1	the repair, alteration, or conversion of those vessels and other watercraft, and from the sale of
292-2	property purchased for the use of those vessels and other watercraft including provisions,
292-3	supplies, and material for the maintenance and/or repair of the vessels and other watercraft and
292-4	the boats nets, cables, tackle, and other fishing equipment appurtenant to or used in connection
292-5	with the commercial fishing of the vessels and other watercraft. "Commercial fishing" means the
292-6	taking or the attempting to take any fish, shellfish, crustacea, or bait species with the intent of
292-7	disposing of them for profit or by sale, barter, trade, or in commercial channels. The term does
292-8	not include subsistence fishing, i.e., the taking for personal use and not for sale or barter; or sport
292-9	fishing; but shall include vessels and other watercraft with a Rhode Island party and charter boat
292-10	license issued by the department of environmental management pursuant to § 20-2-27.1 which
292-11	meet the following criteria: (i) the operator must have a current U.S.C.G. license to carry
292-12	passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii)
292-13	U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island
292-14	boat registration to prove Rhode Island home port status; (iv) the vessel must be used as a
292-15	commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be
292-16	able to demonstrate that at least fifty percent (50%) of its annual gross income derives from
292-17	charters or provides documentation of a minimum of one hundred (100) charter trips annually; (v)
292-18	the vessel must have a valid Rhode Island party and charter boat license. The tax administrator
292-19	shall implement the provisions of this subdivision by promulgating rules and regulations relating
292-20	thereto.
292-21	(27) Clothing and footwear. From the sales of articles of clothing, including footwear,
292-22	intended to be worn or carried on or about the human body for sales prior to July 1, 2012.
292-23	Effective July 1, 2012, the exemption will apply to the sales of articles of clothing, including
292-24	footwear, intended to be worn or carried on or about the human body up to one hundred seventy
292-25	five dollars ($175.00) of the sales price per item. For the purposes of this section, "clothing or
292-26	footwear" does not include clothing accessories or equipment or special clothing or footwear
292-27	primarily designed for athletic activity or protective use as these terms are defined in § 44-18-
292-28	7.1(f). In recognition of the work being performed by the Streamlined Sales and Use Tax
292-29	Governing Board, upon any federal law which requires remote sellers to collect and remit taxes,
292-30	effective the first (1st) day of the first (1st) state fiscal quarter following the change, this
292-31	exemption will apply as it did prior to July 1, 2012.
292-32	(28) Water for residential use. From the sale and from the storage, use, or other
292-33	consumption in this state of water furnished for domestic use by occupants of residential
292-34	premises.
293-1	(29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see
293-2	Notes to Decisions.] From the sale and from the storage, use, or other consumption in the state of
293-3	any canonized scriptures of any tax-exempt nonprofit religious organization including, but not
293-4	limited to, the Old Testament and the New Testament versions.
293-5	(30) Boats.
293-6	(i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not
293-7	register the boat or vessel in this state, or document the boat or vessel with the United States
293-8	government at a home port within the state, whether the sale or delivery of the boat or vessel is
293-9	made in this state or elsewhere; provided, that the nonresident transports the boat within thirty
293-10	(30) days after delivery by the seller outside the state for use thereafter solely outside the state.
293-11	(ii) The tax administrator, in addition to the provisions of §§ 44-19-17 and 44-19-28, may
293-12	require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the
293-13	tax administrator deems reasonably necessary to substantiate the exemption provided in this
293-14	subdivision, including the affidavit of the seller that the buyer represented himself or herself to be
293-15	a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.
293-16	(31) Youth activities equipment. From the sale, storage, use, or other consumption in this
293-17	state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island
293-18	eleemosynary organizations, for the purposes of youth activities which the organization is formed
293-19	to sponsor and support; and by accredited elementary and secondary schools for the purposes of
293-20	the schools or of organized activities of the enrolled students.
293-21	(32) Farm equipment. From the sale and from the storage or use of machinery and
293-22	equipment used directly for commercial farming and agricultural production; including, but not
293-23	limited to, tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors,
293-24	balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment,
293-25	greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and
293-26	other farming equipment, including replacement parts, appurtenant to or used in connection with
293-27	commercial farming and tools and supplies used in the repair and maintenance of farming
293-28	equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or
293-29	the production within this state of agricultural products, including, but not limited to, field or
293-30	orchard crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or
293-31	production provides at least two thousand five hundred dollars ($2,500) in annual gross sales to
293-32	the operator, whether an individual, a group, a partnership, or a corporation for exemptions issued
293-33	prior to July 1, 2002; for exemptions issued or renewed after July 1, 2002, there shall be two (2)
293-34	levels. Level I shall be based on proof of annual gross sales from commercial farming of at least
294-1	twenty-five hundred dollars ($2,500) and shall be valid for purchases subject to the exemption
294-2	provided in this subdivision except for motor vehicles with an excise tax value of five thousand
294-3	dollars ($5,000) or greater; Level II shall be based on proof of annual gross sales from
294-4	commercial farming of at least ten thousand dollars ($10,000) or greater and shall be valid for
294-5	purchases subject to the exemption provided in this subdivision including motor vehicles with an
294-6	excise tax value of five thousand dollars ($5,000) or greater. For the initial issuance of the
294-7	exemptions, proof of the requisite amount of annual gross sales from commercial farming shall be
294-8	required for the prior year; for any renewal of an exemption granted in accordance with this
294-9	subdivision at either Level I or Level II, proof of gross annual sales from commercial farming at
294-10	the requisite amount shall be required for each of the prior two (2) years. Certificates of
294-11	exemption issued or renewed after July 1, 2002, shall clearly indicate the level of the exemption
294-12	and be valid for four (4) years after the date of issue. This exemption applies even if the same
294-13	equipment is used for ancillary uses, or is temporarily used for a non-farming or a non-
294-14	agricultural purpose, but shall not apply to motor vehicles acquired after July 1, 2002, unless the
294-15	vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for registration displaying
294-16	farm plates as provided for in § 31-3-31.
294-17	(33) Compressed air. From the sale and from the storage, use, or other consumption in
294-18	the state of compressed air.
294-19	(34) Flags. From the sale and from the storage, consumption, or other use in this state of
294-20	United States, Rhode Island or POW-MIA flags.
294-21	(35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor
294-22	vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or
294-23	the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether
294-24	service connected or not. The motor vehicle must be purchased by and especially equipped for
294-25	use by the qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under
294-26	rules or regulations that the tax administrator may prescribe.
294-27	(36) Textbooks. From the sale and from the storage, use, or other consumption in this
294-28	state of textbooks by an "educational institution" as defined in subdivision (18) of this section and
294-29	as well as any educational institution within the purview of § 16-63-9(4) and used textbooks by
294-30	any purveyor.
294-31	(37) Tangible personal property and supplies used in on-site hazardous waste recycling,
294-32	reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible
294-33	personal property or supplies used or consumed in the operation of equipment, the exclusive
294-34	function of which is the recycling, reuse, or recovery of materials (other than precious metals, as
295-1	defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes", as
295-2	defined in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the
295-3	same taxpayer and where the personal property is located at, in, or adjacent to a generating
295-4	facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of
295-5	the department of environmental management certifying that the equipment and/or supplies as
295-6	used, or consumed, qualify for the exemption under this subdivision. If any information relating
295-7	to secret processes or methods of manufacture, production, or treatment is disclosed to the
295-8	department of environmental management only to procure an order, and is a "trade secret" as
295-9	defined in § 28-21-10(b), it is not open to public inspection or publicly disclosed unless
295-10	disclosure is required under chapter 21 of title 28 or chapter 24.4 of title 23.
295-11	(38) Promotional and product literature of boat manufacturers. From the sale and from
295-12	the storage, use, or other consumption of promotional and product literature of boat
295-13	manufacturers shipped to points outside of Rhode Island which either: (i) accompany the product
295-14	which is sold, (ii) are shipped in bulk to out of state dealers for use in the sale of the product, or
295-15	(iii) are mailed to customers at no charge.
295-16	(39) Food items paid for by food stamps. From the sale and from the storage, use, or
295-17	other consumption in this state of eligible food items payment for which is properly made to the
295-18	retailer in the form of U.S. government food stamps issued in accordance with the Food Stamp
295-19	Act of 1977, 7 U.S.C. § 2011 et seq.
295-20	(40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-
295-21	12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed
295-22	with the Rhode Island public utilities commission on the number of miles driven or by the
295-23	number of hours spent on the job.
295-24	(41) Trade-in value of boats. From the sale and from the storage, use, or other
295-25	consumption in this state of so much of the purchase price paid for a new or used boat as is
295-26	allocated for a trade-in allowance on the boat of the buyer given in trade to the seller or of the
295-27	proceeds applicable only to the boat as are received from an insurance claim as a result of a stolen
295-28	or damaged boat, towards the purchase of a new or used boat by the buyer.
295-29	(42) Equipment used for research and development. From the sale and from the storage,
295-30	use, or other consumption of equipment to the extent used for research and development purposes
295-31	by a qualifying firm. For the purposes of this subdivision, "qualifying firm" means a business for
295-32	which the use of research and development equipment is an integral part of its operation, and
295-33	"equipment" means scientific equipment, computers, software, and related items.
296-34	(43) Coins. From the sale and from the other consumption in this state of coins having
296-35	numismatic or investment value.
296-36	(44) Farm structure construction materials. Lumber, hardware and other materials used
296-37	in the new construction of farm structures, including production facilities such as, but not limited
296-38	to, farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying
296-39	houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing
296-40	rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker and
296-41	trench silos, feed storage sheds, and any other structures used in connection with commercial
296-42	farming.
296-43	(45) Telecommunications carrier access service. Carrier access service or
296-44	telecommunications service when purchased by a telecommunications company from another
296-45	telecommunications company to facilitate the provision of telecommunications service.
296-46	(46) Boats or vessels brought into the state exclusively for winter storage, maintenance,
296-47	repair or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11, 44-18-20, the tax
296-48	imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in
296-49	any year to and including the 30th day of April next succeeding with respect to the use of any
296-50	boat or vessel within this state exclusively for purposes of: (i) delivery of the vessel to a facility in
296-51	this state for storage, including dry storage and storage in water by means of apparatus preventing
296-52	ice damage to the hull, maintenance, or repair; (ii) the actual process of storage, maintenance, or
296-53	repair of the boat or vessel; or (iii) storage for the purpose of selling the boat or vessel.
296-54	(47) Jewelry display product. From the sale and from the storage, use, or other
296-55	consumption in this state of tangible personal property used to display any jewelry product;
296-56	provided, that title to the jewelry display product is transferred by the jewelry manufacturer or
296-57	seller and that the jewelry display product is shipped out of state for use solely outside the state
296-58	and is not returned to the jewelry manufacturer or seller.
296-59	(48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax
296-60	imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage,
296-61	use, or other consumption in this state of any new or used boat. The exemption provided for in
296-62	this subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal
296-63	ten percent (10%) surcharge on luxury boats is repealed.
296-64	(49) Banks and Regulated investment companies interstate toll-free calls.
296-65	Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not apply to
296-66	the furnishing of interstate and international, toll-free terminating telecommunication service that
296-67	is used directly and exclusively by or for the benefit of an eligible company as defined in this
296-68	subdivision; provided, that an eligible company employs on average during the calendar year no
297-1	less than five hundred (500) "full-time equivalent employees", as that term is defined in § 42-
297-2	64.5-2. For purposes of this section, an "eligible company" means a "regulated investment
297-3	company" as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. § 1 et seq., or a
297-4	corporation to the extent the service is provided, directly or indirectly, to or on behalf of a
297-5	regulated investment company, an employee benefit plan, a retirement plan or a pension plan or a
297-6	state chartered bank.
297-7	(50) Mobile and manufactured homes generally. From the sale and from the storage, use,
297-8	or other consumption in this state of mobile and/or manufactured homes as defined and subject to
297-9	taxation pursuant to the provisions of chapter 44 of title 31.
297-10	(51) Manufacturing business reconstruction materials.
297-11	(i) From the sale and from the storage, use or other consumption in this state of lumber,
297-12	hardware, and other building materials used in the reconstruction of a manufacturing business
297-13	facility which suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any
297-14	occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more
297-15	of an operating manufacturing business facility within this state. "Disaster" does not include any
297-16	damage resulting from the willful act of the owner of the manufacturing business facility.
297-17	(ii) Manufacturing business facility includes, but is not limited to, the structures housing
297-18	the production and administrative facilities.
297-19	(iii) In the event a manufacturer has more than one manufacturing site in this state, the
297-20	sixty percent (60%) provision applies to the damages suffered at that one site.
297-21	(iv) To the extent that the costs of the reconstruction materials are reimbursed by
297-22	insurance, this exemption does not apply.
297-23	(52) Tangible personal property and supplies used in the processing or preparation of
297-24	floral products and floral arrangements. From the sale, storage, use, or other consumption in this
297-25	state of tangible personal property or supplies purchased by florists, garden centers, or other like
297-26	producers or vendors of flowers, plants, floral products, and natural and artificial floral
297-27	arrangements which are ultimately sold with flowers, plants, floral products, and natural and
297-28	artificial floral arrangements or are otherwise used in the decoration, fabrication, creation,
297-29	processing, or preparation of flowers, plants, floral products, or natural and artificial floral
297-30	arrangements, including descriptive labels, stickers, and cards affixed to the flower, plant, floral
297-31	product or arrangement, artificial flowers, spray materials, floral paint and tint, plant shine, flower
297-32	food, insecticide and fertilizers.
297-33	(53) Horse food products. From the sale and from the storage, use, or other consumption
297-34	in this state of horse food products purchased by a person engaged in the business of the boarding
298-1	of horses.
298-2	(54) Non-motorized recreational vehicles sold to nonresidents.
298-3	(i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to
298-4	a bona fide nonresident of this state who does not register the non-motorized recreational vehicle
298-5	in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this
298-6	state or at the place of residence of the nonresident; provided, that a non-motorized recreational
298-7	vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption
298-8	to its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in
298-9	that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the
298-10	rate that would be imposed in his or her state of residence not to exceed the rate that would have
298-11	been imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed non-
298-12	motorized recreational vehicle dealer shall add and collect the tax required under this subdivision
298-13	and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title.
298-14	Provided, that when a Rhode Island licensed non-motorized recreational vehicle dealer is required
298-15	to add and collect the sales and use tax on the sale of a non-motorized recreational vehicle to a
298-16	bona fide nonresident as provided in this section, the dealer in computing the tax takes into
298-17	consideration the law of the state of the nonresident as it relates to the trade-in of motor vehicles.
298-18	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
298-19	require any licensed non-motorized recreational vehicle dealer to keep records of sales to bona
298-20	fide nonresidents as the tax administrator deems reasonably necessary to substantiate the
298-21	exemption provided in this subdivision, including the affidavit of a licensed non-motorized
298-22	recreational vehicle dealer that the purchaser of the non-motorized recreational vehicle was the
298-23	holder of, and had in his or her possession a valid out-of-state non-motorized recreational vehicle
298-24	registration or a valid out-of-state driver's license.
298-25	(iii) Any nonresident who registers a non-motorized recreational vehicle in this state
298-26	within ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-
298-27	motorized recreational vehicle for use, storage, or other consumption in this state, and is subject
298-28	to, and liable for the use tax imposed under the provisions of § 44-18-20.
298-29	(iv) "Non-motorized recreational vehicle" means any portable dwelling designed and
298-30	constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use
298-31	which is eligible to be registered for highway use, including, but not limited to, "pick-up coaches"
298-32	or "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1
298-33	of title 31.
299-34	(55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of
299-35	sprinkler and fire alarm systems, emergency lighting and alarm systems, and from the sale of the
299-36	materials necessary and attendant to the installation of those systems, that are required in
299-37	buildings and occupancies existing therein in July 2003, in order to comply with any additional
299-38	requirements for such buildings arising directly from the enactment of the Comprehensive Fire
299-39	Safety Act of 2003, and that are not required by any other provision of law or ordinance or
299-40	regulation adopted pursuant to that Act. The exemption provided in this subdivision shall expire
299-41	on December 31, 2008.
299-42	(56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-
299-43	18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other
299-44	consumption in this state of any new or used aircraft or aircraft parts.
299-45	(57) Renewable energy products. Notwithstanding any other provisions of Rhode Island
299-46	general laws the following products shall also be exempt from sales tax: solar photovoltaic
299-47	modules or panels, or any module or panel that generates electricity from light; solar thermal
299-48	collectors, including, but not limited to, those manufactured with flat glass plates, extruded
299-49	plastic, sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-
299-50	water and water-to-air type pumps; wind turbines; towers used to mount wind turbines if
299-51	specified by or sold by a wind turbine manufacturer; DC to AC inverters that interconnect with
299-52	utility power lines; manufactured mounting racks and ballast pans for solar collector, module or
299-53	panel installation. Not to include materials that could be fabricated into such racks; monitoring
299-54	and control equipment, if specified or supplied by a manufacturer of solar thermal, solar
299-55	photovoltaic, geothermal, or wind energy systems or if required by law or regulation for such
299-56	systems but not to include pumps, fans or plumbing or electrical fixtures unless shipped from the
299-57	manufacturer affixed to, or an integral part of, another item specified on this list; and solar storage
299-58	tanks that are part of a solar domestic hot water system or a solar space heating system. If the tank
299-59	comes with an external heat exchanger it shall also be tax exempt, but a standard hot water tank is
299-60	not exempt from state sales tax.
299-61	(58) Returned property. The amount charged for property returned by customers upon
299-62	rescission of the contract of sale when the entire amount exclusive of handling charges paid for
299-63	the property is refunded in either cash or credit, and where the property is returned within one
299-64	hundred twenty (120) days from the date of delivery.
299-65	(59) Dietary Supplements. From the sale and from the storage, use or other consumption
299-66	of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions.
299-67	(60) Blood. From the sale and from the storage, use or other consumption of human
299-68	blood.
300-1	(61) Agricultural products for human consumption. From the sale and from the storage,
300-2	use or other consumption of livestock and poultry of the kinds of products of which ordinarily
300-3	constitute food for human consumption and of livestock of the kind the products of which
300-4	ordinarily constitute fibers for human use.
300-5	(62) Diesel emission control technology. From the sale and use of diesel retrofit
300-6	technology that is required by § 31-47.3-4 of the general laws.
300-7	SECTION 6. Chapter 44-18 of the General Laws entitled “Sales and Use Taxes –
300-8	Liability and Computation” is hereby amended by adding thereto the following section:
300-9	44-18-7.3. Services defined.-- (a) “Services” means all activities engaged in for other
300-10	persons for a fee, retainer, commission, or other monetary charge, which activities involve the
300-11	performance of a service in this state as distinguished from selling property.
300-12	(b) The following businesses and services performed in this state, along with the
300-13	applicable 2007 North American Industrial Classification System (NAICS) codes, are included in
300-14	the definition of services:
300-15	(1) Taxicab and limousine services including but not limited to:
300-16	(a) taxicab services including taxi dispatchers (485310); and
300-17	(b) limousine services (485320).
300-18	(2) Other road transportation service including but not limited to:
300-19	(a) charter bus service (485510); and
300-20	(b) all other transit and ground passenger transportation (485999).
300-21	(3) Moving, storage and freight services, including but not limited to:
300-22	(a) general freight services - local (484110);
300-23	(b) household and office goods moving services (484210);
300-24	(c) general warehousing and storage (493110);
300-25	(d) refrigerated warehousing and storage (493120);
300-26	(e) farm product warehousing and storage (493130);
300-27	(f) other warehousing and storage (493190); and
300-28	(g) mini-warehouses and self-storage units (531130).
300-29	(4) Pet care services (812910) except veterinary and testing laboratories services.
300-30	(5) Car washes (811192).
300-31	(c) The tax administrator is authorized to promulgate rules and regulations in accordance
300-32	with the provisions of chapter 42-35 to carry out the provisions, policies, and purposes of this
300-33	chapter.
301-34	SECTION 7. Section 44-19-7 of the General Laws in Chapter 44-19 entitled “Sales and
301-35	Use Taxes – Enforcement and Collection” is hereby amended to read as follows:
301-36	44-19-7. Registration of retailers. -- Every retailer selling tangible personal property, or
301-37	prewritten computer software delivered electronically or by load and leave for storage, use, or
301-38	other consumption in this state, as well as ~~and/or~~ package tour and scenic and sightseeing
301-39	transportation services, or services as defined in section 44-18-7.3, in this state, or renting living
301-40	quarters in any hotel as defined in section 42-63.1-2, rooming house, or tourist camp in this state
301-41	must register with the tax administrator and give the name and address of all agents operating in
301-42	this state, the location of all distribution or sales houses or offices, or of any hotel as defined in
301-43	section 42-63.1-2, rooming house, or tourist camp or other places of business in this state, and
301-44	other information that the tax administrator may require.
301-45	SECTION 8. Sections 44-20-1, 44-20-2, 44-20-3, 44-20-4.1, 44-20-12, 44-20-13, 44-20-
301-46	13.2, 44-20-33, 44-20-39 and 44-20-45 of the General Laws in Chapter 44-20 entitled "Cigarette
301-47	Tax" are hereby amended to read as follows:
301-48	44-20-1. Definitions. -- Whenever used in this chapter, unless the context requires
301-49	otherwise:
301-50	(1) "Administrator" means the tax administrator;
301-51	(2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form,
301-52	and each sheet of cigarette rolling paper;
301-53	(3) "Dealer" means any person whether located within or outside of this state, who sells
301-54	or distributes cigarettes to a consumer in this state;
301-55	(4) "Distributor" means any person:
301-56	(A) Whether located within or outside of this state, other than a dealer, who sells or
301-57	distributes cigarettes within or into this state. Such term shall not include any cigarette
301-58	manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. §
301-59	5712, if such person sells or distributes cigarettes in this state only to licensed distributors, or to
301-60	an export warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. §
301-61	5712;
301-62	(B) Selling cigarettes directly to consumers in this state by means of at least twenty-five
301-63	(25) cigarette vending machines;
301-64	(C) Engaged in this state in the business of manufacturing cigarettes or any person
301-65	engaged in the business of selling cigarettes to dealers, or to other persons, for the purpose of
301-66	resale only; provided, that seventy-five percent (75%) of all cigarettes sold by that person in this
301-67	state are sold to dealers or other persons for resale and selling cigarettes directly to at least forty
301-68	(40) dealers or other persons for resale; or
302-1	(D) Maintaining one or more regular places of business in this state for that purpose;
302-2	provided, that seventy-five percent (75%) of the sold cigarettes are purchased directly from the
302-3	manufacturer and selling cigarettes directly to at least forty (40) dealers or other persons for
302-4	resale;
302-5	(5) "Importer" means any person who imports into the United States, either directly or
302-6	indirectly, a finished cigarette for sale or distribution;
302-7	(6) "Licensed", when used with reference to a manufacturer, importer, distributor or
302-8	dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for
302-9	the type of business being engaged in. When the term "licensed" is used before a list of entities,
302-10	such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be
302-11	deemed to apply to each entity in such list;
302-12	(7) "Manufacturer" means any person who manufactures, fabricates, assembles,
302-13	processes, or labels a finished cigarette;
302-14	(8) "Person" means any individual, including an employee or agent, firm, fiduciary,
302-15	partnership, corporation, trust, or association, however formed;
302-16	(9) "Place of business" means and includes any place where cigarettes are sold or where
302-17	cigarettes are stored or kept for the purpose of sale or consumption, including any vessel, vehicle,
302-18	airplane, train, or vending machine;
302-19	(10) "Sale" or "sell" includes and applies to gifts, exchanges, and barter;
302-20	(11) "Stamp" means the impression, device, stamp, label, or print manufactured, printed,
302-21	or made as prescribed by the administrator to be affixed to packages of cigarettes, as evidence of
302-22	the payment of the tax provided by this chapter or to indicate that the cigarettes are intended for a
302-23	sale or distribution in this state that is exempt from state tax under the provisions of state law; and
302-24	also includes impressions made by metering machines authorized to be used under the provisions
302-25	of this chapter.
302-26	44-20-2. Importer, distributor, and dealer licenses required – Licenses required. --
302-27	Each person engaging in the business of selling cigarette and/or any tobacco products in this state,
302-28	including any distributor or dealer, shall secure a license from the administrator before engaging
302-29	in that business, or continuing to engage in it. A separate application and license is required for
302-30	each place of business operated by a distributor or dealer; provided, that an operator of vending
302-31	machines for cigarette products is not required to obtain a distributor's license for each machine.
302-32	If the applicant for a license does not have a place of business in this state, the license shall be
302-33	issued for such applicant's principal place of business, wherever located. A licensee shall notify
302-34	the administrator within thirty (30) days in the event that it changes its principal place of
303-1	business. A separate license is required for each class of business if the applicant is engaged in
303-2	more than one of the activities required to be licensed by this section. No person shall maintain or
303-3	operate or cause to be operated a vending machine for cigarette products without procuring a
303-4	dealer's license for each machine.
303-5	44-20-3. Penalties for unlicensed business. -- Any distributor or dealer who sells, offers
303-6	for sale, or possesses ~~with intent to sell~~, cigarettes and/or any tobacco products without a license
303-7	as provided in § 44-20-2, shall be fined in accordance with the provisions of and the penalties
303-8	contained in § 11-9-13.15.
303-9	44-20-4.1. License availability. -- (a) No license under this chapter may be granted,
303-10	maintained or renewed if the applicant, or any combination of persons owning directly or
303-11	indirectly~~, in the aggregate, more than ten percent (10%) of the ownership~~ any interests in the
303-12	applicant:
303-13	(1) Owes five hundred dollars ($500) or more in delinquent cigarette taxes;
303-14	(2) Is delinquent in any tax filings for one month or more;
303-15	~~(2)~~(3) Had a license under this chapter revoked by the administrator within the past two
303-16	(2) years;
303-17	~~(3)~~(4) Has been convicted of a crime relating to cigarettes stolen or counterfeit cigarettes;
303-18	~~(4)~~(5) Is a cigarette manufacturer or importer that is neither: (i) a participating
303-19	manufacturer as defined in subsection II (jj) of the "Master Settlement Agreement" as defined in
303-20	§ 23-71-2; nor (ii) in full compliance with chapter 20.2 of this title and § 23-71-3;
303-21	~~(5)~~(6) Has imported, or caused to be imported, into the United States any cigarette in
303-22	violation of 19 U.S.C. § 1681a; or
303-23	~~(6)~~(7) Has imported, or caused to be imported into the United States, or manufactured for
303-24	sale or distribution in the United States any cigarette that does not fully comply with the Federal
303-25	Cigarette Labeling and Advertising Act (15 U.S.C. § 1331, et. seq).
303-26	(b) No person shall apply for a new license or permit (as defined in § 44-19-1) or renewal
303-27	of a license or permit, and no license or permit shall be issued or renewed for any person, unless
303-28	all outstanding fines, fees or other charges relating to any license or permit held by that person
303-29	have been paid.
303-30	(2) No license or permit shall be issued relating to a business at any specific location until
303-31	all prior licenses or permits relating to that location have been officially terminated and all fines,
303-32	fees or charges relating to the prior licenses have been paid or otherwise resolved or the
303-33	administrator has found that the person applying for the new license or permit is not acting as an
303-34	agent for the prior licensee or permit holder who is subject to any such related fines, fees or
304-1	charges that are still due. Evidence of such agency status includes, but is not limited to, a direct
304-2	familial relationship and/or an employment, contractual or other formal financial or business
304-3	relationship with the prior licensee or permit holder.
304-4	(3) No person shall apply for a new license or permit pertaining to a specific location in
304-5	order to evade payment of any fines, fees or other charges relating to a prior license or permit for
304-6	that location.
304-7	(4) No new license or permit shall be issued for a business at a specific location for which
304-8	a license or permit already has been issued unless there is a bona fide, good faith change in
304-9	ownership of the business at that location.
304-10	(5) No license or permit shall be issued, renewed or maintained for any person, including
304-11	the owners of the business being licensed or having applied and received a permit, that has been
304-12	convicted of violating any criminal law relating to tobacco products, the payment of taxes or
304-13	fraud or has been ordered to pay civil fines of more than twenty-five thousand dollars ($25,000)
304-14	dollars for violations of any civil law relating to tobacco products, the payment of taxes or fraud.
304-15	44-20-12. Tax imposed on cigarettes sold. -- A tax is imposed on all cigarettes sold or
304-16	held for sale in the state. The payment of the tax to be evidenced by stamps, which may be
304-17	affixed only by licensed distributors to the packages containing such cigarettes. Any cigarettes on
304-18	which the proper amount of tax provided for in this chapter has been paid, payment being
304-19	evidenced by the stamp, is not subject to a further tax under this chapter. The tax is at the rate of
304-20	~~one hundred seventy-three (173)~~ one hundred seventy five (175) mills for each cigarette.
304-21	44-20-13. Tax imposed on unstamped cigarettes. -- A tax is imposed at the rate of ~~one~~
304-22	~~hundred seventy-three (173)~~ one hundred seventy five (175) mills for each cigarette upon the
304-23	storage or use within this state of any cigarettes not stamped in accordance with the provisions of
304-24	this chapter in the possession of any consumer within this state.
304-25	44-20-13.2. Tax imposed on smokeless tobacco, cigars, and pipe tobacco products. --
304-26	(a) A tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold or held for
304-27	sale in the state by any person, the payment of the tax to be accomplished according to a
304-28	mechanism established by the administrator, division of taxation, department of administration.
304-29	Any tobacco product on which the proper amount of tax provided for in this chapter has been
304-30	paid, payment being evidenced by a stamp, is not subject to a further tax under this chapter. The
304-31	tax imposed by this section shall be as follows:
304-32	(1) At the rate of eighty percent (80%) of the wholesale cost of cigars, pipe tobacco
304-33	products and smokeless tobacco other than snuff.
305-34	(2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of
305-35	cigars, the tax shall not exceed ~~fifty cents ($.50)~~ one dollar ($1.00) for each cigar.
305-36	(3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like
305-37	rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net
305-38	weight as listed by the manufacturer, provided, however, that any product listed by the
305-39	manufacturer as having a net weight of less than 1.2 ounces shall be taxed as if the product has a
305-40	net weight of 1.2 ounces.
305-41	(b) Any dealer having in his or her possession any tobacco, cigars, and pipe tobacco
305-42	products with respect to the storage or use of which a tax is imposed by this section shall, within
305-43	five (5) days after coming into possession of the tobacco, cigars, and pipe tobacco in this state,
305-44	file a return with the tax administrator in a form prescribed by the tax administrator. The return
305-45	shall be accompanied by a payment of the amount of the tax shown on the form to be due.
305-46	Records required under this section shall be preserved on the premises described in the relevant
305-47	license in such a manner as to ensure permanency and accessibility for inspection at reasonable
305-48	hours by authorized personnel of the administrator.
305-49	(c) The proceeds collected are paid into the general fund.
305-50	44-20-33. Sale of unstamped cigarettes prohibited. -- No distributor shall sell, and no
305-51	other person shall sell, offer for sale, display for sale, or possess ~~with intent~~ to sell any cigarettes,
305-52	the packages or boxes containing which do not bear stamps evidencing the payment of the tax
305-53	imposed by this chapter.
305-54	44-20-39. Forgery and counterfeiting – Tampering with meters – Reuse of stamps or
305-55	containers. -- Any person who fraudulently makes or utters or forges or counterfeits any stamp,
305-56	disc, license, or marker, prescribed by the tax administrator under the provisions of this chapter,
305-57	or who causes or procures this to be done, or who ~~willfully~~ utters, publishes, passes or renders as
305-58	true, any false, altered, forged, or counterfeited stamp, license, disc, or marker, or who ~~knowingly~~
305-59	possesses more than twenty (20) packs of cigarettes containing any false, altered, forged, or
305-60	counterfeited stamp, license, disc, or marker, or who tampers with or causes to be tampered with
305-61	any metering machine authorized to be used under the provisions of this chapter, or who removes
305-62	or prepares any stamp with intent to use, or cause that stamp to be used, after it has already been
305-63	used, or who buys, sells, offers for sale, or gives away any washed or removed or restored stamp
305-64	to any person, or who has in his or her possession any washed or restored or removed or altered
305-65	stamp which was removed from the article to which it was affixed, or who reuses or refills with
305-66	cigarettes any package, box, or container required to be stamped under this chapter from which
305-67	cigarettes have been removed, is deemed guilty of a felony, and, upon conviction, shall be fined
305-68	ten thousand dollars ($10,000), or be imprisoned for not more than ten (10) years, or both.
306-1	44-20-45. Importation of cigarettes with intent to evade tax. -- Any person, firm,
306-2	corporation, club, or association of persons~~, not having a license as provided in this chapter,~~ who
306-3	orders any cigarettes for another or pools orders for cigarettes from any persons or connives with
306-4	others for pooling orders, or receives in this state any shipment of unstamped cigarettes on which
306-5	the tax imposed by this chapter has not been paid, for the purpose and intention of violating the
306-6	provisions of this chapter or to avoid payment of the tax imposed in this chapter, is guilty of a
306-7	felony and shall be fined ten thousand dollars ($10,000) or five (5) times the retail value of the
306-8	cigarettes involved, whichever is greater, or imprisoned not more than five (5) years, or both.
306-9	SECTION 9. Chapter 44-20 of the General Laws entitled “Cigarette Tax” is hereby
306-10	amended by adding thereto the following section:
306-11	44-20-12.4. Floor stock tax on cigarettes and stamps. -- (a) Whenever used in this
306-12	section, unless the context requires otherwise:
306-13	(1) "Cigarette" means and includes any cigarette as defined in section 44-20-1(2);
306-14	(2) "Person" means and includes each individual, firm, fiduciary, partnership,
306-15	corporation, trust, or association, however formed.
306-16	(b) Each person engaging in the business of selling cigarettes at retail in this state shall
306-17	pay a tax or excise to the state for the privilege of engaging in that business during any part of the
306-18	calendar year 2012. In calendar year 2012, the tax shall be measured by the number of cigarettes
306-19	held by the person in this state at 12:01 a.m. on July 1, 2012 and is computed at the rate of two
306-20	(2.0) mills for each cigarette on July 1, 2012.
306-21	(c) Each distributor licensed to do business in this state pursuant to this chapter shall pay
306-22	a tax or excise to the state for the privilege of engaging in business during any part of the calendar
306-23	year 2012. The tax is measured by the number of stamps, whether affixed or to be affixed to
306-24	packages of cigarettes, as required by section 44-20-28. In calendar year 2012 the tax is measured
306-25	by the number of stamps, as defined in section 44-20-1(10), whether affixed or to be affixed, held
306-26	by the distributor at 12:01 a.m. on July 1, 2012, and is computed at the rate of two (2.0) mills per
306-27	cigarette in the package to which the stamps are affixed or to be affixed.
306-28	(d) Each person subject to the payment of the tax imposed by this section shall, on or
306-29	before July 10, 2012, file a return with the tax administrator on forms furnished by him or her,
306-30	under oath or certified under the penalties of perjury, showing the amount of cigarettes or stamps
306-31	in that person's possession in this state at 12:01 a.m. on July 1, 2012, and the amount of tax due,
306-32	and shall at the time of filing the return pay the tax to the tax administrator. Failure to obtain
306-33	forms shall not be an excuse for the failure to make a return containing the information required
306-34	by the tax administrator.
307-1	(e) The tax administrator may promulgate rules and regulations, not inconsistent with
307-2	law, with regard to the assessment and collection of the tax imposed by this section.
307-3	SECTION 10. Section 44-20.2-1 of the General Laws in Chapter 44-20.2 entitled "Little
307-4	Cigar Tax" are hereby amended to read as follows:
307-5	44-20.2-1. Definitions. -- Whenever used in this chapter, unless the context requires
307-6	otherwise:
307-7	(1) "Administrator" means the tax administrator;
307-8	(2) "Dealer" means any person whether located within or outside of this state, who sells
307-9	or distributes little cigars to a consumer in this state;
307-10	(3) "Distributor" means any person:
307-11	(i) Whether located within or outside of this state, other than a dealer, who sells or
307-12	distributes little cigars within or into this state. Such term shall not include any little cigar
307-13	manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. §
307-14	5712, if such person sells or distributes little cigars in this state only to licensed distributors, or to
307-15	an export warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. §
307-16	5712;
307-17	(ii) Selling little cigars directly to consumers in this state by means of at least twenty-five
307-18	(25) little cigar vending machines.
307-19	(4) "Importer" means any person who imports into the United States, either directly or
307-20	indirectly, a finished little cigar for sale or distribution;
307-21	(5) "Licensed" when used with reference to a manufacturer, importer, distributor or
307-22	dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for
307-23	the type of business being engaged in. When the term "licensed" is used before a list of entities,
307-24	such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be
307-25	deemed to apply to each entity in such list;
307-26	(6) "Little cigars" means and includes any roll, made wholly or in part of tobacco,
307-27	irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or
307-28	mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco
307-29	wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except
307-30	where such wrapper is wholly or in greater part made of tobacco and where such roll has an
307-31	integrated filter and ~~such roll~~ weighs over ~~three (3)~~ four (4) pounds per thousand (1,000);
307-32	(7) "Manufacturer" means any person who manufactures, fabricates, assembles,
307-33	processes, or labels a finished little cigar;
308-34	(8) "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or
308-35	association, however formed;
308-36	(9) "Place of business" means and includes any place where little cigars are sold or where
308-37	little cigars are stored or kept for the purpose of sale or consumption, including any vessel,
308-38	vehicle, airplane, train, or vending machine;
308-39	(10) "Sale" or "Sell" includes and applies to gifts, exchanges, and barter;
308-40	(11) "Snuff" means any finely cut, ground, or powdered tobacco that is not intended to be
308-41	smoked;
308-42	(12) "Stamp" means the impression, device, stamp, label, or print manufactured, printed,
308-43	or made as prescribed by the administrator to be affixed to packages of little cigars, as evidence
308-44	of the payment of the tax provided by this chapter or to indicate that the little cigars are intended
308-45	for a sale or distribution in this state that is exempt from state tax under the provisions of state
308-46	law and also includes impressions made by metering machines authorized to be used under the
308-47	provisions of this chapter.
308-48	SECTION 11. Sections 44-31.2-2, 44-31.2-5, and 44-31.2-6 of the General Laws in
308-49	Chapter 44-31.2 entitled “Motion Picture Production Tax Credit” are hereby amended to read as
308-50	follows:
308-51	44-31.2-2. Definitions. -- For the purposes of this chapter:
308-52	(1) "Accountant's certification" as provided in this chapter means a certified audit by a
308-53	Rhode Island certified public accountant licensed in accordance with section 5-3.1.
308-54	(2) "Base investment" means the actual investment made and expended by a state-
308-55	certified production in the state as production-related costs.
308-56	(3) “Documentary Production” means a non-fiction production intended for educational
308-57	or commercial distribution that may require out of state principal photography.
308-58	~~(3)~~(4) "Domiciled in Rhode Island" means a corporation incorporated in Rhode Island or
308-59	a partnership, limited liability company, or other business entity formed under the laws of the
308-60	state of Rhode Island for the purpose of producing motion pictures as defined in this section, or
308-61	an individual who is a domiciled resident of the state of Rhode Island as defined in chapter 30 of
308-62	this title.
308-63	(5) “Final Production Budget” means and includes the total pre-production, production
308-64	and post-production out-of-pocket costs incurred and paid in connection with the making of the
308-65	motion picture. The final production budget excludes costs associated with the promotion or
308-66	marketing of the motion picture
308-67	~~(4)~~(6) "Motion picture" means a feature-length film, documentary production, video,
308-68	video games, television series, or commercial made in Rhode Island, in whole or in part, for
309-1	theatrical or television viewing or as a television pilot or for educational distribution. The term
309-2	"motion picture" shall not include the production of television coverage of news or athletic
309-3	events, nor shall it apply to any film, video, television series or commercial or a production for
309-4	which records are required under section 2257 of title 18, U.S.C., to be maintained with respect to
309-5	any performer in such production or reporting of books, films, etc. with respect to sexually
309-6	explicit conduct.
309-7	~~(5)~~(7) "Motion picture production company" means a corporation, partnership, limited
309-8	liability company or other business entity engaged in the business of producing one or more
309-9	motion pictures as defined in this section. Motion picture production company shall not mean or
309-10	include: (a) any company owned, affiliated, or controlled, in whole or in part by any company or
309-11	person which is in default: (i) on taxes owed to the state; or (ii) on a loan made by the state; or
309-12	(iii) a loan guaranteed by the state; nor (iv) any company or person who has even declared
309-13	bankruptcy under which an obligation of the company or person to pay or repay public funds or
309-14	monies was discharged as a part of such bankruptcy.
309-15	~~(6)~~(8) "Primary locations" means the locations within which (1) at least fifty-one percent
309-16	(51%) of the motion picture principal photography days are filmed. ; or (2) at least fifty-one
309-17	percent (51%) of the motion picture’s final production budget is spent and employs at least five
309-18	(5) individuals during the production in this state; or (3) for documentary productions, the
309-19	location of at least fifty-one percent (51%) of the total productions days, which shall include pre-
309-20	production and post-production locations.
309-21	~~(7)~~(9) "Rhode Island film and television office" means an office within the Rhode Island
309-22	state council on the arts that has been established in order to promote and encourage the locating
309-23	of film and television productions within the state of Rhode Island. The office is also referred to
309-24	within as the "film office".
309-25	~~(8)~~(10) "State-certified production" means a motion picture production approved by the
309-26	Rhode Island film office and produced by a motion picture production company domiciled in
309-27	Rhode Island, whether or not such company owns or controls the copyright and distribution rights
309-28	in the motion picture; provided, that such company has either: (a) signed a viable distribution
309-29	plan; or (b) is producing the motion picture for: (i) a major motion picture distributor; (ii) a major
309-30	theatrical exhibitor; (iii) television network; or (iv) cable television programmer.
309-31	~~(9)~~(11) "State certified production cost" means any pre-production, production and post-
309-32	production cost that a motion picture production company incurs and pays to the extent it occurs
309-33	within the state of Rhode Island. Without limiting the generality of the foregoing, "state certified
309-34	production costs" include: set construction and operation; wardrobes, make-up, accessories, and
310-1	related services; costs associated with photography and sound synchronization, lighting, and
310-2	related services and materials; editing and related services, including, but not limited to, film
310-3	processing, transfers of film to tape or digital format, sound mixing, computer graphics services,
310-4	special effects services, and animation services, salary, wages, and other compensation, including
310-5	related benefits, of persons employed, either director or indirectly, in the production of a film
310-6	including writer, motion picture director, producer (provided the work is performed in the state of
310-7	Rhode Island); rental of facilities and equipment used in Rhode Island; leasing of vehicles; costs
310-8	of food and lodging; music, if performed, composed, or recorded by a Rhode Island musician, or
310-9	released or published by a person domiciled in Rhode Island; travel expenses incurred to bring
310-10	persons employed, either directly or indirectly, in the production of the motion picture, to Rhode
310-11	Island (but not expenses of such persons departing from Rhode Island); and legal (but not the
310-12	expense of a completion bond or insurance and accounting fees and expenses related to the
310-13	production's activities in Rhode Island); provided such services are provided by Rhode Island
310-14	licensed attorneys or accountants.
310-15	44-31.2-5. Motion picture production company tax credit. -- (a) A motion picture
310-16	production company shall be allowed a credit to be computed as provided in this chapter against a
310-17	tax imposed by chapters 11, 14, 17 and 30 of this title. The amount of the credit shall be twenty-
310-18	five percent (25%) of the state certified production costs incurred directly attributable to activity
310-19	within the state, provided that the primary locations ~~are within~~ being the state of Rhode Island
310-20	and the total production budget as defined herein is a minimum of ~~three~~ one hundred thousand
310-21	dollars ~~($300,000)~~ ($100,000). The credit shall be earned in the taxable year in which production
310-22	in Rhode Island is completed, as determined by the film office in final certification pursuant to
310-23	subsection 44-31.2-6(c).
310-24	(b) For the purposes of this section: "total production budget" means and includes the
310-25	motion picture production company's pre-production, production and post-production costs
310-26	incurred for the production activities of the motion picture production company in Rhode Island
310-27	in connection with the production of a state-certified production. The budget shall not include
310-28	costs associated with the promotion or marketing of the film, video or television product.
310-29	(c) The credit shall not exceed the total production budget and shall be allowed against
310-30	the tax for the taxable period in which the credit is earned and can be carried forward for not
310-31	more than three (3) succeeding tax years.
310-32	(d) Credits allowed to a motion picture production company, which is a subchapter S
310-33	corporation, partnership, or a limited liability company that is taxed as a partnership, shall be
310-34	passed through respectively to persons designated as partners, members or owners on a pro rata
311-1	basis or pursuant to an executed agreement among such persons designated as subchapter S
311-2	corporation shareholders, partners, or members documenting an alternate distribution method
311-3	without regard to their sharing of other tax or economic attributes of such entity.
311-4	(e) No more than fifteen million dollars ($15,000,000) may be issued for any tax year
311-5	beginning after December 31, 2007.
311-6	44-31.2-6. Certification and administration. -- (a) Initial certification of a production.
311-7	The applicant shall properly prepare, sign and submit to the film office an application for initial
311-8	certification of the Rhode Island production. The application shall include such information and
311-9	data as the film office deems necessary for the proper evaluation and administration of said
311-10	application, including, but not limited to, any information about the motion picture production
311-11	company, and a specific Rhode Island motion picture. The film office shall review the completed
311-12	application and determine whether it meets the requisite criteria and qualifications for the initial
311-13	certification for the production. If the initial certification is granted, the film office shall issue a
311-14	notice of initial certification of the motion picture production to the motion picture production
311-15	company and to the tax administrator. The notice shall state that, after appropriate review, the
311-16	initial application meets the appropriate criteria for conditional eligibility. The notice of initial
311-17	certification will provide a unique identification number for the production and is only a
311-18	statement of conditional eligibility for the production and, as such, does not grant or convey any
311-19	Rhode Island tax benefits.
311-20	(b) Final certification of a production. Upon completion of the Rhode Island production
311-21	activities, the applicant shall request a certificate of good standing from the Rhode Island division
311-22	of taxation. ~~The division shall expedite the process for reviewing the issuance of such certificates.~~
311-23	Such certificates shall verify to the film office the motion picture production company's
311-24	compliance with the requirements of subsection 44-31.2-2(5). The applicant shall properly
311-25	prepare, sign and submit to the film office an application for final certification of the production
311-26	and which must include the certificate of good standing from the division of taxation. In addition,
311-27	the application shall contain such information and data as the film office determines is necessary
311-28	for the proper evaluation and administration, including, but not limited to, any information about
311-29	the motion picture production company, its investors and information about the production
311-30	previously granted initial certification. The final application shall also contain a cost report and an
311-31	"accountant's certification". The film office and tax administrator may rely without independent
311-32	investigation, upon the accountant's certification, in the form of an opinion, confirming the
311-33	accuracy of the information included in the cost report. Upon review of a duly completed and
311-34	filed application, the film office will make a determination pertaining to the final certification of
312-1	the production ~~and the resultant credits for § 44-31.2-5~~. Within ninety (90) days after the division
312-2	of taxation's receipt of the motion picture production company final certification and cost report,
312-3	the division of taxation shall issue a certification of the amount of credit for which the motion
312-4	picture production company qualifies under section 44-31.2-5. To claim the tax credit, the
312-5	division of taxation's certification as to the amount of the tax credit shall be attached to all state
312-6	tax returns on which the credit is claimed.
312-7	(c) Final certification and credits. Upon determination that the motion picture production
312-8	company qualifies for final certification ~~and the resultant credits~~, the film office shall issue a
312-9	letter to the production company indicating "certificate of completion of a state certified
312-10	production" ~~and shall provide specifically designed certificates for the motion picture production~~
312-11	~~company credit under § 44-31.2-5~~. All documents that are issued by the film office pursuant to
312-12	this section shall reference the identification number that was issued to the production as part of
312-13	its initial certification.
312-14	(d) The director of the Rhode Island film and television office, in consultation as needed
312-15	with the tax administrator, shall promulgate such rules and regulations as are necessary to carry
312-16	out the intent and purposes of this chapter in accordance with the general guidelines provided
312-17	herein for the certification of the production and the resultant production credit.
312-18	(e) The tax administrator of the division of taxation, in consultation with the director of
312-19	the Rhode Island film and television office, shall promulgate such rules and regulations as are
312-20	necessary to carry out the intent and purposes of this chapter in accordance with the general
312-21	guidelines for the tax credit provided herein.
312-22	(f) Any motion picture production company applying for the credit shall be required to
312-23	reimburse the division of taxation for any audits required in relation to granting the credit.
312-24	SECTION 12. Chapter 44-31.2 of the General Laws entitled “Motion Picture Production
312-25	Tax Credit” is hereby amended by adding thereto the following section:
312-26	44-31.2-6. Sunset. -- No credits shall be issued on or after July 1, 2019 unless the
312-27	production has received initial certification under subsection 44-31.2-6(a) prior to July 1, 2019.
312-28	SECTION 13. Section 44-44-2 of the General Laws in Chapter 44-44 entitled "Taxation
312-29	of Beverage Containers, Hard-to-Dispose Material and Litter Control Participation" is hereby
312-30	amended to read as follows:
312-31	44-44-2. Definitions. -- As used in this chapter:
312-32	(1) "Beverage" ~~means carbonated soft drinks, soda water, mineral water, bottled water,~~
312-33	~~and~~ all non alcoholic drinks for human consumption, except milk but including beer and other
312-34	malt beverages.
313-1	(2) "Beverage container" means any sealable bottle, can, jar, or carton which contains a
313-2	beverage.
313-3	(3) "Beverage retailer" means any person who engages in the sale of a beverage container
313-4	to a consumer within the state of Rhode Island, including any operator of a vending machine.
313-5	(4) "Beverage wholesaler" means any person who engages in the sale of beverage
313-6	containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who
313-7	engages in those sales.
313-8	(5) "Case" means:
313-9	(i) Forty-eight (48) beverage containers sold or offered for sale within this state when
313-10	each beverage container has a liquid capacity of seven (7) fluid ounces or less;
313-11	(ii) Twenty-four (24) beverage containers sold or offered for sale within this state when
313-12	each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or
313-13	equal to sixteen and nine tenths (16.9) fluid ounces;
313-14	(iii) Twelve (12) beverage containers sold or offered for sale within this state when each
313-15	beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces
313-16	but less than thirty-three and nine tenths (33.9) fluid ounces; and
313-17	(iv) Six (6) beverage containers sold or offered for sale within this state when each
313-18	beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or
313-19	more.
313-20	(6) A permit issued in accordance with § 44-44-3.1(1) is called a Class A permit.
313-21	(7) A permit issued in accordance with § 44-44-3.1(2) is called a Class B permit.
313-22	(8) A permit issued in accordance with § 44-44-3.1(3) is called a Class C permit.
313-23	(9) A permit issued in accordance with § 44-44-3.1(4) is called a Class D permit.
313-24	(10) A permit issued in accordance with § 44-44-3.1(5) is called a Class E permit.
313-25	(11) "Consumer" means any person who purchases a beverage in a beverage container for
313-26	use or consumption with no intent to resell that filled beverage container.
313-27	(12) "Gross receipts" means those receipts reported for each location to the tax
313-28	administrator included in the measure of tax imposed under chapter 18 of this title, as amended.
313-29	For those persons having multiple locations' receipts reported to the tax administrator the "gross
313-30	receipts" to be aggregated shall be determined by each individual sales tax permit number. The
313-31	term gross receipts shall be computed without deduction for retail sales of items in activities other
313-32	than those which this state is prohibited from taxing under the constitution of the United States.
313-33	(13) "Hard-to-dispose material" is as defined in § 37-15.1-3.
314-34	(14) "Hard-to-dispose material retailer" means any person who engages in the retail sale
314-35	of hard-to-dispose material (as defined in § 37-15.1-3) in this state.
314-36	(15) "Hard-to-dispose material wholesaler" means any person, wherever located, who
314-37	engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in
314-38	this state (including manufacturers, refiners, and distributors and retailers), and to other persons
314-39	as defined above.
314-40	(16) "New vehicle" means any mode of transportation for which a certificate of title is
314-41	required pursuant to title 31 and for which a certificate of title has not been previously issued in
314-42	this state or any other state or country.
314-43	(17) "Organic solvent" is as defined in § 37-15.1-3.
314-44	(18) "Person" means any natural person, corporation, partnership, joint venture,
314-45	association, proprietorship, firm, or other business entity.
314-46	(19) "Prior calendar year" means the period beginning with January 1 and ending with
314-47	December 31 immediately preceding the permit application due date.
314-48	(20) "Qualifying activities" means selling or offering for retail sale food or beverages for
314-49	immediate consumption and/or packaged for sale on a take out or to go basis regardless of
314-50	whether or not the items are subsequently actually eaten on or off the vendor's premises.
314-51	(21) "Vending machine" means a self-contained automatic device that dispenses for sale
314-52	foods, beverages, or confection products.
314-53	SECTION 14. This article shall take effect as of July 1, 2012.
314-54	ARTICLE 25
314-55	RELATING TO DIVISION OF MOTOR VEHICLES
314-56	SECTION 1. Section 31-22-11 of the General Laws in Chapter 31-22 entitled
314-57	“Miscellaneous Rules” is hereby amended to read as follows:
314-58	31-22-11. Inspection of school buses. -- (a) The division of motor vehicles shall inspect
314-59	or cause to be inspected all school buses used for the transportation of school children as defined
314-60	in § 31-1-3(v) at least twice throughout the year. Both of the inspections are to be done at a state
314-61	certified facility on a semiannual scheduled basis. These inspections will be known as tear down
314-62	inspections that will include pulling wheels at least once each year if the school bus is equipped
314-63	with drum brakes and any other work deemed necessary by the state employed or state certified
314-64	inspectors. Reports of the inspections shall be made in writing and shall be filed with the
314-65	inspection division of the department of revenue, and the reports shall be available at no cost for
314-66	public inspection during usual business hours of the division. In the event that a school bus does
314-67	not pass an inspection and a re-inspection is required, the division of motor vehicles shall impose
314-68	a fee of one hundred dollars ($100) for each re-inspection.
315-1	(b) Upon receipt of the report, the inspection division shall immediately forward a copy
315-2	to the registered owner and to the superintendent and school committee of the school district for
315-3	which the school bus transports children.
315-4	SECTION 2. Section 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled
315-5	“Transportation Investment and Debt Reduction Act of 2011” is hereby amended to read as
315-6	follows:
315-7	39-18.1-4. Rhode Island highway maintenance trust fund created. -- (a) There is
315-8	hereby created a special account in the general fund to be known as the Rhode Island Highway
315-9	Maintenance Trust Fund.
315-10	(b) The fund shall consist of all those moneys which the state may from time to time
315-11	direct to the fund, including, but not necessarily limited to, moneys derived from the following
315-12	sources:
315-13	(1) Beginning on January 1, 2013, tThere is imposed a surcharge of thirty dollars
315-14	($30.00) per passenger car and light truck to be paid by each car and light truck owner in order to
315-15	register that owner's vehicle and upon each subsequent biennial registration~~. This surcharge shall~~
315-16	~~be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars~~
315-17	~~($10.00) from July 1, 2013 through June 30, 2014, twenty dollars ($20.00) from July 1, 2014~~
315-18	~~through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015 through June 30, 2016 and~~
315-19	~~each year thereafter.~~
315-20	(2) Beginning on January 1, 2013, tThere is imposed a surcharge of fifteen dollars
315-21	($15.00) per car and truck, for those cars and trucks subject to annual registration, to be paid
315-22	annually by each car and truck owner in order to register that owner's vehicle and upon each
315-23	subsequent annual registration. ~~This surcharge will be phased in at the rate of five dollars ($5.00)~~
315-24	~~each year. The total surcharge will be five dollars ($5.00) from July 1, 2013 through June 30,~~
315-25	~~2014, ten dollars ($10.00) from July 1, 2014 through June 30, 2015, and fifteen dollars ($15.00)~~
315-26	~~from July 1, 2015 through June 30, 2016 and each year thereafter.~~
315-27	(3) Beginning on January 1, 2013, tThere is imposed a surcharge of thirty dollars
315-28	($30.00) per operator's license to be paid every five (5) years by each licensed operator of motor
315-29	vehicles. ~~This surcharge will be phased in at the rate of ten dollars ($10.00) each year. The total~~
315-30	~~surcharge will be ten dollars ($10.00) from July 1, 2013 through June 30, 2014, twenty dollars~~
315-31	~~($20.00) from July 1, 2014 through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015~~
315-32	~~through June 30, 2016 and each year thereafter.~~
315-33	(c) For the fiscal year ending June 30, 2013, all revenues collected pursuant to this
315-34	section shall be deposited in the intermodal surface transportation fund as established in section
316-1	35-4-11. For the fiscal year beginning July 1, 2013 and ending June 30, 2014, one-third (1/3) of
316-2	the revenues collected pursuant to this section shall be deposited in the Rhode Island highway
316-3	maintenance trust fund with two-thirds (2/3) of the revenues collected pursuant to this section
316-4	deposited in the intermodal surface transportation fund. For the fiscal year beginning July 1,
316-5	2014 and ending June 30, 2015, two-thirds (2/3) of the revenues collected pursuant to this section
316-6	shall be deposited in the Rhode Island highway maintenance trust fund with one-third (1/3) of the
316-7	revenues collected pursuant to this section deposited in the intermodal surface transportation
316-8	fund. Effective for the fiscal years beginning on July 1, 2015 and thereafter, aAll funds collected
316-9	pursuant to this section shall be deposited in the highway maintenance trust fund and shall be
316-10	used only for the purposes set forth in this chapter.
316-11	(d) Unexpended balances and any earnings thereon shall not revert to the general fund but
316-12	shall remain in the highway maintenance fund. There shall be no requirement that moneys
316-13	received into the highway maintenance trust fund during any given calendar year or fiscal year be
316-14	expended during the same calendar year or fiscal year.
316-15	(e) The highway maintenance trust fund shall be administered by the director, who shall
316-16	allocate and spend moneys from the fund only in accordance with the purposes and procedures
316-17	set forth in this chapter.
316-18	SECTION 3. This article shall take effect upon passage.
316-19	ARTICLE 26
316-20	RELATING TO MUNICIPALITIES
316-21	SECTION 1. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled “Video
316-22	Lottery Terminal” is hereby amended to read as follows:
316-23	42-61.2-7. Division of revenue.-- (a) Notwithstanding the provisions of § 42-61-15, the
316-24	allocation of net terminal income derived from video lottery games is as follows:
316-25	(1) For deposit in the general fund and to the state lottery division fund for administrative
316-26	purposes: Net terminal income not otherwise disbursed in accordance with subdivisions (a)(2) –
316-27	(a)(6) herein;
316-28	(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one
316-29	percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally
316-30	allocated to the distressed communities as defined in § 45-13-12 provided that no eligible
316-31	community shall receive more than twenty-five percent (25%) of that community's currently
316-32	enacted municipal budget as its share under this specific subsection. Distributions made under
316-33	this specific subsection are supplemental to all other distributions made under any portion of
316-34	general laws § 45-13-12. For the fiscal year ending June 30, 2008 distributions by community
317-1	shall be identical to the distributions made in the fiscal year ending June 30, 2007 and shall be
317-2	made from general appropriations. For the fiscal year ending June 30, 2009, the total state
317-3	distribution shall be the same total amount distributed in the fiscal year ending June 30, 2008 and
317-4	shall be made from general appropriations. For the fiscal year ending June 30, 2010, the total
317-5	state distribution shall be the same total amount distributed in the fiscal year ending June 30,
317-6	2009 and shall be made from general appropriations, provided however that $784,458 of the total
317-7	appropriation shall be distributed equally to each qualifying distressed community. For each of
317-8	the fiscal years ending June 30, 2011, ~~and~~ June 30, 2012, and June 30, 2013 seven hundred
317-9	eighty-four thousand four hundred fifty-eight dollars ($784,458) of the total appropriation shall
317-10	be distributed equally to each qualifying distressed community.
317-11	(ii) Five one hundredths of one percent (0.05%) up to a maximum of five million dollars
317-12	($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of § 44-33-
317-13	2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum
317-14	amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit
317-15	of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be
317-16	less than the prior fiscal year.
317-17	(iii) One and twenty-two one hundredths of one percent (1.22%) to fund § 44-34.1-1,
317-18	entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum
317-19	amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event
317-20	shall the exemption in any fiscal year be less than the prior fiscal year.
317-21	(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent
317-22	(0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to
317-23	communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of
317-24	general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008
317-25	distributions by community shall be identical to the distributions made in the fiscal year ending
317-26	June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30,
317-27	2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010 and thereafter,
317-28	funding shall be determined by appropriation.
317-29	(2) To the licensed video lottery retailer:
317-30	(a)(i) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-six
317-31	percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars
317-32	($384,996);
317-33	(ii) On and after the effective date of the NGJA Master Contract, to the licensed video
317-34	lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said
318-1	Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars
318-2	($384,996).
318-3	(b)(i) Prior to the effective date of the UTGR Master Contract, to the present licensed
318-4	video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-
318-5	eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven
318-6	thousand six hundred eighty-seven dollars ($767,687);
318-7	(ii) On and after the effective date of the UTGR Master Contract, to the licensed video
318-8	lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said
318-9	Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars
318-10	($767,687).
318-11	(3)(i) To the technology providers who are not a party to the GTECH Master Contract as
318-12	set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net terminal
318-13	income of the provider's terminals; in addition thereto, technology providers who provide
318-14	premium or licensed proprietary content or those games that have unique characteristics such as
318-15	3D graphics, unique math/game play features or merchandising elements to video lottery
318-16	terminals may receive incremental compensation, either in the form of a daily fee or as an
318-17	increased percentage, if all of the following criteria are met:
318-18	(A) A licensed video lottery retailer has requested the placement of premium or licensed
318-19	proprietary content at its licensed video lottery facility;
318-20	(B) The division of lottery has determined in its sole discretion that the request is likely to
318-21	increase net terminal income or is otherwise important to preserve or enhance the competiveness
318-22	of the licensed video lottery retailer;
318-23	(C) After approval of the request by the division of lottery, the total number of premium
318-24	or licensed propriety content video lottery terminals does not exceed ten percent (10%) of the
318-25	total number of video lottery terminals authorized at the respective licensed video lottery retailer;
318-26	and
318-27	(D) All incremental costs are shared between the division and the respective licensed
318-28	video lottery retailer based upon their proportionate allocation of net terminal income. The
318-29	division of lottery is hereby authorized to amend agreements with the licensed video lottery
318-30	retailers, or the technology providers, as applicable, to effect the intent herein.
318-31	(ii) To contractors who are a party to the Master Contract as set forth and referenced in
318-32	Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;
318-33	(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted
318-34	proportionately from the payments to technology providers the sum of six hundred twenty-eight
319-1	thousand seven hundred thirty-seven dollars ($628,737);
319-2	(4) To the city of Newport one and one hundredth percent (1.01%) of net terminal income
319-3	of authorized machines at Newport Grand except that effective November 9, 2009 until June 30,
319-4	2012, the allocation shall be one and two tenths percent (1.2%) of net terminal income of
319-5	authorized machines at Newport Grand for each week the facility operates video lottery games on
319-6	a twenty-four (24) hour basis for all eligible hours authorized and to the town of Lincoln one and
319-7	twenty-six hundredths percent (1.26%) of net terminal income of authorized machines at Lincoln
319-8	Park except that effective November 9, 2009 until June 30, 2012, the allocation shall be one and
319-9	forty-five hundredths percent (1.45%) of net terminal income of authorized machines at Lincoln
319-10	Park for each week the facility operates video lottery games on a twenty-four (24) hour basis for
319-11	all eligible hours authorized; and
319-12	(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net
319-13	terminal income of authorized machines at Lincoln Park up to a maximum of ten million dollars
319-14	($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a
319-15	Tribal Development Fund to be used for the purpose of encouraging and promoting: home
319-16	ownership and improvement, elderly housing, adult vocational training; health and social
319-17	services; childcare; natural resource protection; and economic development consistent with state
319-18	law. Provided, however, such distribution shall terminate upon the opening of any gaming facility
319-19	in which the Narragansett Indians are entitled to any payments or other incentives; and provided
319-20	further, any monies distributed hereunder shall not be used for, or spent on previously contracted
319-21	debts; and
319-22	(6) Unclaimed prizes and credits shall remit to the general fund of the state; and
319-23	(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)(6) shall
319-24	be made on an estimated monthly basis. Payment shall be made on the tenth day following the
319-25	close of the month except for the last month when payment shall be on the last business day.
319-26	(b) Notwithstanding the above, the amounts payable by the Division to UTGR related to
319-27	the Marketing Program shall be paid on a frequency agreed by the Division, but no less
319-28	frequently than annually.
319-29	(c) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the
319-30	Director is authorized to fund the Marketing Program as described above in regard to the First
319-31	Amendment to the UTGR Master Contract.
319-32	(d) Notwithstanding the above, the amounts payable by the Division to Newport Grand
319-33	related to the Marketing Program shall be paid on a frequency agreed by the Division, but no less
319-34	frequently than annually.
320-1	(e) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the
320-2	Director is authorized to fund the Marketing Program as described above in regard to the First
320-3	Amendment to the Newport Grand Master Contract.
320-4	SECTION 2. Section 45-13-12 of the General Laws in Chapter 45-13 entitled “Distressed
320-5	communities relief fund” is hereby amended to read as follows:
320-6	45-13-12. Distressed communities relief fund. -- (a) There is established a fund to
320-7	provide state assistance to those Rhode Island cities and towns which have the highest property
320-8	tax burdens relative to the wealth of taxpayers.
320-9	(b) Establishment of indices. Four (4) indices of distress shall be established to determine
320-10	eligibility for the program. Each community shall be ranked by each distress index and any
320-11	community which falls into the lowest twenty percent (20%) of at least three (3) of the four (4)
320-12	indices shall be eligible to receive assistance. The four (4) indices are established as follows:
320-13	(1) Percent of tax levy to full value of property. This shall be computed by dividing the
320-14	tax levy of each municipality by the full value of property for each municipality. For the 1990-91
320-15	fiscal year, tax levy and full value shall be as of the assessment date December 31, 1986.
320-16	(2) Per capita income. This shall be the most recent estimate reported by the U.S.
320-17	Department of Commerce, Bureau of the Census.
320-18	(3) Percent of personal income to full value of property. This shall be computed by
320-19	multiplying the per capita income above by the most recent population estimate as reported by the
320-20	U.S. Department of Commerce, Bureau of the Census, and dividing the result by the full value of
320-21	property.
320-22	(4) Per capita full value of property. This shall be the full value of property divided by
320-23	the most recent estimate of population by the U.S. Department of Commerce, Bureau of the
320-24	Census.
320-25	(c) Distribution of funds. Funds shall be distributed to each eligible community on the
320-26	basis of the community's tax levy relative to the total tax levy of all eligible communities. For the
320-27	fiscal year 1990-91, the reference year for the tax levy shall be the assessment date of December
320-28	31, 1988. For each fiscal year thereafter, except for fiscal year 2007-2008, the reference year and
320-29	the fiscal year shall bear the same relationship. For the fiscal year 2007-2008 the reference year
320-30	shall be the same as for the distributions made in fiscal year 2006-2007.
320-31	Any newly qualifying community shall be paid fifty percent (50%) of current law
320-32	requirements the first year it qualifies. The remaining fifty percent (50%) shall be distributed to
320-33	the other distressed communities proportionately. When any community falls out of the distressed
320-34	community program, it shall receive a one-time payment of fifty percent (50%) of the prior year
321-1	requirement exclusive of any reduction for first year qualification. The community shall be
321-2	considered a distressed community in the fall-out year.
321-3	(d) Appropriation of funds. The state of Rhode Island shall appropriate funds in the
321-4	annual appropriations act to support this program. For each of the fiscal years ending June 30,
321-5	2011, ~~and~~ June 30, 2012, and June 30, 2013 seven hundred eighty-four thousand four hundred
321-6	fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to each
321-7	qualifying distressed community.
321-8	(e) Payments. Payments shall be made to eligible communities each March equal to one
321-9	half of the appropriated amount and each August equal to one half of the appropriated amount.
321-10	SECTION 3. Section 45-65-6 of the General Laws in Chapter 45-65 entitled “Retirement
321-11	Security Act for Locally Administered Pension Funds” is hereby amended to read as follows:
321-12	45-65-6. Certification and notice requirements. -- (1) Every municipality that
321-13	maintains a locally administered plan shall submit its initial annual actuarial valuation study to
321-14	the study commission created herein under § 45-64-8 on or before April 1, 2012, and for each
321-15	plan year ending on or after December 31, 2012, within six (6) months of completing such plan
321-16	year. The initial actuarial experience study shall be submitted to the study commission on or
321-17	before April 1, 2012, and subsequent actuarial experience studies must be submitted to the study
321-18	commission no less frequently than once every three (3) years.
321-19	(2) In any case in which an actuary certifies that a locally administered plan is in critical
321-20	status for a plan year, the municipality administering such a plan shall, not later than thirty (30)
321-21	business days following the certification, provide notification of the critical status to the
321-22	participants and beneficiaries of the plan and to the general assembly, the governor, the general
321-23	treasurer, the director of revenue, and the auditor general. The notification shall also be posted
321-24	electronically on the general treasurer's website. Within one hundred eighty (180) days of sending
321-25	the critical status notice, the municipality shall submit to the study commission a reasonable
321-26	alternative funding improvement plan to emerge from critical status.
321-27	(3) The state shall reimburse every municipality for fifty percent (50%) of the cost of
321-28	undertaking its annual actuarial valuation study, which is due on April 1, 2012.
321-29	(4) Notwithstanding any other law to the contrary, the funding improvement plans and
321-30	actuarial valuation studies submitted pursuant to this section shall be public records.
321-31	SECTION 4. This article shall take effect upon passage.
321-32	ARTICLE 27
321-33	RELATING TO HISTORIC PRESERVATION TAX CREDIT TRUST FUND
322-34	SECTION 1. Section 44-33.2-4.1 of the General Laws in Chapter 44-33.2 entitled
322-35	“Historic Structures – Tax Credit” is hereby amended to read as follows:
322-36	44-33.2-4.1. Historic preservation tax credit trust fund. -- All processing fees
322-37	collected pursuant to this chapter after June 30, 2008 shall be deposited in a historic preservation
322-38	tax credit restricted receipt account within the ~~state general~~ historic preservation tax credit trust
322-39	fund, which shall be used, to the extent resources are available, ~~to fund historic structure tax~~
322-40	~~credits taken by taxpayers~~ to refund or reimburse historic tax credit processing fees paid by
322-41	developers as certified by the division of taxation.
322-42	SECTION 2. This article shall take effect upon passage.
322-43	ARTICLE 28
322-44	RELATING TO CENTRAL FALLS
322-45	SECTION 1. In providing a one-time lump-sum appropriation to the City of Central
322-46	Falls for the benefit of municipal retirees who sustained significant pension reductions, the State
322-47	hereby restricts the use of said funds by Public Law otherwise referred to as “the Appropriation
322-48	Legislation.” The restrictions shall conform with the provisions in that certain Settlement
322-49	Agreement entered into by and among the Receiver for the City of Central Falls, the State of
322-50	Rhode Island Department of Revenue, Central Falls Police Retirees Association, Inc., Central
322-51	Falls Firefighter Retirees Association, Inc., and each and every one of the individuals who signed
322-52	the Settlement Agreement, including the Central Falls Police or Firefighter retirees, or each of
322-53	their surviving spouses or beneficiaries. This Settlement Agreement, approved by the Federal
322-54	Bankruptcy Court in the matter of In Re: City of Central Falls, Rhode Island Chapter 9, Case No.
322-55	11-13105-FJB on January 9, 2012, provides in relevant part as follows:
322-56	4.1. The Appropriation Legislation shall provide that the proceeds of the above-
322-57	referenced one-time lump sum payment be immediately deposited by the City into a restricted
322-58	federally backed or federally insured interest-bearing account under the name of the City and
322-59	denominated the “Participating Retirees’ Restricted 5-Year Account.” Within thirty (30) days
322-60	after receipt of the appropriation from the State, for fiscal year ending 2012, the City (jointly with
322-61	either the Receiver or an administrative and finance officer appointed by the Director for the
322-62	City) shall withdraw from the Participating Retirees’ Restricted 5-Year Account exactly the funds
322-63	needed to and shall thereupon promptly pay and distribute to Participating Retirees the so-called
322-64	“Appropriation Payments” set forth on APPENDIX B. Thereafter, during the months of July in
322-65	fiscal years ending 2013, 2014, 2015, and 2016, the City (jointly with either the Receiver or an
322-66	administrative and finance officer appointed by the Director for the City) shall withdraw from the
322-67	Participating Retirees’ Restricted 5-Year Account exactly the funds needed to and shall thereupon
322-68	promptly pay and distribute to Participating Retirees the so-called “Appropriation Payments” set
323-1	forth on APPENDIX B.
323-2	Any and all withdrawals, transfers and payments from the Participating Retirees’
323-3	Restricted 5-Year Account shall require the signature of two (2) persons, one of whom shall be
323-4	either the Receiver or an administrative and finance officer of the City after the Receiver’s duties
323-5	are completed. Within thirty (30) days of the end of fiscal year ending 2016, the City shall
323-6	withdraw the balance of the funds in the Participating Retirees’ Restricted 5-Year Account (i.e.
323-7	the accumulated interest and any remaining sums) and shall pay and distribute those funds to each
323-8	Participating Retiree based on the percentage assigned to each Participating Retiree in
323-9	APPENDIX B under the column entitled “Assigned Percentage,” (such Assigned Percentage
323-10	being the percentage portion that each individual Participating Retiree’s “Step 3” amount is to the
323-11	total of all Step 3 amounts for all Participating Retirees) including as the same may be adjusted
323-12	for any Participating Retiree added or deleted after the Contract Date. After all of the funds in the
323-13	Participating Retirees’ Restricted 5-Year Account have been appropriately distributed, the City
323-14	shall promptly close the Participating Retirees’ Restricted 5-Year Account. The Appropriation
323-15	Legislation shall provide that the Appropriation Payments shall be used solely for the purposes
323-16	and subject to the restrictions set forth in this Agreement and in the Plan, and shall provide for
323-17	and impose personal liability (among other penalties) on the part of any person who utilizes the
323-18	funds in the Participating Retirees’ Restricted 5-Year Account for any purpose other than as set
323-19	forth in this Agreement and the Plan.
323-20	4.2. The Appropriation Legislation and/or a City ordinance shall further provide that the
323-21	Participating Retirees’ Restricted 5-Year Account shall remain under the control of the City
323-22	jointly with either the Receiver or an administrative and finance officer appointed by the Director
323-23	for the City, and that it shall be segregated from and shall not be controlled or managed by any
323-24	third party managing the single Central Falls Pension Plan, whether administered by the City or if
323-25	transitioned into the state-administered Municipal Employee Retirement System (“MERS”).
323-26	Further, the Appropriation Payments shall be paid to Participating Retirees jointly by the City and
323-27	the Receiver or an administrative and finance officer appointed by the Director for the City, and
323-28	not by any third-party pension fund manager. Such Appropriation Payments shall cease after the
323-29	distribution at the end of fiscal year ending 2016 as provided for in Section 4.1 has been
323-30	completed.
323-31	The Appropriation Payments shall not be included in the calculation of the base pension
323-32	benefits of Participating Retirees for purposes of determining a Participating Retiree’s COLA.
323-33	However, a spouse or statutory beneficiary under R.I. Gen. Laws § 45-21.3-1 shall be entitled to
323-34	67.5% of a deceased Participating Retiree’s Appropriation Payment.
324-1	4.3. The City, as overseen by the Receiver or an administrative and finance officer, as the
324-2	case may be, shall maintain appropriate account information and records relating to all receipts
324-3	into, maintenance of, and distributions from the Participating Retirees’ Restricted 5-Year
324-4	Account, and shall allow at all reasonable times for the full inspection of and copying and sharing
324-5	of information about such account and any and all Appropriation Payments by and with any
324-6	Participating Retiree.
324-7	4.4. Any money distributed to a Participating Retiree from the Participating Retirees’
324-8	Restricted 5-Year Account and not claimed by a Participating Retiree after the City has exercised
324-9	good faith attempts over a six (6) month period to deliver it to the best last known address of such
324-10	Participating Retiree shall not escheat under state law, but shall be deposited in the “Participating
324-11	Retirees Wyatt Payments Account” as defined in Section 5.2, which shall thereafter be distributed
324-12	based on the Assigned Percentage to the remaining Participating Retirees at the time of the next
324-13	distribution in accordance with the assigned percentage set forth on APPENDIX B.
324-14	SECTION 2. Section 28-9.1-6 of the General Laws in Chapter 28-9.1 entitled
324-15	“Firefighters’ Arbitration” is hereby amended to read as follows:
324-16	28-9.1-6. Obligation to bargain. -- It shall be the obligation of the city or town, acting
324-17	through its corporate authorities, to meet and confer in good faith with the representative or
324-18	representatives of the bargaining agent within ten (10) days after receipt of written notice from
324-19	the bargaining agent of the request for a meeting for collective bargaining purposes. This
324-20	obligation shall include the duty to cause any agreement resulting from the negotiations to be
324-21	reduced to a written contract, provided that no contract shall exceed the term of one year, unless a
324-22	longer period is agreed upon in writing by the corporate authorities and the bargaining agents, but
324-23	in no event shall the contract exceed the term of three (3) years unless a receiver has been
324-24	appointed for a municipality pursuant to Chapter 45-9, in which case the contract shall not exceed
324-25	the term of five (5) years. An unfair labor practice charge may be complained of by either the
324-26	employer's representative or the bargaining agent to the state labor relations board which shall
324-27	deal with the complaint in the manner provided in chapter 7 of this title.
324-28	SECTION 3. Section 28-9.2-6 of the General Laws in Chapter 28-9.2 entitled “Municipal
324-29	Police Arbitration” is hereby amended to read as follows:
324-30	28-9.2-6. Obligation to bargain. -- It shall be the obligation of the city or town, acting
324-31	through its corporate authorities, to meet and confer in good faith with the designated
324-32	representative or representatives of the bargaining agent, including any legal counsel selected by
324-33	the bargaining agent, within ten (10) days after receipt of written notice from the bargaining agent
324-34	of the request for a meeting for collective bargaining purposes. This obligation includes the duty
325-1	to cause any agreement resulting from the negotiations to be reduced to a written contract,
325-2	provided that no contract shall exceed the term of one year, unless a longer period is agreed upon
325-3	in writing by the corporate authorities and the bargaining agent, but in no event shall the contract
325-4	exceed the term of three (3) years unless a receiver has been appointed for a municipality
325-5	pursuant to chapter 45-9, in which case the contract shall not exceed the term of five (5) years. An
325-6	unfair labor charge may be complained of by either the employer's representative or the
325-7	bargaining agent to the state labor relations board which shall deal with the complaint in the
325-8	manner provided in chapter 7 of this title.
325-9	SECTION 4. Section 28-9.3-4 of the General Laws in Chapter 28-9.3 entitled “Certified
325-10	School Teachers’ Arbitration” is hereby amended to read as follows:
325-11	28-9.3-4. Obligation to bargain. -- It shall be the obligation of the school committee to
325-12	meet and confer in good faith with the representative or representatives of the negotiating or
325-13	bargaining agent within ten (10) days after receipt of written notice from the agent of the request
325-14	for a meeting for negotiating or collective bargaining purposes. This obligation includes the duty
325-15	to cause any agreement resulting from negotiations or bargaining to be reduced to a written
325-16	contract; provided, that no contract shall exceed the term of three (3) years unless a receiver has
325-17	been appointed for a municipality pursuant to chapter 45-9, in which case the contract shall not
325-18	exceed the term of five (5) years. An unfair labor practice charge may be complained of by either
325-19	the bargaining agent or the school committee to the state labor relations board which shall deal
325-20	with the complaint in the manner provided in chapter 7 of this title.
325-21	SECTION 5. Section 28-9.4-5 of the General Laws in Chapter 28-9.4 entitled
325-22	“Municipal Employees’ Arbitration” is hereby amended to read as follows:
325-23	28-9.4-5. Obligation to bargain. -- It shall be the obligation of the municipal employer
325-24	to meet and confer in good faith with the representative or representatives of the negotiating or
325-25	bargaining agent within ten (10) days after receipt of written notice from the agent of the request
325-26	for a meeting for negotiating or collective bargaining purposes. This obligation includes the duty
325-27	to cause any agreement resulting from negotiation or bargaining to be reduced to a written
325-28	contract; provided, that no contract shall exceed the term of three (3) years unless a receiver has
325-29	been appointed for a municipality pursuant to chapter 45-9, in which case the contract shall not
325-30	exceed the term of five (5) years. Failure to negotiate or bargain in good faith may be
325-31	complained of by either the negotiating or bargaining agent or the municipal employer to the state
325-32	labor relations board, which shall deal with the complaint in the manner provided in chapter 7 of
325-33	this title. An unfair labor practice charge may be complained of by either the bargaining agent or
325-34	employer's representative to the state labor relations board, which shall deal with the complaint in
326-1	the manner provided in chapter 7 of this title.
326-2	SECTION 6. Under R.I. Gen. Laws §45-9-1 et seq. a municipality subject to the
326-3	jurisdiction of a fiscal overseer, budget commission or receiver, is responsible for payment of
326-4	expenses and costs incurred carrying out the responsibilities of the fiscal overseer, budget
326-5	commission and/or receiver. During fiscal 2011, the State incurred and paid on behalf of the City
326-6	of Central Falls expenses totaling $ 1,174,205.32. On or about September 15, 2011, the State
326-7	billed the City of Central Falls for said $1,174,205.32. Expenses for which the City of Central
326-8	Falls is responsible under the above-referenced law continue to be incurred and paid for by the
326-9	State on behalf of the city. The State intends to bill the City of Central Falls for those expenses.
326-10	Recognizing that the City of Central Falls does not currently have the financial ability to
326-11	reimburse the State in full for said expenses and may need additional time to reimburse the State
326-12	for expenses reflected in future bills rendered by the State for such expenses, the City of Central
326-13	Falls shall have up to June 30, 2021 to reimburse the State for all such expenses paid by the State
326-14	and billed to the city.
326-15	SECTION 7. This article shall be effective upon passage.
326-16	ARTICLE 29
326-17	RELATING TO MUNICPAL POLICE TRAINING ACADEMY
326-18	SECTION 1. Chapter 42-28.2 of the General Laws entitled “Police Officers –
326-19	Commission on Standards and Training” is hereby amended by adding thereto the following
326-20	sections:
326-21	42-28.2-2.1. Municipal Police Training Academy fee.-- The director of public safety is
326-22	hereby authorized to establish a fee structure in amounts necessary to fully finance the costs of
326-23	training candidates at the municipal police training academy. The fee structure will be established
326-24	by rules and regulations promulgated by the department of public safety.
326-25	42-28.2-4.2. Municipal Police Training Academy restricted receipt account. -- There
326-26	is hereby created within the department of public safety a restricted receipt account referred to as
326-27	the municipal police training academy account. All receipts collected from tuition paid by
326-28	candidates and trainees, or paid by municipalities on behalf of candidates and trainees, shall be
326-29	deposited in this account and shall be used to fund costs associated with operating the municipal
326-30	police training academy. All amounts deposited into the municipal police training academy
326-31	restricted receipt account shall be exempt from the indirect cost recovery provisions of section
326-32	35-4-27.
326-33	SECTION 2. This article shall take effect as of January 1, 2013.
327-34	ARTICLE 30
327-35	RELATING TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
327-36	SECTION 1. Sections 46-12-4 and 46-12-4.1 of the General Laws in Chapter 46-12
327-37	entitled “Water Pollution” are hereby repealed.
327-38	~~§ 46-12-4. Pollution monitoring system.~~ – ~~The director shall establish a pollution~~
327-39	~~monitoring system, and a fee system for point source dischargers who discharge sewage into the~~
327-40	~~surface waters of the state. Money derived from the fee system shall be deposited as general~~
327-41	~~revenues. The director shall monitor the levels of conventional and hazardous pollutants~~
327-42	~~especially toxic pollutants discharged into the surface waters and shall assess the impact thereof.~~
327-43	~~Nothing herein shall be deemed to apply to dredging, disposal of dredge materials and/or the~~
327-44	~~transportation thereof regulated under § 46-23-18 and/or 46-23-18.1.~~
327-45	~~§ 46-12-4.1. Fees – Limits – Recovery of costs.~~ – ~~The fee established by the director~~
327-46	~~pursuant to § 46-12-4 shall be based on the individual discharger's need for monitoring and the~~
327-47	~~effluent's potential for environmental degradation as determined by the director; provided,~~
327-48	~~however, that any fees charged dischargers shall be in addition to and not substituted for funds~~
327-49	~~appropriated by or monitoring required by the state or federal government for similar purposes;~~
327-50	~~and further provided:~~
327-51	~~(1) The director shall annually adopt by regulation, in accordance with the provisions of~~
327-52	~~chapter 35 of title 42, the maximum cost of the monitoring program for the next fiscal year. The~~
327-53	~~fee charged any discharger shall not exceed the actual cost of the pollution monitoring program of~~
327-54	~~that discharger.~~
327-55	~~(2) The operating authority for any publicly owned treatment facility is hereby~~
327-56	~~empowered to recover any costs incurred under the provisions of this chapter, including~~
327-57	~~administrative costs, by levying an assessment on their customers. Money derived from the fees~~
327-58	~~shall be deposited as general revenues and shall be usable to match any federal funds~~
327-59	~~appropriated for these purposes.~~
327-60	SECTION 2. Sections 46-13.2-1, 46-13.2-3, 46-13.2-4, 46-13.2-5, and 46-13.2-7 of the
327-61	General Laws in Chapter 46-13.2 entitled “Drilling of Drinking Water Wells” are hereby
327-62	amended to read as follows:
327-63	46-13.2-1. Definitions. -- For the purpose of this chapter:
327-64	~~(1) "Abandoned well" means a well whose use has been permanently discontinued;~~ (1)
327-65	“Building official” means the local building official authorized in accordance with section 23-
327-66	27.3-107 or the state building code commissioner authorized in accordance with section 23-27.3-
327-67	108.2, as applicable;
328-68	~~(2) "Board" means the Rhode Island well drilling board; (3) "Director" means the director~~
328-69	~~of the department of environmental management;~~
328-70	~~(4) "Groundwater" means subsurface water;~~
328-71	~~(5)~~(2)"Person" means an individual, partnership, corporation, association, or
328-72	organization, or any combination thereof;
328-73	~~(6)~~(3)"Well" means an artificial sanitary excavation or opening in the ground, by which
328-74	groundwater can be obtained or through which it flows under natural pressure or is artificially
328-75	withdrawn; and for the purposes of this chapter attached as an appurtenance to a building or
328-76	structure.
328-77	~~(7)~~(4)"Well driller contractor" means a person who engages in well drilling;
328-78	~~(8)~~(5)"Well drilling" means and includes the industry, procedure and all operations
328-79	engaged in by any person, full-time or part-time, for compensation or otherwise, to obtain water
328-80	from a well or wells by drilling, or other methods, for any purpose or use.
328-81	46-13.2-3. Regulations. -- (a) ~~For the purpose of safeguarding the public health, the~~
328-82	~~director, and the board shall promote and encourage cooperation among well drillers and~~
328-83	~~governmental agencies in the development and protection of records of underground water~~
328-84	~~formations and resources. The director shall prepare and disseminate such information as may be~~
328-85	~~necessary for the benefit of the industry and the public.~~
328-86	~~(b)~~ The ~~director~~ Rhode Island building standards committee, pursuant to section 23-27.3-
328-87	100.1.5 shall promulgate and maintain regulations incorporated as part of the state plumbing code
328-88	that establish~~ing~~ minimum standards for the location, design, construction and installation~~, and~~
328-89	~~maintenance~~ of wells that are appurtenances to buildings in consultation with ~~the board,~~ the
328-90	department of health, ~~and~~ the division of statewide planning and the department of environmental
328-91	management, with due regard for the preservation of public health, the preservation, allocation,
328-92	and management of the groundwater of the state, the protection of the consuming public, and the
328-93	maintenance of geological and other scientific data.
328-94	(b) In those circumstances in which compliance with the requirements for locating a well
328-95	would result in undue hardship, the building official may authorize a variance, from any one or
328-96	more of the siting requirements, with the exceptions of the minimum distances set forth by the
328-97	department of environmental management to a wastewater disposal system, stormwater disposal
328-98	system, or underground storage tank, to the extent necessary to ameliorate the undue hardship and
328-99	to the extent the exemption can be granted without impairing the intent and purpose of this
328-100	chapter. Any variance from the minimum distance to a wastewater disposal system or well shall
328-101	require the approval of the department of environmental management.
329-102	~~(c) Any regulations or amendments thereto promulgated by the director under this chapter~~
329-103	~~shall be submitted to the board for approval.~~
329-104	46-13.2-4. Registration for well drilling contractors and pump installers –
329-105	Suspension or revocation. -- (a) ~~Subject to the approval of the board, the director shall establish~~
329-106	~~registration requirements setting forth minimum standards for well drilling contractors and pump~~
329-107	~~installers. The well drilling contractors shall be required to have ability and proficiency in the~~
329-108	~~skill of well drilling demonstrated by experience or training and sufficient financial resources to~~
329-109	~~have and maintain adequate tools and machines for the work. After the publication of these~~
329-110	~~regulations by the director, a person, before engaging in the business of well drilling or pump~~
329-111	~~installing, shall obtain a certificate of registration annually as a well drilling contractor or pump~~
329-112	~~installer. The applicant shall pay a registration fee of two hundred dollars ($200) and an annual~~
329-113	~~renewal registration fee of one hundred dollars ($100). A certificate of registration is not~~
329-114	~~transferable and expires one year after issuance. After the renewal date, a certificate of~~
329-115	~~registration may be renewed only upon application for renewal and payment of a late fee of ten~~
329-116	~~dollars ($10.00) in addition to the regular registration fee. A lost, destroyed, or mutilated~~
329-117	~~certificate may be replaced by a duplicate upon payment of a fee of two dollars ($2.00). One seal~~
329-118	~~shall be issued to each registrant as provided in subsection (b) of this section, and additional seals~~
329-119	~~may be obtained at a fee of two dollars ($2.00) each.~~ Effective January 1, 2013, no person shall
329-120	install a drinking water well or a pump within any drinking water well unless registered with the
329-121	Rhode Island Contractors Registration Board.
329-122	~~(b) A well drilling contractor or pump installer shall place in a conspicuous location on~~
329-123	~~both sides of his or her well drilling machine or service rig, his or her registration number in~~
329-124	~~letters not less than two inches (2") high. A seal furnished by the director of the department of~~
329-125	~~environmental management designating the year the certificate of registration was issued or~~
329-126	~~renewed, and the words "Rhode Island registered water well drilling contractor or pump~~
329-127	~~installation contractor" , shall be affixed directly adjacent to the registration number.~~
329-128	~~(c)~~(b) A municipality engaged in well drilling shall be exempt from the registration
329-129	provisions of this chapter if the drilling is done by regular employees of, and with equipment
329-130	owned by, the municipality, and the work is on wells intended for use by the municipality.
329-131	~~(d)~~(c) This chapter shall not restrict a plumber or electrician from engaging in the trade
329-132	for which he or she has been licensed.
329-133	~~(e) (1) A certificate of registration may be refused, or a certificate of registration duly~~
329-134	~~issued may be suspended or revoked, or the renewal thereof refused by the director on the~~
329-135	~~director's own investigation and motion or upon motion of an interested party or motion of the~~
329-136	~~board if the director has good and sufficient reason to believe or finds that the applicant for or the~~
330-1	~~holder of a certificate has:~~
330-2	~~(1) Made a material misstatement in the application for a registration or any application~~
330-3	~~for renewal thereof; or~~
330-4	~~(ii) Obtained the registration through willful fraud or misrepresentation; or~~
330-5	~~(iii) Demonstrated incompetency to act as a well driller as determined by the director; or~~
330-6	~~(iv) Been guilty of failure to comply with the provisions of this chapter or the rules and~~
330-7	~~regulations issued pursuant hereto; or~~
330-8	~~(v) Refused to file reports of wells drilled as required by § 46-13.2-5; or~~
330-9	~~(vi) Has been found guilty by a court of competent jurisdiction, of any fraud, deceit, gross~~
330-10	~~negligence, incompetence, or misconduct in the industry, operations, or business of well drilling.~~
330-11	~~(2) Before any certificate of registration shall be refused, suspended, or revoked, or the~~
330-12	~~renewal thereof refused, the director shall give notice of the intention to do so by registered mail.~~
330-13	~~Upon receipt of the notice, the person affected may, within ten (10) days, request a hearing. No~~
330-14	~~revocation or suspension of a registration shall take place until the hearing is completed unless~~
330-15	~~the director shall find immediate revocation or suspension is necessary to avoid imminent peril to~~
330-16	~~life or property.~~
330-17	~~(3) Appeal from the decisions of the director may be taken within thirty (30) days after~~
330-18	~~the decision of the commissioner, to the superior court in accordance with the provisions of § 42-~~
330-19	~~35-15.~~
330-20	~~(f) The director shall prepare a roster of all registered well drillers and pump installers~~
330-21	~~and distribute the roster annually to the local building inspector, if there is one, and the town clerk~~
330-22	~~of each town.~~
330-23	~~(g) Any well driller or pump installer registered as of July 1, 1987, shall be deemed to be~~
330-24	~~registered under this chapter, but shall comply with the other provisions of this chapter.~~
330-25	~~(h)~~(d) After one year from the date of refusal or revocation of a certificate of registration,
330-26	an application to register may be made again by the person affected.
330-27	46-13.2-5. Record of wells. -- (a) Within thirty (30) days after completion of a new or
330-28	replacement well, a well drilling contractor shall provide the owner, ~~the board~~, the building
330-29	official and the department of health, t~~he department of environmental management~~ a record
330-30	indicating:
330-31	(1) The well owner's name and address,
330-32	(2) The location of the well,
330-33	(3) The well depth,
331-34	(4) The geologic materials and thickness of materials penetrated,
331-35	(5) The amount of casing,
331-36	(6) The static water levels, and
331-37	(7) Any other information which may be required by regulations adopted under this
331-38	chapter.
331-39	(b) A record for a drive point well where no earth materials are removed from the well
331-40	bore shall be sufficient if the owner's name, well location, depth, casing, static water level, and
331-41	screen data are indicated.
331-42	46-13.2-7. Well constructed for farming or private use. -- A landowner may drill his
331-43	or her own well to provide water for the consumption by himself or herself, his or her family,
331-44	pets, livestock, or for farming of his or her land where the water obtained shall not be intended for
331-45	use by the general public or in any residence other than the landowner's, and the landowner shall
331-46	not be required to be registered under § 46-13.2-4, but must submit the drilling record required by
331-47	§ 46-13.2-5 and comply with all applicable regulations and codes of construction adopted under
331-48	this chapter and section 23-27.3.
331-49	SECTION 3. Sections 46-13.2-2, 46-13.2-6, 46-13.2-8, and 46-13.2-10 of the General
331-50	Laws in Chapter 46-13.2 entitled “Drilling of Drinking Water Wells” are hereby repealed.
331-51	~~§ 46-13.2-2 . Rhode Island well drilling board.~~ – ~~(a) There shall be a board to be known~~
331-52	~~as the Rhode Island well drilling board which shall advise the director according to this chapter.~~
331-53	~~The board shall consist of seven (7) residents of the state appointed by the governor; one member~~
331-54	~~shall be a member of the general public; three (3) members shall be active well drillers or pump~~
331-55	~~installers who shall have had at least five (5) years experience as such; one member shall be an~~
331-56	~~employee of the department of health; one member shall be an employee of the department of~~
331-57	~~environmental management, environmental protection branch; and one member shall be a~~
331-58	~~hydrologist experienced in well construction; four (4) members shall constitute a quorum.~~
331-59	~~(b) The board shall meet within thirty (30) days after its members are first appointed, and,~~
331-60	~~thereafter, at least three (3) times a year. The board shall elect a chairperson and a secretary~~
331-61	~~annually from its membership. The secretary shall keep a complete record of all meetings and~~
331-62	~~proceedings of the board and shall perform the usual duties pertaining to the office.~~
331-63	~~(c) No member of the board shall be compensated for their service including state~~
331-64	~~employees who shall only be entitled to their usual and customary salary and not any additional~~
331-65	~~compensation.~~
331-66	~~§ 46-13.2-6. Wells constructed for oil, gas, brine, or mining.~~ – ~~Drilling, excavating,~~
331-67	~~and pumping associated with the oil, gas, or brine well industries, and the construction, quarrying,~~
331-68	~~and mining industries, and the disposal of any materials shall be subject to this chapter only~~
332-1	~~insofar as they relate to the pollution and depletion of underground water resources.~~
332-2	~~§ 46-13.2-8. Exemptions.~~ – ~~Where the director finds that compliance with all~~
332-3	~~requirements of this chapter or regulations adopted pursuant thereto would result in undue~~
332-4	~~hardship, an exemption from any one or more of the requirements may be granted by the director~~
332-5	~~to the extent necessary to ameliorate the undue hardship and to the extent the exemption can be~~
332-6	~~granted without impairing the intent and purpose of this chapter.~~
332-7	~~§ 46-13.2-10. Violations.~~ – ~~Any person who engages in well drilling or offers to engage~~
332-8	~~in well drilling, or advertises or holds himself or herself out or acts temporarily or otherwise as a~~
332-9	~~well driller, without first having obtained the required certificate of registration, and any person~~
332-10	~~who violates any provisions of this chapter, including, but not limited to, the accurate reporting of~~
332-11	~~wells drilled, shall be guilty of a misdemeanor and shall be punished by a fine of not more than~~
332-12	~~five hundred dollars ($500) or by imprisonment for not more than one year, and each day that~~
332-13	~~violation shall continue shall be deemed a separate offense.~~
332-14	SECTION 4. Section 5-65-5 of the General Laws in Chapter 5-65 entitled “Contractors’
332-15	Registration and Licensing Board” is hereby amended to read as follows:
332-16	5-65-5. Registered application. -- (a) A person who wishes to register as a contractor
332-17	shall submit an application, under oath, upon a form prescribed by the board. The application
332-18	shall include:
332-19	(1) Workers' compensation insurance account number, or company name if a number has
332-20	not yet been obtained, if applicable;
332-21	(2) Unemployment insurance account number if applicable;
332-22	(3) State withholding tax account number if applicable;
332-23	(4) Federal employer identification number, if applicable, or if self-employed and
332-24	participating in a retirement plan;
332-25	(5) The individual(s) name and business address and residential address of:
332-26	(i) Each partner or venturer, if the applicant is a partnership or joint venture;
332-27	(ii) The owner, if the applicant is an individual proprietorship;
332-28	(iii) The corporation officers and a copy of corporate papers filed with the Rhode Island
332-29	secretary of state's office, if the applicant is a corporation;
332-30	(iv) Post office boxes are not acceptable as the only address.
332-31	(6) A signed affidavit subject to the penalties of perjury of whether or not the applicant
332-32	has previously applied for registration, or is or was an officer, partner, or venturer of an applicant
332-33	who previously applied for registration and if so, the name of the corporation, partnership, or
332-34	venture.
333-1	(7) Valid insurance certificate for the type of work being performed.
333-2	(b) A person may be prohibited from registering or renewing registration as a contractor
333-3	under the provisions of this chapter or his or her registration may be revoked or suspended if he
333-4	or she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts and/or
333-5	administrative agency against him or her relating to their work as a contractor, and provided,
333-6	further, that an affidavit subject to the penalties of perjury shall be provided to the board attesting
333-7	to the information herein.
333-8	(c) Failure to provide or falsified information on an application, or any document
333-9	required by this chapter is punishable by a fine not to exceed ten thousand dollars ($10,000).
333-10	(d) Applicant must be at least eighteen (18) years of age.
333-11	(e) Satisfactory proof shall be provided to the board evidencing the completion of five (5)
333-12	hours of continuing education units which will be required to be maintained by residential
333-13	contractors as a condition of registration as determined by the board pursuant to established
333-14	regulations.
333-15	(f) An affidavit issued by the board shall be completed upon registration or renewal to
333-16	assure contractors are aware of certain provisions of this law and shall be signed by the registrant
333-17	before a registration can be issued or renewed.
333-18	(8) (a) For contractors performing well drilling or pump installations as an appurtenance
333-19	to a structure, demonstration of technical competency by providing satisfactory proof that one or
333-20	more individuals employed by the contractor has obtained a passing score on the applicable
333-21	exam(s) of the National Groundwater Association (NGWA), or its successors. All well drilling or
333-22	pump installation work performed by the contractor must be supervised by an individual properly
333-23	qualified and registered for the work undertaken.
333-24	(b) All well drilling or pump installation contractors that were registered with and
333-25	determined to be qualified for one or more well drilling disciplines by the Rhode Island
333-26	department environmental management as of June 30, 2012, shall be deemed as having fulfilled
333-27	the technical competency requirement specified in (a).
333-28	SECTION 5. Section 23-27.3-100.1.5 of the General Laws in Chapter 23-27.3 entitled
333-29	“State Building Code” is hereby amended to read as follows:
333-30	23-27.3-100.1.5. Building code – Adoption and promulgation by committee. -- The
333-31	state building standards committee has the authority to adopt, promulgate, and administer a state
333-32	building code, which shall include: (a) provisions and amendments as necessary to resolve
333-33	conflicts between fire safety codes and building codes, as provided for in § 23-28.01-6; and (b) a
333-34	rehabilitation building and fire code for existing buildings and structures. The building code may
334-1	be promulgated in several sections, with a section applicable to one and two (2) family dwellings,
334-2	to multiple dwellings and hotels and motels, to general building construction, to plumbing
334-3	including wells which are appurtenances to a building, and to electrical. The building code and
334-4	the sections thereof shall be reasonably consistent with recognized and accepted standards
334-5	adopted by national model code organizations and recognized authorities. To the extent that any
334-6	state or local building codes, statutes, or ordinances are inconsistent with the Americans with
334-7	Disabilities Act, Title III, Public Accommodations and Services Operated by Private Entities, 42
334-8	U.S.C. § 12181 et seq., and its regulations and standards, they are hereby repealed. The state
334-9	building code standards committee is hereby directed to adopt rules and regulations consistent
334-10	with the Americans with Disabilities Act, Title II and III (28 CFR 35 and 28 CFR 36, as
334-11	amended), as soon as possible, but no later than February 15, 2012, to take effect on or before
334-12	March 15, 2012. The state building code standards committee is hereby authorized and directed to
334-13	update those rules and regulations consistent with the future revisions of the Americans with
334-14	Disabilities Act Accessibility Standards.
334-15	SECTION 6. This article shall take effect as of July 1, 2012.
334-16	ARTICLE 31
334-17	RELATING TO MEDICAID REFORM ACT OF 2008
334-18	SECTION 1. Rhode Island Medicaid Reform Act of 2008.
334-19	WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode
334-20	Island Medicaid Reform Act of 2008”; and
334-21	WHEREAS, a Joint Resolution is required pursuant to Rhode Island General Laws § 42-
334-22	12.4-1, et seq.; and
334-23	WHEREAS, Rhode Island General Law § 42-12.4-7 provides that any change that
334-24	requires the implementation of a rule or regulation or modification of a rule or regulation in
334-25	existence prior to the implementation of the global consumer choice section 1115 demonstration
334-26	(“the demonstration”) shall require prior approval of the general assembly; and further provides
334-27	that any category II change or category III change as defined in the demonstration shall also
334-28	require prior approval by the general assembly; and
334-29	WHEREAS, Rhode Island General Law § 42-7.2-5 provides that the Secretary of the
334-30	Office of Health and Human Services is responsible for the “review and coordination of any
334-31	Global Consumer Choice Compact Waiver requests and renewals as well as any initiatives and
334-32	proposals requiring amendments to the Medicaid state plan or category I or II changes” as
334-33	described in the demonstration, with “the potential to affect the scope, amount, or duration of
334-34	publicly-funded health care services, provider payments or reimbursements, or access to or the
335-1	availability of benefits and services provided by Rhode Island general and public laws”; and
335-2	WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
335-3	fiscally sound and sustainable, the Secretary requests general assembly approval of the following
335-4	proposals to amend the demonstration:
335-5	(a) Elimination of Adult Dental Services. The Medicaid agency proposes to eliminate the
335-6	optional dental benefit coverage for Medicaid beneficiaries aged twenty-one (21) and older.
335-7	Emergency and palliative services dental services would be retained when deemed medically
335-8	necessary. As implementation of this proposal will alter the benefit package available to Medicaid
335-9	beneficiaries, a Category II change is required under the terms and conditions established for the
335-10	Global Consumer Choice Compact Waiver. Amendments to the rules, regulations and procedures
335-11	governing the provision of dental benefit coverage will also be required.
335-12	(b) Nursing Home Rate Reduction. The Medicaid agency proposes, at its discretion, to
335-13	reduce nursing home per-diem reimbursement rates that would otherwise be in effect for FY 2012
335-14	and FY 2013, however, the decrease would be no greater than 1.8 percent. A Category II change
335-15	is required to implement this proposal under the terms and conditions established for the Global
335-16	Consumer Choice Compact Waiver. Further, this change may also require the adoption of new or
335-17	amended rules, regulations and procedures.
335-18	(c) Medicaid Managed Care Plan Refinements – New Components. The Medicaid single
335-19	state agency proposes to reduce hospital readmissions, promote better health and nutrition and
335-20	encourage non-invasive approaches to address obesity by incorporating a nutritional education
335-21	and exercise component into the benefit package offered to certain Medicaid beneficiaries.
335-22	Establishing a targeted benefit requires amendments to or new rules, regulations and procedures
335-23	pertaining to coverage for the Medicaid populations affected as well as a Category II change to
335-24	the Global Consumer Choice Compact Waiver in those areas where additional authority is
335-25	warranted under the terms and conditions of the demonstration agreement; now, therefore, be it
335-26	RESOLVED, that the general assembly hereby approves proposals (a) through (c) listed
335-27	above to amend the demonstration; and be it further
335-28	RESOLVED, that the secretary of the office of health and human services is authorized
335-29	to pursue and implement any waiver amendments, category II or category III changes, state plan
335-30	amendments and/or changes to the applicable department’s rules, regulations and procedures
335-31	approved herein and as authorized by § 42-12.4-7; and be it further
335-32	RESOLVED, that this joint resolution shall take effect upon passage.
335-33	SECTION 2. This article shall take effect upon passage.
336-34	ARTICLE 32
336-35	RELATING TO MEDICAL ASSISTANCE RECOVERIES
336-36	SECTION 1. Title 27 of the General Laws entitled “INSURANCE” is hereby amended
336-37	by adding thereto the following chapter:
336-38	CHAPTER 57.1
336-39	MEDICAL ASSISTANCE INTERCEPT ACT
336-40	27-57.1-1. Interception of insurance payments.-- (a) Every domestic insurer or
336-41	insurance company authorized to issue policies of liability insurance pursuant to this title, and
336-42	also any workers' compensation insurer, within thirty (30) days prior to the making of any
336-43	payment equal to or in excess of three thousand dollars ($3,000) to any claimant who is a resident
336-44	of the state of Rhode Island or to any claimant who has an accident or loss that occurred in the
336-45	state of Rhode Island, for third party for personal injury or workers' compensation benefits under
336-46	a contract of insurance, shall review information provided by the executive office of health and
336-47	human services pursuant to section, indicating whether the claimant has received medical
336-48	assistance in accordance with chapter 40-8.
336-49	(b) If the insurer determines from the information provided by the department pursuant to
336-50	section 27-57.1-4 that the claimant or payee has not received medical assistance, the insurer may
336-51	make the payment to the claimant in accordance with the contract of the insurance.
336-52	(c) If the insurer determines from the information provided by the department pursuant to
336-53	section 27-57.1-4 that the claimant or payee has received medical assistance, the insurer shall,
336-54	except to the extent payments are subject to liens, written notices, or interests described in section
336-55	27-57.1-3, withhold from payment the amount to the extent of the distribution for medical
336-56	assistance and pay that amount to the executive office of health and human services and the
336-57	insurer shall pay the balance to the claimant or other person entitled to it; provided, that the
336-58	insurer or insurance company shall provide written notice by regular mail to the claimant and his
336-59	or her attorney, if any. The notice shall reflect the date, name, social security number, case
336-60	number, and amount of the payment. Any insurer or insurance company, its directors, agents, and
336-61	employees and central reporting organizations and their respective employees authorized by an
336-62	insurer to act on its behalf who release information in accordance with the provisions of this
336-63	chapter, or who withhold amounts from payment based upon the latest information supplied by
336-64	the executive office of health and human services pursuant to section 27-57.1-4 and makes
336-65	disbursements in accordance with section 27-57.1-3, shall be in compliance and shall be immune
336-66	from any liability to the claimant, payee lien holder, payee who provided written notice, or
336-67	security interest holder for taking that action.
337-68	(d) Any claimant aggrieved by any action taken under this section may within thirty (30)
337-69	days of the making of the notice to the claimant in subsection (c) of this section, request a hearing
337-70	from the executive office of health and human services.
337-71	27-57-1-2. Notice provided to obligors of interception of insurance settlements.-- In
337-72	any case where the executive office of health and human services has intercepted an insurance
337-73	payment, that office shall notify the obligor.
337-74	27-57.1-3. Certain liens not affected. -- Nothing in this chapter affects the validity or
337-75	priority of liens or written notices of health care providers, attorney fees, holders of security
337-76	interests, or the assignment of rights under section 40-6-9 which may exist. Funds subject to liens,
337-77	written notices, or security interests shall be paid to the lien or interest holder. Funds available to
337-78	be paid pursuant to chapter 27-57 for the payment of child support shall supersede any payment
337-79	made pursuant to this chapter.
337-80	27-57.1-4. Information to be provided by the executive office of health and human
337-81	services.-- (a) The executive office of health and human services shall periodically within each
337-82	year furnish the insurance companies and insurers subject to this section with a list or compilation
337-83	of names of individuals, with last known addresses, who as of the date of the list or compilation
337-84	have received medical assistance in excess of five hundred dollars ($500) as shown on the
337-85	executive office of health and human services computer system. For the purposes of this section,
337-86	the terms used in this section have the meaning and definitions specified in section 40-8-2.
337-87	(b) In order to facilitate the efficient and prompt reporting of those arrearages in one
337-88	centralized location, it is the duty and responsibility of the insurance companies doing business in
337-89	the state to utilize one centralized database to which the executive office of health and human
337-90	services shall report and administer.
337-91	SECTION 2. Section 40-6-9 of the General Laws in Chapter 40-6 entitled ”Public
337-92	Assistance Act“ is hereby amended to read as follows:
337-93	40-6-9. ~~Assignment of child, spousal and medical support rights~~ Assignment and
337-94	subrogation for recovery of child, spousal and medical support. – (a) An applicant for or
337-95	recipient of public assistance under this chapter or under title XIX of the federal Social Security
337-96	Act, 42 U.S.C. § 1396 et seq., for and on behalf of himself or herself and for and on behalf of a
337-97	child or children, shall be deemed, without the necessity of signing any document for purposes of
337-98	recovery, to have made an assignment and given a right of subrogation to the executive office of
337-99	health and human services and/or the department of human services, as applicable, of any and all
337-100	rights and interests in any cause of action, past, present, or future, that the applicant or recipient
337-101	may have against any person failing to or obligated to provide for the support, maintenance, and
337-102	medical care of the applicant, recipient, and/or minor child or children, for the period of time that
338-1	assistance is being paid by the executive office of health and human services and/or the
338-2	department;. The executive office of health and human services and/or the department shall be
338-3	subrogated to any and all rights, title, and interest the applicant or recipient may have against any
338-4	and all property belonging to the obligated or non-supporting person in the enforcement of any
338-5	claim for child, spousal, and medical support, whether liquidated through court order or not. The
338-6	applicant or recipient shall also be deemed, without the necessity of signing any document, to
338-7	have appointed the executive office of health and human services and/or the department of human
338-8	services as his or her true and lawful attorney in fact to act in his or her name, place, and stead to
338-9	perform the specific act of instituting suit to establish paternity or secure support and medical
338-10	care, collecting any and all amounts due and owing for child, spousal, and medical support,
338-11	endorsing any and all drafts, checks, money orders, or other negotiable instruments representing
338-12	support payments which are received by the executive office of health and human services and/or
338-13	the department, and retaining any portion thereof permitted under federal and state statutes as
338-14	reimbursement for financial and medical assistance previously paid to or for the recipient, child,
338-15	or children.
338-16	(b) An applicant for or a recipient of medical assistance provided by the executive office
338-17	of health and human services and/or the department pursuant to this chapter~~, chapter 5.1,~~ or
338-18	chapter 8 of this title or title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., for
338-19	and on behalf of himself or herself, and for and on behalf of any other person for whom he or she
338-20	may legally assign rights to any medical support or any other medical care, shall be deemed,
338-21	without the necessity of signing any document for purposes of reimbursement, to have made an
338-22	assignment and given a right of subrogation to the executive office of health and human services
338-23	and/or the department of human services of any and all rights and interests that he, she, or such
338-24	other person may have: (1) to payment for any medical support; and (2) to payment for any
338-25	medical care from any third party.
338-26	(c) In addition to the assignments and subrogation rights provided in subsections (a) and
338-27	(b) of this section, an applicant for or a recipient of financial assistance provided by the executive
338-28	office of health and human services and/or department pursuant to this chapter, whenever the
338-29	assistance is necessary by reason of accident, injury, or illness for which a third party may be
338-30	liable, for and on behalf of himself or herself, and for and on behalf of any other person for whom
338-31	he or she may legally act, shall be deemed, without the necessity of signing any document, to
338-32	have assigned and subrogated to the executive office of health and human services and/or the
338-33	department of human services, from amounts recovered or recoverable from any third party, an
338-34	amount of money equal to the amount of financial assistance provided as a result of the accident,
339-1	illness, or injury.
339-2	(d) With respect to an assignment and subrogation rights established pursuant to this
339-3	section, an applicant or recipient shall provide to the executive office of health and human
339-4	services and/or the department of human services ~~and/or the division of taxation within the~~
339-5	~~department of administration~~ all relevant information regarding the ~~rights~~ assigned and
339-6	subrogated rights, and shall execute any documents relating thereto, in accordance with rules and
339-7	regulations to be adopted by the executive office of health and human services and/or the
339-8	department.
339-9	(e) With respect to any assignment ~~of rights~~ and subrogation right for medical or financial
339-10	support or recoveries under this section, the executive office of health and human services and/or
339-11	the department of human services shall be considered to have acquired the rights of such
339-12	individual to payment by any third party for such medical care and support, and financial support.
339-13	(f) An applicant for or a recipient of medical assistance provided by the executive office
339-14	of health and human services in accordance with chapter 40-8 shall also be subject to the
339-15	provisions of chapter 27-57.1. Funds available to be paid for the payment of child support shall
339-16	supersede any payment made pursuant to this chapter and chapter 27-57.1.
339-17	SECTION 3. Section 40-8-15 of the General Laws in Chapter 40-8 entitled “Medical
339-18	Assistance” is hereby amended to read as follows:
339-19	40-8-15. Lien on deceased recipient's estate for assistance. -- (a) (1) Upon the death
339-20	of a recipient of medical assistance under Title XIX of the federal Social Security Act, 42 U.S.C.
339-21	§ 1396 et seq., the total sum of medical assistance so paid on behalf of a recipient who was fifty-
339-22	five (55) years of age or older at the time of receipt of the assistance shall be and constitute a lien
339-23	upon the estate, as defined herein, of the recipient in favor of the ~~department of human services~~
339-24	executive office of health and human services. The lien shall not be effective and shall not attach
339-25	as against the estate of a recipient who is survived by a spouse, or a child who is under the age of
339-26	twenty-one (21), or a child who is blind or permanently and totally disabled as defined in Title
339-27	XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq~~. The lien shall not be effective~~
339-28	~~and shall not attach as against a recipient's estate, which has been admitted for probate~~
339-29	~~administration unless the department has filed a claim for reimbursement in the probate court in~~
339-30	~~accordance with § 33-11-5 or other applicable law.~~ The lien shall attach against a recipient’s
339-31	estate which has not been admitted to probate and the executive office of health and human
339-32	services shall not be required to file letters of administration or commence an action in probate
339-33	court. However, said lien shall be filed in the land evidence records in accordance with section
339-34	40-8-15 (f).
340-1	(2) For purposes of this section, the term "estate" with respect to a deceased individual
340-2	shall include all real and personal property and other assets included or includable within the
340-3	individual's probate estate
340-4	(b) The ~~department~~ executive office of health and human services is authorized to
340-5	promulgate regulations to implement the terms, intent, and purpose of this section and to require
340-6	the legal representative(s) and/or the heirs-at-law of the decedent to provide reasonable written
340-7	notice to the ~~department~~ executive office of health and human services of the death of a recipient
340-8	of medical assistance who was fifty-five (55) years of age or older at the date of death, and to
340-9	provide a statement identifying the decedent's property and the names and addresses of all
340-10	persons entitled to take any share or interest of the estate as legatees or distributees thereof.
340-11	(c) The amount of medical assistance reimbursement imposed under this section shall
340-12	also become a debt to the state from the person or entity liable for the payment thereof.
340-13	(d) Upon payment of the amount of reimbursement for medical assistance imposed by
340-14	this section, the ~~director~~ secretary of the ~~department of human services~~ executive office of health
340-15	and human services, or his or her designee, shall issue a written discharge of lien.
340-16	(e) Upon application to the ~~director~~ secretary and a determination by the ~~director~~
340-17	secretary that the lien is either inapplicable or that no reimbursement for medical assistance is due
340-18	with respect to the estate, the ~~director~~ secretary shall issue a written discharge of lien.
340-19	(f) Provided, however, that no lien created under this section shall attach nor become
340-20	effective upon any real property unless and until a statement of claim is recorded naming the
340-21	debtor/owner of record of the property as of the date and time of recording of the statement of
340-22	claim, and describing the real property by a description containing all of the following: (1) tax
340-23	assessor's plat and lot; and (2) street address. The statement of claim shall be recorded in the
340-24	records of land evidence in the town or city where the real property is situated. Notice of said
340-25	lien shall be sent to the duly appointed executor or administrator, the decedent’s legal
340-26	representative, if known, or to the decedent’s next of kin or heirs at law as stated in the decedent’s
340-27	last application for medical assistance.
340-28	(g) The ~~department of human services~~ executive office of health and human services shall
340-29	establish procedures, in accordance with the standards specified by the secretary, U.S.
340-30	Department of Health and Human Services, under which the ~~department of human services~~
340-31	executive office of health and human services shall waive, in whole or in part, the lien and
340-32	reimbursement established by this section if such lien and reimbursement would work an undue
340-33	hardship, as determined by the ~~department~~ executive office of health and human services, on the
340-34	basis of the criteria established by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).
341-1	(h) A petition for admission to probate of a decedent’s will or for administration of a
341-2	decedent’s estate shall include a sworn affidavit, as provided for in section 33-11-5.2, that copies
341-3	of said petition and death certificate have been sent to the executive office of health and human
341-4	services by certified mail. Within thirty (30) days of a request by the executive office of health
341-5	and human services, an executor or administrator shall complete and send to the executive office
341-6	of health and human services by certified mail a form prescribed by the executive office of health
341-7	and human services and shall provide such additional information as the executive office of
341-8	health and human services may require. In the event a petitioner fails to send copies of the
341-9	petition and death certificate to the executive office of health and human services and the
341-10	decedent has received medical assistance for which the executive office of health and human
341-11	services is authorized to recover, any person receiving a distribution of assets from the decedent’s
341-12	estate shall be liable to the executive office of health and human services to the extent of such
341-13	distribution.
341-14	(i) Compliance with the provisions of this section shall be consistent with the
341-15	requirements and affidavit set forth in section 33-11-5.2. Nothing in these sections shall limit the
341-16	executive office of health and human services from recovery, to the extent of the distribution,
341-17	under all state and federal laws.
341-18	SECTION 4. Chapter 40-8 of the General laws entitled “Medical Assistance” is hereby
341-19	amended by adding thereto the following section:
341-20	40-8-9.1. Notice. -- Whenever an individual who is receiving medical assistance under
341-21	this chapter transfers an interest in real or personal property, such individual shall notify the
341-22	executive office of health and human services within ten (10) days of the transfer. Such notice
341-23	shall be made to the individual’s local office and include, at a minimum, the individual’s name,
341-24	social security number or, if different, the executive office of health and human services
341-25	identification number, the date of transfer and the dollar value, if any, paid or received by the
341-26	individual receiving benefits under this chapter.
341-27	SECTION 5. Chapter 33-11 of the General Laws entitled “Claims Against Decedents’
341-28	Estates” is hereby amended by adding thereto the following section:
341-29	33-11-5.2. Duty to notify executive office of health and human services - medical
341-30	assistance. -- (a) A petition for admission to probate of a decedent’s will or for administration of
341-31	a decedent’s estate shall include a sworn affidavit stating that copies of said petition and death
341-32	certificate have been sent to the executive office of health and human services by certified mail.
341-33	Within thirty (30) days of a request by the executive office of health and human services, an
341-34	executor or administrator shall complete and send to the executive office of health and human
342-1	services by certified mail a form prescribed by the executive office of health and human services
342-2	and shall provide such additional information as the executive office of health and human
342-3	services may require. In the event a petitioner fails to send copies of the petition and death
342-4	certificate to the executive office of health and human services and the decedent had received
342-5	medical assistance for which the executive office of health and human services is authorized to
342-6	recover, any person receiving a distribution of assets from the decedent’s estate shall be liable to
342-7	the executive office of health and human services to the extent of such distribution.
342-8	(b) It shall be presumed that an executor or administrator has complied with this section
342-9	by sending a written notice in substantially the following form:
342-10	STATE OF RHODE ISLAND PROBATE COURT OF CITY/TOWN OF(NAME OF
342-11	CITY OR TOWN)
342-12	COUNTY OF (NAME OF COUNTY)
342-13	THE ESTATE OF (NAME OR ESTATE) (ESTATE NO.)
342-14	NOTICE OF COMMENCEMENT OF PROBATE
342-15	To: State of Rhode Island, Executive Office of Health and Human Services
342-16	Office of Legal Counsel
342-17	Louis Pastore Bldg. 57
342-18	600 New London Avenue
342-19	Cranston, RI 02920
342-20	Notice is hereby given by (name of executor or administrator) that a probate estate has
342-21	been commenced for (name of decedent) in the Probate Court of the (name of municipality,
342-22	address of court) docket no.( ), said (name of fiduciary) having been qualified on (date of
342-23	qualification).
342-24	A. I hereby certify that (Name of Decedent), referred to as the “decedent”, received
342-25	medical assistance when said decedent was fifty-five (55) years of age or older or regardless of
342-26	the decedent’s age, while the decedent was an inpatient in a nursing facility or a medical
342-27	institution.
342-28	B. I further certify that I have sent a copy of the petition by certified mail, seeking to have
342-29	the decedent’s will admitted to probate and/or seeking administration of decedent’s estate, to the
342-30	Rhode Island executive office of health and human services.
342-31	C. I further certify that I have sent a copy of the decedent’s death certificate by certified
342-32	mail to the Rhode Island executive office of health and human services.
342-33	I hereby certify that (Name of Decedent), referred to as the decedent, DID NOT receive
342-34	medical assistance when said decedent was fifty-five (55) years of age or older or regardless of
343-1	the decedent’s age, while the decedent was an inpatient in a nursing facility or a medical
343-2	institution.
343-3	Subscribed and sworn under the penalties of perjury the ---------day of------------------, 20-
343-4	-------.
343-5	Signature of Petitioner (1)
343-6	Name and address of
343-7	Estate executor, administrator or attorney
343-8	Date
343-9	INSTRUCTIONS:
343-10	1. This affidavit is required for every decedent’s estate.
343-11	2. This affidavit must be executed by all petitioners.
343-12	SECTION 6. This article shall take effect upon passage.
343-13	ARTICLE 33
343-14	RELATING TO HOLIDAYS
343-15	SECTION 1. Section 25-1-1 of the General Laws in Chapter 25-1 entitled “Holidays” is
343-16	hereby amended to read as follows:
343-17	25-1-1. General holidays enumerated. -- The first day of January or, in the event that
343-18	day is a Saturday or Sunday, then state employees will celebrate the holiday on the following
343-19	Monday (as New Year's Day), the third Monday of January (as Dr. Martin Luther King, Jr.'s
343-20	Birthday), the third Monday of February (as Washington's Birthday), the fourth day of May (as
343-21	Rhode Island Independence Day), the last Monday of May (as Memorial Day), the fourth day of
343-22	July or, in the event that day is a Saturday or Sunday, then state employees will celebrate the
343-23	holiday on the following Monday (as Independence Day), the second Monday of August (as
343-24	Victory Day), the first Monday of September (as Labor Day), the second Monday of October (as
343-25	Columbus Day), the eleventh day of November or, in the event that day is a Saturday or Sunday,
343-26	then state employees will celebrate the holiday on the following Monday (as Veterans' Day), the
343-27	twenty-fifth day of December, or in the event that day is a Saturday or Sunday, then state
343-28	employees will celebrate the holiday on the following Monday (as Christmas Day), and each of
343-29	the above days in every year, or when either of the above days falls on the first day of the week,
343-30	then the day following it, ~~the Tuesday next after the first Monday in November in each year in~~
343-31	~~which a general election of state officers is held (as election day),~~ the first day of every week
343-32	(commonly called Sunday), and any other days as the governor or general assembly of this state
343-33	or the president or the congress of the United States shall appoint as holidays for any purpose,
343-34	days of thanksgiving, or days of solemn fast, shall be holidays.
344-1	SECTION 2. This article shall take effect upon passage.
344-2	ARTICLE 34
344-3	RELATING TO EFFECTIVE DATE
344-4	SECTION 1. This act shall take effect as of July 1, 2012, except as otherwise provided
344-5	herein.
344-6	SECTION 2. This article shall take effect upon passage.




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	LC01059
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H7323