2013 -- H 5127 SUBSTITUTE A AS AMENDED
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LC00567/SUB A
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STATE OF RHODE ISLAND |
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IN GENERAL ASSEMBLY |
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JANUARY SESSION, A.D. 2013 |
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A N A C T
RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2014
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Introduced By: Representative Helio Melo |
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Date Introduced: January 22, 2013 |
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Referred To: House Finance |
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It is enacted by the General Assembly as follows:
ARTICLE 1........ RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2014
ARTICLE 2........ RELATING TO MEDICARE EXCHANGE PROGRAM FOR MEDICARE
ELIGIBLE RETIREES
ARTICLE 3........ RELATING TO HEALTH INSURANCE BENEFITS
ARTICLE 4........ RELATING TO FICA ALTERNATE RETIREMENT PLAN
ARTICLE 5 ....... RELATING TO HIGHWAYS
ARTICLE 6 ....... RELATING TO DIVISION OF MOTOR VEHICLES
ARTICLE 7........ RELATING TO RHODE ISLAND PUBLIC TELECOMMUNICATIONS
AUTHORITY
ARTICLE 8........ RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND
OPERATING SPACE
ARTICLE 9........ RELATING TO TAXATION
ARTICLE 10 ..... RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF
FY 2013
ARTICLE 11...... RELATING TO MUNICIPAL INCENTIVE AID
ARTICLE 12...... RELATING TO HOSPITAL UNCOMPENSATED CARE
ARTICLE 13 ..... RELATING TO EDUCATION AID
ARTICLE 14...... RELATING TO EMPLOYMENT SECURITY JOB DEVELOPMENT
FUND ASSESSMENT
ARTICLE 15...... RELATING TO HUMAN RESOURCE INVESTMENT COUNCIL
ARTICLE 16...... RELATING TO RESTRICTED RECEIPT ACCOUNTS
ARTICLE 17...... RELATING TO EMERGENCY AND PUBLIC COMMUNICATION
ACCESS FUND
ARTICLE 18 ..... RELATING TO HUMAN SERVICES – TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES AND CHILD CARE
ARTICLE 19...... RELATING TO MEDICAL ASSISTANCE
ARTICLE 20...... RELATING TO MUNICIPAL ROAD AND BRIDGE REVOLVING FUND
ARTICLE 21...... RELATING TO RHODE ISLAND PUBLIC TRANSIT AUTHORITY
ARTICLE 22 ..... RELATING TO HISTORIC TAX CREDITS
ARTICLE 23...... RELATING TO STATE AFFAIRS AND GOVERNMENT – THE
INNOVATE RHODE ISLAND SMALL BUSINESS PROGRAM
ARTICLE 24...... RELATING TO ECONOMIC DEVELOPMENT
ARTICLE 25……RELATING TO THE EFFECTIVE DATE
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art.001/3/001/2/001/1
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ARTICLE 1 AS AMENDED
Relating To making appropriations in support of fy 2014
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this act, the following general revenue amounts are hereby appropriated out of any money in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2014. The amounts identified for federal funds and restricted receipts shall be made available pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
Administration
Central Management
General Revenues 2,111,597
Office of Digital Excellence 810,441
Federal Funds 194,591
Total – Central Management 3,116,629
Legal Services General Revenues 1,948,683
Accounts and Control General Revenues 3,966,422
Office of Management and Budget
General Revenues 4,049,888
Restricted Receipts 481,303
Total – Office of Management and Budget 4,531,191
Purchasing
General Revenues 2,689,542
Federal Funds 193,710
Other Funds 360,814
Total – Purchasing 3,244,066
Auditing General Revenues 1,344,585
Human Resources
General Revenues 8,329,216
Federal Funds 808,123
Restricted Receipts 469,283
Other Funds 1,580,772
Total - Human Resources 11,187,394
Personnel Appeal Board General Revenues 75,036
Facilities Management
General Revenues 32,198,875
Federal Funds 925,630
Restricted Receipts 616,083
Other Funds 3,696,513
Total – Facilities Management 37,437,101
Capital Projects and Property Management General Revenues 1,240,545
Information Technology
General Revenues 19,293,222
Federal Funds 7,135,490
Restricted Receipts 5,370,582
Other Funds 2,182,024
Total – Information Technology 33,981,318
Library and Information Services
General Revenues 1,007,465
Federal Funds 1,183,126
Restricted Receipts 1,694
Total - Library and Information Services 2,192,285
Planning
General Revenues 4,701,094
Federal Funds 10,935,098
Other Funds
Federal Highway – PL Systems Planning 5,039,312
Total - Planning 20,675,504
General
General Revenues
Economic Development Corporation 4,545,572
EDC – Airport Impact Aid 1,025,000
Sixty percent (60%) of the first one million dollars ($1,000,000) appropriated for airport impact aid shall be distributed to each airport serving more than one million (1,000,000) passengers based upon its percentage of the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%) of the first one million dollars ($1,000,000) shall be distributed based on the share of landings during the calendar year 2013 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport, T.F. Green Airport and Westerly Airport, respectively. The Economic Development Corporation shall make an impact payment to the towns or cities in which the airport is located based on this calculation. Each community upon which any parts of the above airports are located shall receive at least twenty-five thousand dollars ($25,000).
EDC – EPScore (Research Alliance) 1,150,000
Innovative Matching Grants 500,000
Miscellaneous Grants/Payments 146,049
Slater Centers of Excellence 1,000,000
Torts – Courts 400,000
Current Care/Health Information Exchange 450,000
I-195 Commission 501,000
RI Film and Television Office 310,747
State Employees/Teachers Retiree Health Subsidy 2,321,057
Resource Sharing and State Library Aid 8,773,398
Library Construction Aid 2,500,666
Federal Funds 4,345,555
Restricted Receipts 421,500
Rhode Island Capital Plan Funds
Statehouse Renovations 1,879,000
DoIT Enterprise Operations Center 250,000
Cranston Street Armory 1,650,000
Cannon Building 650,000
Zambarano Building Rehabilitation 1,530,000
Pastore Center Rehab DOA Portion 1,155,000
Old State House 500,000
State Office Building 715,000
Old Colony House 175,000
William Powers Building 2,700,000
Fire Code Compliance State Buildings 500,000
Pastore Center Fire Code Compliance 1,691,596
Pastore Center Utility Systems Upgrade 2,745,789
Replacement of Fueling Tanks 300,000
Environmental Compliance 200,000
Big River Management Area 180,000
Pastore Center Building Demolition 2,400,000
Washington County Government Center 612,000
Veterans Memorial Auditorium 5,298,789
Chapin Health Laboratory 1,725,000
Pastore Center Parking 300,000
Pastore Center Water Tanks 300,000
Board of Elections New Location 1,250,000
Pastore Cottages Rehab 800,000
Ladd Center Buildings Demolition 1,500,000
I-195 Commission 250,000
RI Convention Center Authority 1,000,000
Dunkin Donuts Center 925,000
Mathias 1,600,000
Pastore Center Power Plant 1,600,000
Virks 1,000,000
Harrington Hall Renovations 1,000,000
Veterans Land Purchase 4,150,000
Provided that the cost for the land purchase shall not exceed $70.00 per square foot.
Total – General 70,922,718
Debt Service Payments
General Revenues 157,387,801
Of the general revenue appropriation for debt service, two million five hundred thousand dollars ($2,500,000) is appropriated for transfer to the Capital Reserve Fund of the EDC Job Creation Guaranty Program.
Federal Funds 2,759,328
Restricted Receipts 2,131,275
Other Funds
Transportation Debt Service 30,369,820
Investment Receipts – Bond Funds 100,000
COPS - DLT Building – TDI 278,848
Total - Debt Service Payments 193,027,072
Energy Resources
Federal Funds 590,080
Federal Funds – Stimulus 5,150,000
Restricted Receipts 5,459,477
Total – Energy Resources 11,199,557
Rhode Island Health Benefits Exchange Federal Funds 28,348,926
Construction Permitting, Approvals and Licensing
General Revenues 1,421,350
Restricted Receipts 1,408,159
Total – Construction Permitting, Approvals and Licensing 2,829,509
Personnel Savings
General Revenues (1,398,040)
Federal Funds (379,988)
Restricted Receipts (446,548)
Other Funds (342,628)
Total – Personnel Savings (2,567,204)
Grand Total – Administration 428,701,337
Business Regulation
Central Management General Revenues 1,197,671
Banking Division
General Revenues 1,715,225
Restricted Receipts 125,000
Total - Banking Division 1,840,225
Securities Regulation
General Revenues 980,090
Restricted Receipts 15,000
Total - Securities Regulation 995,090
Insurance Regulation
General Revenues 3,767,883
Restricted Receipts 1,345,584
Total - Insurance Regulation 5,113,467
Office of the Health Commissioner
General Revenues 542,180
Federal Funds 1,747,589
Restricted Receipts 10,500
Total – Office of the Health Commissioner 2,300,269
Board of Accountancy General Revenues 81,034
Commercial Licensing, Racing & Athletics
General Revenues 707,941
Restricted Receipts 500,329
Total - Commercial Licensing, Racing & Athletics 1,208,270
Board for Design Professionals General Revenues 253,854
Grand Total - Business Regulation 12,989,880
Labor and Training
Central Management
General Revenues 118,760
Restricted Receipts 342,730
Rhode Island Capital Plan Funds
Center General Asset Protection 702,000
Total - Central Management 1,163,490
Workforce Development Services
General Funds 1,250,000
Federal Funds 22,942,484
Restricted Receipts 9,134,984
Total - Workforce Development Services 33,327,468
Workforce Regulation and Safety General Revenues 3,002,408
Income Support
General Revenues 4,299,157
Federal Funds 17,957,752
Federal Funds - Stimulus - UI 54,810,000
Restricted Receipts 2,008,358
Job Development Fund 22,500,000
Other Funds
Temporary Disability Insurance Fund 172,549,295
Employment Security Fund 271,329,801
Total - Income Support 545,454,363
Injured Workers Services Restricted Receipts 9,139,647
Labor Relations Board General Revenues 393,736
Grand Total - Labor and Training 592,481,112
Department of Revenue
Director of Revenue General Revenues 1,222,847
Office of Revenue Analysis General Revenues 528,721
Lottery Division Lottery Funds 245,451,858
Municipal Finance General Revenues 2,351,173
Taxation
General Revenues 18,027,851
Federal Funds 1,261,962
Restricted Receipts 849,626
Other Funds
Motor Fuel Tax Evasion 43,232
Temporary Disability Insurance 916,617
Total – Taxation 21,099,288
Registry of Motor Vehicles
General Revenues 18,895,421
Federal Funds 1,786,689
Restricted Receipts 14,763
Rhode Island Capital Plan Funds
Safety & Emissions Lift Replacement 150,000
Total – Registry of Motor Vehicles 20,846,873
State Aid
General Revenue
Distressed Communities Relief Fund 10,384,458
Payment in Lieu of Tax Exempt Properties 35,080,409
Motor Vehicle Excise Tax Payments 10,000,000
Property Revaluation Program 516,615
Municipal Aid 5,000,000
Restricted Receipts 957,497
Total – State Aid 61,938,979
Grand Total – Revenue 353,439,739
Legislature
General Revenues 36,486,933
Restricted Receipts 1,604,615
Grand Total – Legislature 38,091,548
Lieutenant Governor
General Revenues 986,890
Federal Funds 1,108,488
Grand Total - Lieutenant Governor 2,095,378
Secretary of State
Administration General Revenues 2,078,542
Corporations General Revenues 2,152,424
State Archives
General Revenues 131,705
Restricted Receipts 449,931
Total - State Archives 581,636
Elections & Civics General Revenues 1,162,821
State Library General Revenues 611,318
Office of Public Information
General Revenues 361,023
Restricted Receipts 5,000
Total - Office of Public Information 366,023
Grand Total – Secretary of State 6,952,764
General Treasurer
Treasury
General Revenues 2,471,194
Federal Funds 293,099
Restricted Receipts 40,000
Other Funds
Temporary Disability Insurance Funds 228,923
Total – Treasury 3,033,216
State Retirement System
Restricted Receipts
Admin Expenses - State Retirement System 10,256,532
Retirement – Treasury Investment Operations 1,162,562
Defined Contribution – Administration 246,971
Total - State Retirement System 11,666,065
Unclaimed Property Restricted Receipts 18,559,092
Crime Victim Compensation Program
General Revenues 183,498
Federal Funds 837,323
Restricted Receipts 1,128,267
Total - Crime Victim Compensation Program 2,149,088
Grand Total – General Treasurer 35,407,461
Board of Elections
General Revenues 1,589,361
Public Financing of General Elections 150,000
Grand Total – Board of Elections 1,739,361
Rhode Island Ethics Commission General Revenues 1,577,204
Office of Governor
General Revenues 4,193,513
Contingency Fund 250,000
Grand Total – Office of Governor 4,443,513
Commission for Human Rights
General Revenues 1,150,785
Federal Funds 308,638
Grand Total - Commission for Human Rights 1,459,423
Public Utilities Commission
Federal Funds 90,574
Federal Funds – Stimulus 76,244
Restricted Receipts 8,253,475
Grand Total - Public Utilities Commission 8,420,293
Office of Health and Human Services
Central Management
General Revenues 27,699,190
Federal Funds 88,057,656
Federal Funds – Stimulus 537,780
Restricted Receipts 982,284
Total – Central Management 117,276,910
Medical Assistance
General Revenues
Managed Care 281,682,858
Hospitals 107,499,737
Of this amount, $5,482,009 is for the outpatient upper payment limit reimbursement.
Nursing Facilities 179,263,818
Home and Community Based Services 48,645,073
Other Services 44,013,672
Pharmacy 51,721,344
Rhody Health 100,701,958
Affordable Care Act Transition Program 2,000,000
Federal Funds
Managed Care 311,563,733
Hospitals 111,449,104
Of this amount, $5,570,428 is for the outpatient upper payment limit reimbursement.
Nursing Facilities 182,155,169
Home and Community Based Services 49,429,970
Other Services 150,655,199
Pharmacy 243,742
Rhody Health 101,617,845
Special Education 19,000,000
Restricted Receipts 9,015,000
Total – Medical Assistance 1,750,658,222
Grand Total – Health and Human Services 1,867,935,132
Children, Youth, and Families
Central Management
General Revenues 4,911,020
Federal Funds 2,155,735
Restricted Receipts 34,991
Total – Central Management 7,101,746
Children's Behavioral Health Services
General Revenues 4,491,441
Federal Funds 5,572,682
Rhode Island Capital Plan Funds
NAFI Center 280,000
Mt. Hope Building Façade 275,000
Total - Children's Behavioral Health Services 10,619,123
Juvenile Correctional Services
General Revenue 26,877,697
Federal Funds 330,645
Federal Funds – Stimulus 4,270
Rhode Island Capital Plan Funds
Thomas C. Slater Training School Maintenance Building 535,000
Total - Juvenile Correctional Services 27,747,612
Child Welfare
General Revenues 105,380,058
18 to 21 Year Olds 11,116,775
Federal Funds 46,003,996
18 to 21 Year Olds 2,239,970
Federal Funds – Stimulus 385,107
Restricted Receipts 2,579,179
Rhode Island Capital Plan Funds
Fire Code Upgrades 500,000
Total – Child Welfare 168,205,085
Higher Education Incentive Grants General Revenues 200,000
Grand Total – Children, Youth, and Families 213,873,566
Health
Central Management
General Revenues 544,959
Federal Funds 8,645,598
Restricted Receipts 4,239,580
Total – Central Management 13,430,137
State Medical Examiner
General Revenues 2,365,037
Federal Funds 163,940
Total – State Medical Examiner 2,528,977
Environmental and Health Services Regulation
General Revenues 9,491,266
Federal Funds 5,856,356
Restricted Receipts 4,199,254
Total – Environmental and Health Services Regulation 19,546,876
Health Laboratories
General Revenues 6,199,240
Federal Funds 1,492,480
Total – Health Laboratories 7,691,720
Public Health Information
General Revenues 1,524,091
Federal Funds 847,574
Federal Funds – Stimulus 97,959
Total – Public Health Information 2,469,624
Community and Family Health and Equity
General Revenues 2,448,286
Federal Funds 41,420,480
Federal Funds – Stimulus 382,645
Restricted Receipts 26,194,072
Other Funds
Safe and Active Commuting 35,310
Total – Community and Family Health and Equity 70,480,793
Infectious Disease and Epidemiology
General Revenues 1,735,122
Federal Funds 3,097,510
Total – Infectious Disease and Epidemiology 4,832,632
Grand Total – Health 120,980,759
Human Services
Central Management
General Revenues 5,543,121
Federal Funds 5,244,172
Restricted Receipts 414,962
Total - Central Management 11,202,255
Child Support Enforcement
General Revenues 2,370,212
Federal Funds 6,095,358
Total – Child Support Enforcement 8,465,570
Individual and Family Support
General Revenues 20,922,405
Federal Funds 133,591,509
Restricted Receipts 7,352,671
Rhode Island Capital Plan Fund
Blind Vending Facilities 165,000
Intermodal Surface Transportation Fund 4,165,364
Food Stamp Bonus Funding 150,000
Total - Individual and Family Support 166,346,949
Veterans' Affairs
General Revenues 20,993,993
Federal Funds 7,678,815
Restricted Receipts 1,467,376
Total - Veterans' Affairs 30,140,184
Health Care Eligibility
General Revenues 8,141,377
Federal Funds 11,060,155
Total - Health Care Eligibility 19,201,532
Supplemental Security Income Program General Revenues 18,234,514
Rhode Island Works
General Revenues - Child Care 9,668,635
Federal Funds 80,298,745
Total – Rhode Island Works 89,967,380
State Funded Programs
General Revenues
General Public Assistance 1,906,800
Of this appropriation, $210,000 shall be used for hardship contingency payments.
Federal Funds 298,637,602
Total - State Funded Programs 300,544,402
Elderly Affairs
General Revenues 5,522,367
RIPAE 174,484
Care and Safety of the Elderly 1,287
Federal Funds 11,761,746
Restricted Receipts 527,491
Total – Elderly Affairs 17,987,375
Grand Total – Human Services 662,090,161
Behavioral Healthcare, Developmental Disabilities, and Hospitals
Central Management
General Revenues 816,045
Federal Funds 429,446
Total – Central Management 1,245,491
Hospital and Community System Support
General Revenues 1,592,216
Restricted Receipts 734,152
Rhode Island Capital Plan Funds
Medical Center Rehabilitation 925,000
Community Facilities Fire Code 325,000
Total – Hospital and Community System Support 3,576,368
Services for the Developmentally Disabled
General Revenues 109,467,984
Federal Funds 112,094,959
Restricted Receipts 1,652,750
Rhode Island Capital Plan Funds
DD Private Waiver 225,431
Regional Center Repair/Rehabilitation 400,000
MR Community Facilities/Access to Independence 500,000
Total – Services for the Developmentally Disabled 224,341,124
Behavioral Healthcare Services
General Revenues 39,670,207
Federal Funds 53,105,582
Federal Funds – Stimulus 232,500
Restricted Receipts 125,000
Rhode Island Capital Plan Funds
MH Community Facilities Repair 225,000
MH Housing Development-Thresholds 800,000
Substance Abuse Asset Protection 125,000
Total – Behavioral Healthcare Services 94,283,289
Hospital and Community Rehabilitative Services
General Revenues 50,544,930
Federal Funds 51,897,236
Restricted Receipts 4,884,970
Rhode Island Capital Plan Funds
Zambarano Buildings and Utilities 150,000
Hospital Consolidation 3,000,000
BHDDH Administrative Buildings 3,000,000
MR Community Facilities 925,000
Total - Hospital and Community Rehabilitative Services 114,402,136
Grand Total – Behavioral Healthcare, Developmental
Disabilities, and Hospitals 437,848,408
Office of the Child Advocate
General Revenues 608,651
Federal Funds 39,997
Grand Total – Office of the Child Advocate 648,648
Commission on the Deaf and Hard of Hearing
General Revenues 391,609
Restricted Receipts 80,000
Grand Total – Com on Deaf and Hard of Hearing 471,609
Governor's Commission on Disabilities
General Revenues 357,711
Federal Funds 129,989
Restricted Receipts 10,365
Rhode Island Capital Plan Funds
Accessibility to Disability Service Providers 247,938
Accessibility Fire Safety Renovations 115,833
Accessibility to Higher Education 593,500
Grand Total – Governor's Commission on Disabilities 1,455,336
Office of the Mental Health Advocate General Revenues 486,144
Elementary and Secondary Education
Administration of the Comprehensive Education Strategy
General Revenues 19,826,703
Federal Funds 192,856,736
Federal Funds – Stimulus 19,956,823
RTTT LEA Share 11,022,400
Restricted Receipts 1,400,286
HRIC Adult Education Grants 3,800,000
Rhode Island Capital Plan Funds
State-Owned Cranston 872,583
State-Owned East Providence 175,000
State-Owned Warwick 500,000
State-Owned Woonsocket 1,575,000
Total – Administration of the Comprehensive
Education Strategy 251,985,531
Davies Career and Technical School
General Revenues 12,792,048
Federal Funds 1,384,139
Federal Funds – Stimulus 123,877
Restricted Receipts 2,564,848
Rhode Island Capital Plan Funds
Davies HVAC 830,271
Davies Asset Protection 95,000
Total – Davies Career and Technical School 17,790,183
RI School for the Deaf
General Revenues 6,070,194
Federal Funds 281,867
Federal Funds – Stimulus 120,812
Restricted Receipts 300,000
Total – RI School for the Deaf 6,772,873
Metropolitan Career and Technical School
General Revenues 11,085,049
Rhode Island Capital Plan Funds
MET School East Bay 2,580,000
MET Asset Protection 100,000
MET School HVAC 833,333
Total – Metropolitan Career and Technical School 14,598,382
Education Aid
General Revenues 724,892,567
Restricted Receipts 19,593,382
Permanent School Fund – Education Aid 300,000
Total – Education Aid 744,785,949
Central Falls School District General Revenues 38,399,591
Housing Aid General Revenues 69,949,504
Teachers' Retirement General Revenues 81,691,253
Grand Total - Elementary and Secondary Education 1,225,973,266
Public Higher Education
Board of Governors/Office of Higher Education
General Revenues 4,994,523
Federal Funds 6,190,306
Total - Board of Governors/Office of Higher Education 11,184,829
University of Rhode Island
General Revenues
General Revenues 64,086,076
The University of Rhode Island shall maintain tuition charges in the 2013 – 2014 academic year at the same level as the 2012 – 2013 academic year. The University shall not decrease internal student financial aid in the 2013 – 2014 academic year below the level of the 2012 – 2013 academic year. The President of the institution shall report, prior to the commencement of the 2013-2014 academic year, to the chair of the Rhode Island Board of Education that such tuition charges and student aid levels have been achieved at the start of FY 2014 as prescribed above.
Debt Service 20,585,263
State Crime Lab 1,027,327
University and College Funds University and College Funds 600,530,024
Debt – Dining Services 1,160,911
Debt – Educational and General 3,304,053
Debt – Health Services 152,595
Debt – Housing Loan Funds 11,049,281
Debt – Memorial Union 301,628
Debt – Ryan Center 2,798,704
Debt – Alton Jones Services 115,305
Debt - Parking Authority 1,040,836
Debt – Sponsored Research (Ind. Cost) 100,238
Debt – Energy Conservation 2,905,496
Rhode Island Capital Plan Funds
Asset Protection 7,357,500
Fire and Safety Protection 10,100,000
Nursing Education Center 2,500,000
Total – University of Rhode Island 729,115,237
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2014 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2015.
Rhode Island College
General Revenues
General Revenues 39,004,298
Rhode Island College shall maintain tuition charges in the 2013 – 2014 academic year at the same level as the 2012 – 2013 academic year. The College shall not decrease internal student financial aid in the 2013 – 2014 academic year below the level of the 2012 – 2013 academic year. The President of the institution shall report, prior to the commencement of the 2013-2014 academic year, to the chair of the Rhode Island Board of Education that such tuition charges and student aid levels have been achieved at the start of FY 2014 as prescribed above.
Debt Service 3,887,576
University and College Funds
University and College Funds 110,482,163
Debt – Educational and General 886,640
Debt – Housing 2,050,004
Debt – Student Center and Dining 172,078
Debt – Student Union 234,113
Debt– G.O. Debt Service 1,638,017
Rhode Island Capital Plan Funds
Asset Protection 2,843,250
Infrastructure Modernization 5,000,000
Total – Rhode Island College 166,198,139
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2014 relating to Rhode Island College are hereby reappropriated to fiscal year 2015.
Community College of Rhode Island
General Revenues
General Revenues 44,589,076
The Community College of Rhode Island shall maintain tuition charges in the 2013 – 2014 academic year at the same level as the 2012 – 2013 academic year. The Community College shall not decrease internal student financial aid in the 2013 – 2014 academic year below the level of the 2012 – 2013 academic year. The President of the institution shall report, prior to the commencement of the 2013-2014 academic year, to the chair of the Rhode Island Board of Education that such tuition charges and student aid levels have been achieved at the start of FY 2014 as prescribed above.
Debt Service 1,839,656
Restricted Receipts 702,583
University and College Funds
University and College Funds 100,333,007
Debt – Bookstore 28,443
CCRI Debt Service – Energy Conservation 1,289,480
Rhode Island Capital Plan Funds
Asset Protection 2,093,500
Knight Campus Renewal 125,000
Total – Community College of RI 151,000,745
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2014 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2015.
Grand Total – Public Higher Education 1,057,498,950
RI State Council on the Arts
General Revenues
Operating Support 423,973
Grants 911,657
Federal Funds 797,329
Other Funds
Arts for Public Facilities 632,536
Grand Total - RI State Council on the Arts 2,765,495
RI Atomic Energy Commission
General Revenues 861,710
Federal Funds 267,044
Other Funds
URI Sponsored Research 257,977
Rhode Island Capital Plan Funds
RINSC Asset Protection 50,000
Grand Total - RI Atomic Energy Commission 1,436,731
RI Higher Education Assistance Authority
General Revenues
Needs Based Grants and Work Opportunities 4,134,726
Authority Operations and Other Grants 147,000
Federal Funds 13,274,020
Other Funds
Tuition Savings Program – Needs Based Grants and Work Opportunities 8,800,000
Tuition Savings Program – Administration 407,989
Grand Total – RI Higher Education Assistance Authority 26,763,735
RI Historical Preservation and Heritage Commission
General Revenues 1,357,510
Federal Funds 609,949
Restricted Receipts 454,491
Other Funds
RIDOT Project Review 84,999
Rhode Island Capital Funds
Eisenhower House Asset Protection 1,000,000
Grand Total – RI Historical Preservation and Heritage Comm 3,506,949
Attorney General
Criminal
General Revenues 14,446,868
Federal Funds 1,619,532
Restricted Receipts 4,440,620
Total – Criminal 20,507,020
Civil
General Revenues 4,985,425
Restricted Receipts 632,970
Total – Civil 5,618,395
Bureau of Criminal Identification General Revenues 1,503,119
General
General Revenues 2,721,567
Rhode Island Capital Plan Funds
Building Renovations and Repairs 50,000
Total – General 2,771,567
Grand Total - Attorney General 30,400,101
Corrections
Central Management
General Revenues 9,077,039
Federal Funds 45,094
Federal Funds - Stimulus 10,770
Total – Central Management 9,132,903
Parole Board
General Revenues 1,354,433
Federal Funds 38,000
Total - Parole Board 1,392,433
Custody and Security
General Revenues 115,418,407
Federal Funds 761,526
Total – Custody and Security 116,179,933
Institutional Support
General Revenues 15,728,306
RICAP – Asset Protection 3,000,000
RICAP – Maximum – General Renovations 1,100,000
RICAP – General Renovations Women's 1,000,000
RICAP – Bernadette Guay Roof 1,165,000
RICAP – ISC Exterior Envelope and HVAC 4,000,000
RICAP – Minimum Security Kitchen Expansion 2,485,392
RICAP – Medium Infrastructure 4,719,359
Total – Institutional Support 33,198,057
Institutional Based Rehab./Population Management
General Revenues 9,129,775
Federal Funds 794,918
Federal Funds – Stimulus 64,394
Restricted Receipts 29,758
Total – Institutional Based Rehab/Population Mgt. 10,018,845
Healthcare Services General Revenues 19,639,269
Community Corrections
General Revenues 15,031,969
Federal Funds 73,986
Restricted Receipts 35,132
Total – Community Corrections 15,141,087
Grand Total – Corrections 204,702,527
Judiciary
Supreme Court
General Revenues 26,221,542
Defense of Indigents 3,562,240
Federal Funds 272,163
Restricted Receipts 3,356,909
Rhode Island Capital Plan Funds
Judicial HVAC 425,000
Judicial Complexes Asset Protection 650,000
Murray Judicial Complex Cell Block 440,000
Total - Supreme Court 34,927,854
Judicial Tenure and Discipline General Revenues 115,627
Superior Court
General Revenues 22,294,581
Federal Funds 94,205
Restricted Receipts 306,723
Total - Superior Court 22,695,509
Family Court
General Revenues 18,851,385
Federal Funds 2,257,880
Total - Family Court 21,109,265
District Court
General Revenues 12,545,634
Restricted Receipts 297,822
Total - District Court 12,843,456
Traffic Tribunal General Revenues 8,090,350
Workers' Compensation Court Restricted Receipts 7,842,060
Grand Total – Judiciary 107,624,121
Military Staff
National Guard
General Revenues 1,361,037
Federal Funds 14,816,306
Restricted Receipts 300,000
Rhode Island Capital Plan Funds
Armory of Mounted Command Roof Replacement 280,000
State Armories Fire Code Compliance 20,250
Federal Armories Fire Code Compliance 20,250
Asset Protection 775,000
Logistics/Maintenance Facilities Fire Code Compliance 12,500
Benefit Street Arsenal Rehabilitation 800,000
Hurricane Sandy Cleanup 1,500,000
Total - National Guard 19,885,343
Emergency Management
General Revenues 2,508,946
Federal Funds 20,062,446
Restricted Receipts 700,779
Total - Emergency Management 23,272,171
Grand Total - Military Staff 43,157,514
Public Safety
Central Management
General Revenues 1,240,692
Federal Funds 4,032,164
Federal Funds – Stimulus 73,809
Restricted Receipts 850
Total – Central Management 5,347,515
E-911 Emergency Telephone System General Revenues 5,488,731
State Fire Marshal
General Revenues 2,894,425
Restricted Receipts 277,338
Rhode Island Capital Plan Funds
Fire Academy 800,000
Quonset Development Corporation 55,303
Total - State Fire Marshal 4,027,066
Security Services General Revenues 21,814,553
Municipal Police Training Academy
General Revenues 293,022
Federal Funds 269,151
Total – Municipal Police Training Academy 562,173
State Police
General Revenues 64,630,376
Federal Funds 1,780,411
Restricted Receipts 12,475,000
Rhode Island Capital Plan Funds
Barracks and Training 1,409,743
Headquarters Repairs/Rehabilitation 500,000
Parking Area Improvements 225,000
HQ Expansion 210,000
Traffic Enforcement – Municipal Training 130,150
Lottery Commission Assistance 1,558,727
Airport Corporation 240,304
Road Construction Reimbursement 3,078,000
Total – State Police 86,237,711
Grand Total – Public Safety 123,477,749
Office of Public Defender
General Revenues 11,034,686
Federal Funds 291,996
Grand Total – Office of Public Defender 11,326,682
Environmental Management
Office of the Director
General Revenues 4,575,920
Permit Streamlining 33,414
Federal Funds 150,000
Restricted Receipts 2,929,180
Total – Office of the Director 7,688,514
Natural Resources
General Revenues 18,718,638
Federal Funds 27,119,465
Restricted Receipts 6,594,688
Other Funds
DOT Recreational Projects 370,428
Blackstone Bikepath Design 2,060,087
Transportation MOU 78,579
Rhode Island Capital Plan Funds
Dam Repair 1,300,000
Fort Adams Rehabilitation 500,000
Fort Adams America's Cup 3,883,558
Recreational Facilities Improvements 3,390,000
Galilee Piers Upgrade 2,696,307
Newport Piers 250,000
World War II Facility 2,600,000
Blackstone Valley Bike Path 596,000
Natural Resources Office/Visitor's Center 1,800,000
Rocky Point Acquisition/Renovations 2,500,000
Total - Natural Resources 74,457,750
Environmental Protection
General Revenues 11,428,346
Federal Funds 11,122,266
Restricted Receipts 8,557,647
Other Funds
Transportation MOU 165,000
Retrofit Heavy-Duty Diesel Vehicles 2,760,000
Total – Environmental Protection 34,033,259
Grand Total - Environmental Management 116,179,523
Coastal Resources Management Council
General Revenues 2,174,331
Federal Funds 1,754,919
Federal Funds - Stimulus 405,674
Restricted Receipts 374,982
Grand Total - Coastal Resources Mgmt. Council 4,709,906
Transportation
Central Management
Federal Funds 11,307,723
Other Funds
Gasoline Tax 1,455,983
Total - Central Management 12,763,706
Management and Budget
Other Funds - Gasoline Tax 1,549,669
Infrastructure Engineering- GARVEE/Motor Fuel Tax Bonds
Federal Funds 293,587,942
Of these federal funds, $1,790,000 is appropriated to the Public Rail Corporation from CMAQ federal funds for the payment of liability insurance.
Federal Funds – Stimulus 6,865,921
Restricted Receipts 8,010,496
Other Funds
Gasoline Tax 53,061,714
Land Sale Revenue 14,809,264
Rhode Island Capital Funds
RIPTA Land and Buildings 104,000
Highway Projects Match Plan 21,135,000
Total - Infrastructure Engineering – GARVEE/Motor
Fuel Tax Bonds 397,574,337
Infrastructure Maintenance
Other Funds
Gasoline Tax 42,251,075
Non-Land Surplus Property 125,000
Outdoor Advertising 175,000
Rhode Island Capital Plan Funds
Maintenance Facilities Improvements 776,210
Salt Storage Facilities 1,500,000
Portsmouth Facility 1,835,000
Maintenance Equipment Replacement 1,000,000
Train Station Maintenance and Repairs 100,000
Cooperative Maintenance Facility DOT/RIPTA 600,000
Total - Infrastructure Maintenance 48,362,285
Grand Total – Transportation 460,249,997
Statewide Totals
General Revenues 3,359,755,123
Federal Funds 2,717,673,430
Restricted Receipts 255,035,912
Other Funds 1,880,597,557
Statewide Grand Total 8,213,062,022
SECTION 2. Each line appearing in Section 1 of this Article shall constitute an appropriation.
SECTION 3. Upon the transfer of any function of a department or agency to another department or agency, the Governor is hereby authorized by means of executive order to transfer or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected thereby.
SECTION 4. From the appropriation for contingency shall be paid such sums as may be required at the discretion of the Governor to fund expenditures for which appropriations may not exist. Such contingency funds may also be used for expenditures in the several departments and agencies where appropriations are insufficient, or where such requirements are due to unforeseen conditions or are non-recurring items of an unusual nature. Said appropriations may also be used for the payment of bills incurred due to emergencies or to any offense against public peace and property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as amended. All expenditures and transfers from this account shall be approved by the Governor.
SECTION 5. The general assembly authorizes the state controller to establish the internal service accounts shown below, and no other, to finance and account for the operations of state agencies that provide services to other agencies, institutions and other governmental units on a cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in a businesslike manner, promote efficient use of services by making agencies pay the full costs associated with providing the services, and allocate the costs of central administrative services across all fund types, so that federal and other non-general fund programs share in the costs of general government support. The controller is authorized to reimburse these accounts for the cost of work or services performed for any other department or agency subject to the following expenditure limitations:
Account Expenditure Limit
State Assessed Fringe Benefit Internal Service Fund 33,644,675
Administration Central Utilities Internal Service Fund 20,253,728
State Central Mail Internal Service Fund 5,336,633
State Telecommunications Internal Service Fund 4,084,660
State Automotive Fleet Internal Service Fund 13,668,556
Surplus Property Internal Service Fund 2,500
Health Insurance Internal Service Fund 250,127,757
Other Post-Employment Benefits Fund
Retired State Employees 49,727,160
Retired Higher Education Employees 2,536,462
Retired Teachers 7,531,279
Retired State Police 3,073,102
Retired Legislators 772,532
Retired Judges 931,493
Capitol Police Internal Service Fund 872,233
Corrections Central Distribution Center Internal Service Fund 6,701,947
Correctional Industries Internal Service Fund 8,341,086
Secretary of State Record Center Internal Service Fund 869,457
SECTION 6. The General Assembly may provide a written "statement of legislative intent" signed by the chairperson of the House Finance Committee and by the chairperson of the Senate Finance Committee to show the intended purpose of the appropriations contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the House Finance Committee and in the Senate Finance Committee.
At least twenty (20) days prior to the issuance of a grant or the release of funds, which grant or funds are listed on the legislative letter of intent, all department, agency and corporation directors, shall notify in writing the chairperson of the House Finance Committee and the chairperson of the Senate Finance Committee of the approximate date when the funds are to be released or granted.
SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2014.
SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2014.
SECTION 9. Appropriation of Lottery Division Funds – There is hereby appropriated to the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2014.
SECTION 10. Departments and agencies listed below may not exceed the number of full-time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals engaged in training, the completion of which is a prerequisite of employment. Provided, however, that the Governor or designee, Speaker of the House of Representatives or designee, and the President of the Senate or designee may authorize an adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a detailed written recommendation to the Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.
No agency or department may employ contracted employees or employee services where contract employees would work under state employee supervisors without determination of need by the Director of Administration acting upon positive recommendations of the Budget Officer and the Personnel Administrator and 15 days after a public hearing.
Nor may any agency or department contract for services replacing work done by state employees at that time without determination of need by the Director of Administration acting upon the positive recommendations of the Budget Officer and the Personnel Administrator and 30 days after a public hearing.
State employees whose funding is from non-state general revenue funds that are time limited shall receive limited term appointment with the term limited to the availability of non-state general revenue funding source.
FY 2014 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 720.7
Business Regulation 94.0
Labor and Training 392.0
Revenue 492.0
Legislature 298.5
Office of the Lieutenant Governor 8.0
Office of the Secretary of State 57.0
Office of the General Treasurer 83.0
Board of Elections 11.0
Rhode Island Ethics Commission 12.0
Office of the Governor 45.0
Commission for Human Rights 14.5
Public Utilities Commission 49.0
Office of Health and Human Services 184.0
Children, Youth, and Families 670.5
Health 494.1
Human Services 959.1
Behavioral Health, Developmental Disabilities, and Hospitals 1,423.4
Office of the Child Advocate 6.0
Commission on the Deaf and Hard of Hearing 3.0
Governor's Commission on Disabilities 4.0
Office of the Mental Health Advocate 3.7
Elementary and Secondary Education 171.4
School for the Deaf 60.0
Davies Career and Technical School 126.0
Office of Higher Education 13.8
Provided that 1.0 of the total authorization would be available only for positions that are supported by third-party funds.
University of Rhode Island 2,456.5
Provided that 593.2 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island College 923.6
Provided that 82.0 of the total authorization would be available only for positions that are supported by third-party funds.
Community College of Rhode Island 854.1
Provided that 100.0 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island State Council on the Arts 6.0
RI Atomic Energy Commission 8.6
Higher Education Assistance Authority 23.0
Historical Preservation and Heritage Commission 16.6
Office of the Attorney General 233.1
Corrections 1,419.0
Judicial 726.3
Military Staff 117.0
Public Safety 645.2
Office of the Public Defender 93.0
Environmental Management 399.0
Coastal Resources Management Council 29.0
Transportation 772.6
Total 15,118.3
SECTION 11. The amounts reflected in this Article include the appropriation of Rhode Island Capital Plan funds for fiscal year 2014 and supersede appropriations provided for FY 2014 within Section 11 of Article 1 of Chapter 241 of the P.L. of 2012.
The following amounts are hereby appropriated out of any money in the state's Rhode Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending June 30, 2015, June 30, 2016, June 30, 2017, and June 30, 2018. These amounts supersede appropriations provided within Section 1 of Article 1 of Chapter 241 of the P.L. of 2012. For the purposes and functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums and such portions thereof as may be required by him or her upon receipt of properly authenticated vouchers.
Fiscal Year Fiscal Year Fiscal Year Fiscal Year
Ending Ending Ending Ending
Project June 30, 2015 June 30, 2016 June 30, 2017 June 30, 2018
DOA-Big River Management Area 120,000 120,000 120,000 120,000
DOA-Cannon Building 150,000 150,000 150,000 300,000
DOA-Chapin Health Lab 1,400,000 0 0 0
DOA-Cranston Street Armory 1,000,000 500,000 500,000 1,000,000
DOA-Environmental Compliance 200,000 200,000 200,000 200,000
DOA-Fire Code Compliance - State
Buildings 500,000 500,000 500,000 500,000
DOA-Harrington Hall Renovations 500,000 0 0 0
DOA-Ladd Center Buildings
Demolition 2,100,000 0 0 0
DOA-Old State House 1,000,000 500,000 50,000 50,000
DOA-Pastore Center Buildings
Demolition 975,000 1,025,000 1,500,000 1,000,000
DOA-Pastore Center Fire Code
Compliance 1,300,000 500,000 500,000 500,000
DOA-Pastore Medical Center
Rehabilitation 1,000,000 1,475,000 1,060,000 760,000
DOA-Pastore Cottages Rehabilitation 630,000 0 0 0
DOA-Pastore Utilities Upgrade 250,000 250,000 0 0
DOA-Pastore Center Utility Systems
Water Tanks and Pipes 150,000 0 0 0
DOA-State House Renovations 4,500,000 4,500,000 3,000,000 400,000
DOA-State Office Building
[DOT Bldg.] 3,000,000 3,000,000 3,760,000 0
DOA-Washington County Government
Center 350,000 350,000 350,000 350,000
DOA-William Powers Administration
Building 500,000 300,000 300,000 500,000
DOA-Zambarano Utilities and
Infrastructure 2,000,000 1,000,000 0 0
DLT-Center General Asset Protection 962,500 152,000 0 0
DHS-Blind Vending Facilities 165,000 165,000 165,000 165,000
BHDDH-Hospital Consolidation 11,900,000 14,500,000 4,295,000 0
El. Sec.-Cranston Career and Technical 400,000 0 0 0
El. Sec.-Davies School Asset Protection 384,500 250,000 271,500 150,000
El. Sec.-Met School HVAC 833,334 0 0 0
El. Sec.-Met School Asset Protection 100,000 100,000 100,000 100,000
El. Sec.-Warwick Career and Technical 500,000 652,996 0 0
El. Sec.-Woonsocket Career and
Technical 1,518,050 0 0 0
Higher Ed-Asset Protection-CCRI 2,138,305 2,184,100 2,232,100 2,278,974
Higher Ed-Asset Protection-RIC 2,963,548 3,080,400 3,357,700 3,458,431
Higher Ed-Asset Protection-URI 7,520,000 5,482,900 7,856,000 8,030,000
Higher Ed-CCRI Knight Campus
Renewal 2,000,000 2,000,000 5,000,000 11,000,000
Higher Ed-RIC Infrastructure
Modernization 3,000,000 3,000,000 3,000,000 3,500,000
Higher Ed-URI Fire Safety - Administration and
Academic 3,250,000 0 0 0
AG-Building Renovations and Repairs 150,000 150,000 150,000 150,000
DOC Asset Protection 3,000,000 4,020,000 3,000,000 3,000,000
Judiciary-Judicial Complexes
Asset Protection 675,000 700,000 725,000 800,000
Judiciary-Judicial Complexes HVAC 525,000 750,000 900,000 900,000
Mil Staff-Armory of Mounted
Commands 300,000 200,000 485,000 475,000
Mil Staff-Federal Armories - Fire Code
Compliance 20,250 3,750 3,750 0
Mil Staff-Logistics/Maintenance Facilities -
Fire Code Compliance 9,500 0 0 0
Mil Staff-Asset Protection 530,000 800,000 555,000 500,000
Mil Staff-State Armories - Fire Code
Compliance 20,250 10,000 10,000 0
DEM-Dam Repair 550,000 500,000 500,000 500,000
DEM-Fort Adams Rehabilitation 500,000 300,000 0 0
DEM-Galilee Piers 125,000 665,000 250,000 250,000
DEM-Natural Resources Offices/Visitor’s
Center 1,250,000 0 0 0
DEM-Newport Piers 250,000 0 0 0
DEM-Recreational Facilities
Improvements 2,750,000 2,850,000 2,250,000 1,500,000
DOT-Highway Projects Match Plan 21,650,000 23,200,000 23,200,000 23,200,000
DOT-Maintenance Facilities Asset
Protection 400,000 500,000 500,000 500,000
DOT-Salt Storage Facilities 1,500,000 1,500,000 1,500,000 1,500,000
SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. - Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project appropriations shall be reappropriated in the ensuing fiscal year and made available for the same purpose. However, any such reappropriations are subject to final approval by the General Assembly as part of the supplemental appropriations act. Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.
SECTION 13. For the Fiscal Year ending June 30, 2014, the Rhode Island Housing and Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the amount of funding provided to this program, as well as information on the number of units of housing provided as a result to the Director of Administration, the Chair of the Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance Committee and the State Budget Officer.
SECTION 14. Notwithstanding any public laws to the contrary, of the nine million nine hundred ninety two thousand eight hundred ninety dollars ($9,992,890) of bond premium proceeds deposited into the Rhode Island Capital Plan Fund in FY 2013, three million dollars ($3,000,000) shall be transferred to the general fund and six million nine hundred ninety two thousand eight hundred ninety dollars ($6,992,890) shall be transferred to the Municipal Road and Bridge Revolving Fund on or before August 1, 2013.
SECTION 15. Notwithstanding any general laws to the contrary, the State Controller shall transfer ten million dollars ($10,000,000) from the State General Fund to the Accelerated Depreciation Fund by June 30, 2014.
SECTION 16. Notwithstanding any general laws to the contrary, the Office of the Attorney General shall transfer eight hundred fifty thousand dollars ($850,000) from the mortgage fraud settlement to the State General Fund by July 31, 2013.
SECTION 17. This article shall take effect as of July 1, 2013.
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art.002/2/002/1
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ARTICLE 2 AS AMENDED
RELATING TO MEDICARE EXCHANGE PROGRAM FOR MEDICARE ELIGIBLE RETIREES
SECTION 1. Sections 36-12-1 and 36-12-4 of the General Laws in Chapter 36-12 entitled "Insurance Benefits" are hereby amended to read as follows:
36-12-1. Definitions. -- The following words, as used in sections 36-12-1 -- 36-12-14, shall have the following meanings:
(1) "Employer", means the state of Rhode Island.
(2) "Employee", means all persons who are classified employees as the term "classified employee" is defined under section 36-3-3, and all persons in the unclassified and non-classified service of the state; provided, however, that the following shall not be included as "employees" under sections 36-12-1 -- 36-12-14:
(i) Part-time personnel whose work week is less than twenty (20) hours a week and limited period and seasonal personnel;
(ii) Members of the general assembly, its clerks, doorkeepers, and pages.
(3) "Dependents" means an employee's spouse, domestic partner and unmarried children under nineteen (19) years of age. Domestic partners shall certify by affidavit to the benefits director of the division of personnel that the (i) partners are at least eighteen (18) years of age and are mentally competent to contract, (ii) partners are not married to anyone, (iii) partners are not related by blood to a degree which would prohibit marriage in the state of Rhode Island, (iv) partners reside together and have resided together for at least one year, (v) partners are financially interdependent as evidenced by at least two (2) of the following: (A) domestic partnership agreement or relationship contract; (B) joint mortgage or joint ownership of primary residence, (C) two (2) of: (I) joint ownership of motor vehicle; (II) joint checking account; (III) joint credit account; (IV) joint lease; and/or (D) the domestic partner has been designated as a beneficiary for the employee's will, retirement contract or life insurance. Misrepresentation of information in the affidavit will result in an obligation to repay the benefits received, and a civil fine not to exceed one thousand dollars ($1000) enforceable by the attorney general and payable to the general fund. The employee will notify the benefits director of the division of personnel by completion of a form prescribed by the benefits director when the domestic partnership ends.
(4) "Retired employee", means all persons retired from the active service of the state, who, immediately prior to retirement, were employees of the state as determined by the retirement board under section 36-8-1, and also all retired teachers who have elected to come under the employees' retirement system of the state of Rhode Island.
(5) "State retiree", means all persons retired from the active service of the state who, immediately prior to retirement, were employees of the state as determined by the retirement board under section 36-8-1.
(6) "Teacher retiree", means all retired teachers who have elected to come under the employees' retirement system of the state of Rhode Island.
(5)(7) "Long-term health care insurance",
means any insurance policy or rider advertised, marketed, offered, or designed
to provide coverage for not less than twelve (12) consecutive months for each
covered person on an expense incurred, indemnity, prepaid, or other basis for
one or more necessary or medically necessary diagnostic, preventive,
therapeutic, rehabilitative, maintenance, or personal care services, provided
in a setting other than an acute care unit of a hospital. The term includes:
group and individual policies or riders whether issued by insurers, fraternal
benefit societies, nonprofit health, hospital, and medical service
corporations; prepaid health plans, health maintenance organizations; or any
similar organization. Long-term health care insurance shall not include: any
insurance policy which is offered primarily to provide basic medicare
supplement coverage; basic hospital expense coverage; basic medical-surgical
expense coverage; hospital confinement indemnity coverage; major medical
expense coverage; disability income protection coverage; accident only
coverage; specified disease or specified accident coverage; or limited benefit
health coverage. This list of excluded coverages is illustrative and is not
intended to be all inclusive.
(6)(8) "Non-Medicare-eligible
retiree "Retiree health
care insurance", means the health benefit employees who retire from active
service of the state (subsequent to July 1, 1989), who immediately prior to
retirement were employees of the state as determined by the retirement board
pursuant to section 36-8-1, shall be entitled to receive,
until attaining Medicare eligibility. which This health care insurance
shall be equal to semi-private hospital care, surgical/medical care and major
medical with a one hundred seventy-five dollar ($175) calendar year deductible.
Employees who retire prior to age sixty-five (65)
shall, upon the attainment of Medicare eligibility, receive hospital care,
surgical/medical services, rights and benefits which, when taken together with
their federal Medicare program benefits (public law 89-97), 42 U.S.C. section
1305 et seq., shall be comparable to those provided for retirees prior to that
age. The aforementioned program will be provided on a shared basis
in accordance with section 36-12-4.
(9) "Medicare-eligible retiree health care insurance", means the health benefit employees who retire from active service of the state (subsequent to July 1, 1989), who immediately prior to retirement were employees of the state as determined by the retirement board pursuant to section 36-8-1, shall have access to when eligible for Medicare. This health care insurance shall include plans providing hospital care, surgical/medical services, rights and benefits which, when taken together with their federal Medicare program benefits, 42 U.S.C. section 1305 et seq., shall be comparable to those provided for retirees prior to the attainment of Medicare eligibility.
(10) "Health reimbursement arrangement", or "HRA" means an account that:
(i) Is paid for and funded solely by state contributions;
(ii) Reimburses a Medicare-eligible state retiree for medical care expenses as defined in section 213(d) of the Internal Revenue Code of 1986, as amended, which includes reimbursements for health care insurance premiums;
(iii) Provides reimbursements up to a maximum dollar amount for a coverage period; and
(iv) Provides that any unused portion of the maximum dollar amount at the end of a coverage period is carried forward to increase the maximum reimbursement amount in subsequent coverage periods.
36-12-4. Coverage of retired employees
Coverage of Non-Medicare-eligible retired employees. -- (a) Non-Medicare-eligible retired Retired employees who retire
retired on or before September 30, 2008.
- Any retired employee who retired on or before September 30, 2008 shall be
entitled, until attaining Medicare eligibility,
to be covered under sections 36-12-1 -- 36-12-5 for himself and herself and, if
he or she so desires, his or her non-Medicare-eligible
dependents, upon agreeing to pay the total cost of his or her contract at the
group rate for active state employees. Payments of any non-Medicare-eligible retired employee for
coverage shall be deducted from his or her retirement allowance and remitted
from time to time in payment for such contract. In addition, any retired
employee who retired on or before September 30, 2008 shall be permitted to
purchase coverage for his or her non-Medicare-eligible
dependents upon agreeing to pay the additional cost of the contract at the
group rate for active state employees. Payment for coverage for these dependents shall be deducted from his or
her retirement allowances and remitted as required in payment for the contract.
(b) Non-Medicare-eligible State state employees retirees
who retire retired
subsequent to July 1, 1989, and on or before September 30, 2008. Non-Medicare-eligible state retirees State employees who retire
retired subsequent to July 1, 1989, and
on or before September 30, 2008, from active service of the state, and who were
employees of the state as determined by the retirement board under
section36-8-1, shall be entitled to receive for himself or herself non-Medicare-eligible a retiree health care
insurance benefit as described in section36-12-1 in accordance with the
following formula:
Years of Age State's Employee's
Service at Retirement Share Share
10-15 60 50% 50%
16-22 60 70% 30%
23-27 60 80% 20%
28+ -- 90% 10%
28+ 60 100% 0%
35+ any 100% 0%
If the retired employee is receiving a subsidy on September 30, 2008, the state will continue to pay the same subsidy share until the retiree attains age sixty-five (65).
Until December 31, 2013, when
When the state
retiree reaches that age which will qualify him or her for Medicare supplement, the formula shall be:
Years of Service State's Contribution Employees' Share
10 – 15 50% 50%
16 – 19 70% 30%
20 – 27 90% 10%
28+ 100% 0%
(c) Non-Medicare-eligible retired
Retired employees who retire on or after
October 1, 2008. Any retired employee who retires on or after October 1, 2008
shall be entitled, until attaining Medicare
eligibility, to be covered under sections 36-12-1 – 36-12-5 for
himself and herself and, if he or she so desires, his or her non-Medicare-eligible dependents, upon agreeing
to pay the total cost of the contract in the plan in which he or she enrolls.
Payments of any non-Medicare-eligible
retired employee for coverage shall be deducted from his or her retirement
allowance and remitted from time to time in payment for such contract. Any retired
employee who retires on or after October 1, 2008, shall be permitted to
purchase coverage for his or her non-Medicare-eligible
dependents upon agreeing to pay the additional cost of the contract at the
group rate for the plan in which the dependent is enrolled. Payment for
coverage for these dependents shall be
deducted from the retired employee's retirement allowances and remitted as
required in payment for the contract. The Director of Administration shall
develop and present to the chairpersons of the House Finance Committee and the
Senate Finance Committee by May 23, 2008 a retiree health plan option or
options to be offered to retirees eligible for state-sponsored medical coverage
who are under age sixty-five (65) or are not eligible for Medicare. This plan
will have a reduced benefit level and will have an actuarially based premium
cost not greater than the premium cost of the plan offered to the active state
employee population. This new plan option will be available to employees
retiring after September 30, 2008, and their non-Medicare-eligible
dependents.
(d) Non-Medicare-eligible State state employees retirees
who retire on or after October 1, 2008. Employees Non-Medicare-eligible state retirees who retire
on or after October 1, 2008 from active service of the state, and who were
employees of the state as determined by the retirement board under section
36-8-1, and who have a minimum of twenty (20) years of service, and who are a
minimum of fifty-nine (59) years of age, shall be entitled to receive for
himself or herself a non-Medicare-eligible
retiree health care insurance benefit as described in section 36-12-1. The State state
will subsidize 80% of the cost of the health insurance plan for individual
coverage in which the retired state employee retiree
is enrolled in. Payments of any retired employee
for coverage shall be deducted from his or her retirement allowance and
remitted from time to time in payment for such contract.
(e) Medicare-eligible state retirees who retire on or after October 1, 2008. Until December 31, 2013, the state shall subsidize eighty percent (80%) of the cost of the Medicare-eligible health insurance plan for individual coverage in which the state retiree is enrolled, provided the employee retired on or after October 1, 2008; has a minimum of twenty (20) years of service; and is a minimum of fifty-nine (59) years of age. Payments for coverage shall be deducted from his or her retirement allowance and remitted from time to time in payment for such health insurance plan.
(e)(f) Retired employees, including retired
teachers, who are non-Medicare-eligible and who reach the age of sixty-five
(65) shall be allowed to continue to purchase group health care insurance
benefits in the same manner as those provided to retired employees who have not
reached the age of sixty-five (65).
SECTION 2. Chapter 36-12 of the General Laws entitled "Insurance Benefits" is hereby amended by adding thereto the following section:
36-12-4.1. Coverage of Medicare-eligible retired employees. -- (a) The director of the department of administration shall ensure retired employees access to Medicare-eligible retiree health care insurance. Under this program, the state will establish a health reimbursement account (HRA) funded by state contributions for each Medicare-eligible state retiree who elects to receive health care insurance through the state-sponsored program.
(b) The funds contained in the HRA may be utilized for any eligible medical care expenses as defined in section 213(d) of the Internal Revenue Code of 1986, as amended, which includes reimbursements for health care insurance premiums.
(c) The director of the department of administration shall procure services to maximize consumer choice and options with respect to the individual policies available to Medicare-eligible retirees.
(d) The maximum state contribution to each Medicare-eligible state retiree's HRA account will be equal to the lowest-cost Medicare supplemental plan that is filed with the Office of the Health Insurance Commissioner of Rhode Island, that is available through the state-sponsored program, and that meets the provisions of the Medicare-eligible retiree health care insurance benefit defined in section 36-12-1(9). The maximum state contribution will vary by age as specified by the rates set forth in the Medicare supplemental plan filing.
(e) For Medicare-eligible state retirees who retired before September 30, 2008, effective January 1, 2014, the state of Rhode Island will credit an amount to each retiree's HRA account on a monthly basis. The amount of such credit shall be calculated based on the retiree's years of service, as a percentage of the maximum state contribution set forth in (d) above, and in accordance with the following formula:
Years of Service State's Contribution Employees Share
10 – 15 50% 50%
16 – 19 70% 30%
20 – 27 90% 10%
28+ 100% 0%
(f) For Medicare-eligible state retirees who retire on or after October 1, 2008, effective January 1, 2014, the state of Rhode Island will credit monthly an amount to each retiree's HRA account equal to 80% of the maximum state contribution set forth in (d) above, provided the retiree has a minimum of twenty (20) years of service and is at least fifty-nine (59) years of age.
(g) Medicare-eligible teacher retirees may purchase the individual policies available to Medicare-eligible state retirees under the state-sponsored program.
SECTION 3. This article shall take effect as of July 1, 2013.
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art.003/2/003/1
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ARTICLE 3
RELATING TO HEALTH INSURANCE BENEFITS
SECTION 1. Chapter 36-12 of the General Law entitled "Insurance Benefits" is hereby amended by adding thereto the following section:
36-12-2.5. Health insurance benefits – Coverage of former spouse. -- Commencing January 1, 2014, a state employee's family health plan shall not provide coverage to a former spouse unless the former spouse was covered by said plan in accordance with section 27-20.4-1 as of December 31, 2013.
SECTION 2. This article shall take effect upon passage.
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art.004/3/004/2/004/1
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ARTICLE 4
RELATING TO FICA ALTERNATE RETIREMENT PLAN
SECTION 1. Section 36-7-2 of the General Laws in Chapter 36-7 entitled "Federal Old-Age and Survivors' Insurance" is hereby amended to read as follows:
36-7-2. Definitions. -- For the purposes of sections 36-7-1 – 36-7-31, 36-7-33.1, and 36-7-35, the following terms shall have the meanings indicated unless different meanings are clearly expressed or required by the context:
(1) "Agency of the state" shall mean:
(i) All departments, divisions, agencies, and instrumentalities of the state which are not juristic entities, legally separate and distinct from the state;
(ii) Civilian employees of the Rhode Island national guard; or
(iii) Any instrumentality of the state such as fire districts, water districts, water authorities, sewer commissions and authorities, housing authorities, or other instrumentality of the state which are a juristic entity and legally separate and distinct from the state and if the employees of the instrumentality are not by virtue of their relation to juristic entity employees of the state. Without limiting the generality of the foregoing, examples of those agencies would be the Kent County water authority, the Providence housing authority, the Blackstone Valley sewer district commission, and other like instrumentalities of the state.
(2) "City or town" shall mean:
(i) Any city or town of the state of Rhode Island, inclusive of any department, division, agency, board, commission, or bureau thereof;
(ii) Any instrumentality of a city or town which is a juristic entity and legally separate and distinct from the city or town and if its employees are not by virtue of their relation to the juristic entity employees of the city or town; or
(iii) Any instrumentality of two or more citizens and/or towns which is a juristic entity as provided in subdivision (ii) hereof.
(3) "IRC" shall mean the Internal Revenue Code of 1986, as amended.
(3)(4) "Coverage group" shall mean:
(i) All employees of the state other than those engaged in performing service in connection with a proprietary function;
(ii) All employees of a city or town other than those engaged in performing service in connection with a single proprietary function;
(iii) All employees of the state engaged in performing service in connection with a single proprietary function;
(iv) All employees of an agency of the state;
(v) All employees of a city or town of the state engaged in performing service in connection with a single proprietary function. If under the preceding sentence an employee would be included in more than one coverage group by reason of the fact that he or she performs service in connection with two (2) or more proprietary functions or in connection with both a proprietary function and a nonproprietary function, he or she shall be included in only one coverage group. The determination of the coverage group in which the employee shall be included shall be made in such manner as may be specified in the agreement. Members of retirement systems shall constitute separate coverage groups as provided in section 36-7-10.
(4)(5) "Employee" shall mean any officer
or employee of any city, town, or agency of the state receiving salaries or
wages for employment.
(5)(6) "Employment" shall mean any service
performed by an employee for wages as a member of a coverage group as herein
defined, including service of an emergency nature, service in any class or
classes of elective positions and service in part-time positions, but excluding
the following:
(i) Service in a position the compensation for which is on a fee basis;
(ii) Service performed by election officials or election workers for calendar year 2003 in which the remuneration paid for that service is less than one thousand two hundred fifty dollars ($1,250), and for each calendar year after 2003 in which the remuneration paid is less than the adjusted amount in accordance with section 218(c)(8)(B) of the Social Security Act;
(iii) Service which under the federal Social Security Act may not be included in an agreement between the state and the secretary entered into under this chapter;
(iv) Service which, in the absence of an agreement entered into under sections 36-7-1 – 36-7-31, would constitute "employment" as defined in the federal Social Security Act. Service which under the federal Social Security Act may be included in an agreement only upon certification by the governor in accordance with section 218(d)(3) of the federal Social Security Act, 42 U.S.C. section 418(d)(3), shall be included in the term "employment" if and when the governor issues, with respect to that service, a certificate to the secretary, pursuant to section 36-7-19.
(B) Notwithstanding any of the foregoing, if pursuant to section 141 of P.L. 92-603, 42 U.S.C. section 418, the state agreement with the federal government referred to in section 36-7-3 is modified appropriately at any time prior to January 1, 1974, the term "employment" with respect to any coverage group specified in the modification shall, effective after the effective date specified in the modification, include services in designated part-time positions but not services performed in the employ of a school, college, or university by a student who is enrolled and regularly attending classes at that school, college, or university.
(7) "FARP" shall mean the FICA Alternative Retirement Income Security Program as described in section 36-7-33.1.
(8) "FARP-eligible employee" shall mean any part-time, seasonal, or temporary employee of the state of Rhode Island who is ineligible for participation in the Employees' Retirement System of Rhode Island.
(9) "FARP part-time employee" shall mean an employee of the state of Rhode Island who works twenty (20) hours or less per week, in accordance with IRC standards.
(6)(10) "Federal Insurance Contributions
Act" or "FICA" shall mean
subchapter A of chapter 9 of the federal Internal Revenue Code of 1939,
subchapters A and B of chapter 21 of the federal Internal Revenue Code of 1954,
and subchapters A and B of chapter 21 of the federal Internal Revenue Code of
1986 as those codes have been and may from time to time be amended; and the
term "employee tax" shall mean the tax imposed by section 1400 of the
code of 1939, section 3101 of the code of 1954, and section 3101 of the code of
1986.
(7)(11) "Federal Social Security Act", 42
U.S.C. section 301 et seq., shall mean the act of congress approved August 14,
1935, officially cited as the "Social Security Act", including any
amendments thereto, and any regulations, directives, or requirements
interpretative or implementive thereof.
(8)(12) "Part-time employment" shall mean
any employment by those who work on a regularly scheduled basis regardless of
hours.
(9)(13) "Retirement board" shall mean the
retirement board as provided in chapter 8 of this title.
(10)(14) "Secretary", except when used in
the title "secretary of the treasury", shall mean the secretary of
health and human services and any individual to whom the secretary of health
and human services has delegated any of his or her functions under the federal
Social Security Act, 42 U.S.C. section 301 et seq., with respect to coverage
under that act of employees of states and their political subdivisions.
(11)(15) "Sick pay" shall mean the amount
of any payment (including any amount paid by an employer for insurance or
annuities, or into a fund to provide for any sick pay) made to, or on behalf
of, an employee or any of his or her dependents under a plan or system
established by an employer which makes provision for his employees generally
(or for his or her employees generally and their dependents) or for a class or
classes of his employees (or for a class or classes of his employees and their
dependents), on account of sickness or accident disability.
(12)(16) "State" shall mean the state of Rhode Island.
(13)(17) "Wages" or "salaries"
shall mean all compensation received by an employee for employment as defined
herein, including the cash value of all remuneration received by an employee in
any medium other than cash, except that this term shall not include that part
of the remuneration which, even if it were for "employment" within
the meaning of the Federal Insurance Contributions Act, 26 U.S.C. section 3101
et seq., would not constitute "wages" within the meaning of that act.
SECTION 2. Chapter 36-7 of the General Laws entitled "Federal Old-Age and Survivors' Insurance" is hereby amended by adding thereto the following section:
36-7-33.1. FICA Alternative Retirement Income Security Program. -- (a) For FARP eligible employees, the state shall establish the FICA Alternative Retirement Income Security Program. The FARP shall be administered in accordance with the following provisions:
(1) IRC compliance. The FARP shall be administered as a defined contribution plan under section 401(a) of the IRC, and shall provide retirement benefits as required under section 3121(b)(7)(F) of the IRC.
(2) Employee participation in the FARP - One-Time Opt-Out Exception. With the one exception described in (b) below, FARP-eligible employee participation in the FARP shall be mandatory. Each participant shall make mandatory payroll deduction contributions to the FARP equal to a minimum of seven and five tenths percent (7.5%) of the employee's gross wages for each pay period. Any payroll deduction contributions made pursuant to the FARP shall not be included in the computation of federal income taxes withheld on behalf of any participant. Once implemented, the participants, and the state on behalf of the participants, shall not continue to make FICA contributions. The FARP shall be administered by the financial institution currently administering the 401(a) plan for the state employee retirement plan, as described in Title 36 Chapter 10.3.
(b) An otherwise FARP-eligible employee, who is employed by the state at the time this section takes effect, may opt to not participate in the FARP. An employee who opts to not participate in the FARP will continue to make FICA contributions and the state shall continue to make FICA contributions on behalf of the employee. An employee who opts to not participate in the FARP may subsequently, without penalty, choose to participate in the FARP; provided, however, such employee must continue to participate in the FARP for as long as he or she is a FARP-eligible employee.
(c) Review by state investment commission. The state investment commission shall, from time to time, review and evaluate the reasonableness of the selected financial institution's fees and the performance of the selected financial institution's funds.
SECTION 3. This article shall take effect as of July 1, 2013.
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LC00567/21
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ARTICLE 5 AS AMENDED
ARTICLE________
RELATING TO HIGHWAYS
SECTION 1. Section 24-12-40.F of the General Laws in Chapter 24-12 entitled "Rhode Island Turnpike and Bridge Authority" is hereby amended to read as follows:
24-12-40.F. Title to Sakonnet River Bridge vested in Rhode Island turnpike and
bridge authority -- Institution of tolls. -- All powers, control, and
jurisdiction of and title to the Sakonnet River Bridge is authorized to be
transferred to the Rhode Island turnpike and bridge authority. The Beginning February
1, 2014, the authority may charge and collect tolls for the use of
the Sakonnet River Bridge to provide funds sufficient with any other monies
available therefor for paying the costs of acquiring, leasing, maintaining,
repairing and operating, the Jamestown Verrazzano Bridge, the Mount Hope
Bridge, the Newport Bridge, and the Sakonnet River Bridge, the turnpike and
additional facilities. Until February 1, 2014, the
Authority shall not charge and collect tolls in excess of those in place on the
Newport Bridge on June 1, 2013. Should any part of this section contravene or
be inconsistent with any term or provision of the general laws, the provisions
of this section shall control.
SECTION 2. Commission Established - There is hereby established a Special Legislative Commission to Study the Funding for East Bay Bridges.
(a) That a special legislative commission shall consist of nine (9) members as follows: Three (3) of whom shall be members of the house, one of whom shall be the chairperson of the house finance committee, and not more than two (2) from the same political party, to be appointed by the speaker of the house; Three (3) of whom shall be members of the senate, one of whom shall be the chairperson of the senate finance committee, and not more than two (2) from the same political party, to be appointed by the president of the senate; One of whom shall be the director of transportation, or designee; One of whom shall be the director of the Rhode Island turnpike and bridge authority, or designee; and One of whom shall be the director of the department of administration, or designee. The chairpersons of the respective house finance committee and senate finance committee shall serve as co-chairpersons of this special legislative commission.
(b) The purpose of said commission shall be to make a comprehensive study of all types of equitable and reliable funding mechanisms and/or strategies to support the East Bay Infrastructure (EBI) fund, as set forth in R.I.G.L. section 24-17-3, including, but not limited to, the use of the Sakonnet River Bridge, in order to provide the necessary funding for capital transportation projects, preventative maintenance projects, and for the purposes set forth in section 24-12-40.F.
(c) The commission shall report its findings and results to the
General Assembly on or before January 15, 2014
December 1, 2013.
(d) The commission shall expire on June 4, 2014.
SECTION 3. This article shall take effect upon passage.
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ARTICLE 6
RELATING TO DIVISION OF MOTOR VEHICLES
SECTION 1. Sections 31-3-33 of the General Laws in Chapter 31-3 entitled "Registration of Vehicles" is hereby amended to read as follows:
31-3-33. Renewal of registration. -- (a) Application for renewal of a vehicle registration shall be made by the owner on a proper application form and by payment of the registration fee for the vehicle as provided by law.
(b) The division of motor vehicles may receive applications for renewal of registration, and may grant the renewal and issue new registration cards and plates at any time prior to expiration of registration.
(c) Upon renewal, owners will be issued a renewal sticker for each
registration plate which shall be placed at the bottom right hand corner of the
plate. Owners shall be issued a new fully reflective plate beginning September
1, 2013 2015
at the time of initial registration or at the renewal of an existing
registration and reissuance will be conducted no less than every ten
(10) years.
SECTION 2. Section 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled "Transportation Investment and Debt Reduction Act of 2011" is hereby amended to read as follows:
39-18.1-4. Rhode Island highway maintenance trust fund account
created Rhode Island highway maintenance account created. --
(a) There is hereby created a special account in the general fund intermodal
surface transportation fund as established in section 31-36-20 that is
to be known as the Rhode Island Highway Maintenance
Trust Fund highway maintenance account.
(b) The fund shall consist of all those moneys which the state may from time to time direct to the fund, including, not necessarily limited to, moneys derived from the following sources:
(1) There is imposed a surcharge of thirty dollars ($30.00) per passenger car and light truck vehicle or truck, other than those with specific
registrations set forth below in subsection (b)(1)(i). Such surcharge shall
be paid by each car and light truck vehicle or truck owner in order to register that
owner's vehicle, or truck and upon each subsequent biennial
registration. This surcharge shall be phased in at the rate of ten dollars
($10.00) each year. The total surcharge will be ten dollars ($10.00) from July
1, 2013 through June 30, 2014, twenty dollars ($20.00) from July 1, 2014
through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015 through
June 30, 2016 and each year thereafter.
(i) For owners of vehicles or trucks with the following plate types, the surcharge shall be as set forth below and shall be paid in full in order to register the vehicle or truck and upon each subsequent renewal:
Plate Type Surcharge
Antique $5.00
Farm $10.00
Motorcycle $13.00
(ii) For owners of trailers, the surcharge
shall be one-half (1/2) of the biennial registration amount and shall be paid
in full in order to register the trailer and upon each subsequent renewal. (2)
There is imposed a surcharge of fifteen dollars ($15.00) per car and truck, vehicle
or truck, other than those with specific registrations set forth in subsection
(b)(2)(i) below, for those cars and
trucks vehicles or trucks
subject to annual registration, to be paid annually by each car and truck vehicle
or truck owner in order to register that owner's vehicle, trailer or
truck and upon each subsequent annual registration. This surcharge will be
phased in at the rate of five dollars ($5.00) each year. The total surcharge
will be five dollars ($5.00) from July 1, 2013 through June 30, 2014, ten dollars
($10.00) from July 1, 2014 through June 30, 2015, and fifteen dollars ($15.00)
from July 1, 2015 through June 30, 2016 and each year thereafter.
(i) For registrations of the following plate types, the surcharge shall be as set forth below and shall be paid in full in order to register the plate, and upon each subsequent renewal:
Plate Type Surcharge
Boat Dealer $6.25
Cycle Dealer $6.25
In-transit $5.00
Manufacturer $5.00
New Car Dealer $5.00
Used Car Dealer $5.00
Racer Tow $5.00
Transporter $5.00
Bailee $5.00
(ii) For owners of trailers, the surcharge shall be one-half (1/2) of the annual registration amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.
(iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five cents ($6.25) from July 1, 2013 through June 30, 2014 and twelve dollars and fifty cents ($12.50) from July 1, 2014 through June 30, 2015 and each year thereafter.
(3) There is imposed a surcharge of thirty dollars ($30.00) per operator's license to
operate a motor vehicle to be paid every five (5) years by each
licensed operator of a motor vehicles.
This surcharge will be phased in at the rate of ten dollars ($10.00) each year.
The total surcharge will be ten dollars ($10.00) from July 1, 2013 through June
30, 2014, twenty dollars ($20.00) from July 1, 2014 through June 30, 2015, and
thirty dollars ($30.00) from July 1, 2015 through June 30, 2016 and each year
thereafter. In the event that a license is issued
or renewed for a period of less than five (5) years, the surcharge will be
prorated according to the period of time the license will be valid.
(c) All funds collected pursuant to this section shall be
deposited in the Rhode Island highway
maintenance fund account and shall be used only for the purposes
set forth in this chapter.
(d) Unexpended balances and any earnings thereon shall not revert
to the general fund but shall remain in the Rhode
Island highway maintenance fund
account. There shall be no requirement
that monies received into the Rhode Island
highway maintenance fund account during any given calendar year or fiscal
year be expended during the same calendar year or fiscal year.
(e) The Rhode Island
highway maintenance fund account shall be administered by the director,
who shall allocate and spend monies from the fund only in accordance with the
purposes and procedures set forth in this chapter.
SECTION 3. This article shall take effect upon passage.
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art.007/2/018/1
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ARTICLE 7
RELATING TO RHODE ISLAND PUBLIC TELECOMMUNICATIONS AUTHORITY
SECTION 1. Chapter 16-61 of the General Laws entitled "Public Telecommunications Authority" is hereby repealed in its entirety:
16-61-1. Definitions. -- For the purposes of this chapter, unless
indicated by the context, the following words and terms shall have the
following meanings:
(1) "Advisory
commission" means the Rhode Island advisory commission on public
telecommunications.
(2)
"Authority" means the Rhode Island public telecommunications
authority.
(3)
"Commission" means the Rhode Island advisory commission on public
telecommunications.
(4) "Fiscal
year" shall coincide with that period utilized by the state, i.e. from
July 1 to the next succeeding June 30.
(5) "Public
broadcasting" includes all aspects of noncommercial radio and television,
open and closed circuit, including the production and dissemination of public
and community affairs, civil defense, educational, cultural, and instructional
information to the public at large within the state.
(6) "Public
broadcasting telecommunications" includes all public broadcasting services
relating to public broadcasting including intercommunications, closed circuit
instructional television fixed service (ITFS), and other services requiring
federal communications commission spectrum allocations for transmission of
electrical impulses that specifically and integrally relate to Rhode Island
public broadcasting. Facilities typical for application of these services would
encompass microwave interconnection, aural and video TV transmission,
multiplexing, laser beam utilization, satellite interconnection systems, cable
systems, and other appropriate technological devices.
16-61-2. Authority established. -- (a) There is created a public
telecommunications authority, sometimes referred to as the
"authority", which shall be and is constituted a public corporation,
empowered to sue and be sued in its own name, to have a corporate seal, and to
exercise all the powers, in addition to those specifically enumerated in this
chapter, usually appertaining to public corporations entrusted with control of
public telecommunications property and functions. The authority shall exercise
the authority previously vested in the board of regents for education with
relation to educational television. The authority shall be protected from
sudden changes in membership and reversal of policy by having staggered terms for
its public members. Upon its organization the authority shall be invested with
the legal title (in trust for the state) to all licenses and property, real and
personal, now owned by and/or under the control or in custody of the board of
regents for education for the use of publicly owned educational television.
(b) The authority is
empowered to hold and operate that property in trust for the state, and to
acquire, hold, and dispose of that property and other like property as deemed
necessary for the execution of its corporate purposes. The authority is made
successor to all powers, rights, duties, and privileges formerly belonging to
the board of regents for education pertaining to publicly owned educational
television.
16-61-3. Membership of authority. -- (a) The authority shall consist of nine (9)
members as follows: seven (7) public members appointed pursuant to the terms of
§ 16-61-4, the chairperson of the board of regents for elementary and secondary
education or his or her designee who shall serve as a non-voting ex-officio
member, and the chairperson of the board of governors for higher education or
his or her designee who shall serve as a non-voting ex-officio member. The
governor shall designate one of the public members as chairperson of the authority.
(b) Four (4) voting
members of the committee shall constitute a quorum. A majority vote of those
present and voting shall be required for action.
(c) No one shall be
eligible for appointment unless he or she is a resident of this state.
16-61-4. Appointment of public members – Renewal. -- (a) The governor shall with the advice and
consent of the senate establish the authority by appointing seven (7) members
to serve staggered terms. The appointments shall be made for terms of three (3)
years commencing on February lst in the year of appointment and ending on
January 31st in the third (3rd) year after this. Any vacancy among the public
members of the authority shall be filled by appointment of the governor,
subject to the advice and consent of the senate, for the remainder of the
unexpired term. In the selection and appointment of members of the authority,
the governor shall seek persons who best serve the entire needs of the state.
Public members shall not be appointed for more than two (2) successive three
(3) year terms each; provided, that this limitation shall not apply to that
person designated as chairperson by the governor who may be a member so long as
he or she shall serve as chairperson. The authority may elect from among its
members such other officers as they deem necessary.
(b) Members of the
board shall be removable by the governor pursuant to the provisions of § 36-1-7
of the general laws and for cause only, and removal solely for partisan or
personal reasons unrelated to capacity or fitness for the office shall be
unlawful.
16-61-5. Removal of public members. -- Public members of the authority shall be
removable by the governor for cause only, and removal solely for partisan or
personal reasons unrelated to capacity or fitness for the office shall be
unlawful. No removal shall be made for any cause except after ten (10) days'
notice in writing of specific charges, with opportunity for the member to be
present in person and with counsel at a public hearing before the governor, to
introduce witnesses and documentary evidence in his or her own defense, and to
confront and cross-examine adversary witnesses; and appeal shall lie to the
superior court from the governor's determination.
16-61-6. Powers and duties of authority. -- (a) The authority shall be empowered to:
(1) Adopt and amend
and repeal suitable bylaws for the management of its affairs;
(2) Adopt and use the
official seal and alter it at its pleasure;
(3) Maintain an office
at any place or places within the state that it may designate;
(4) Establish, own,
and operate noncommercial educational television or radio broadcasting
stations, one or more public broadcasting and public broadcasting
telecommunications networks or systems, and interconnection and program
production facilities;
(5) Apply for,
receive, and hold any authorizations and licenses and assignments and
reassignments of channels from the federal communications commission (FCC) as
may be necessary to conduct its operations; and prepare and file and prosecute
before the FCC all applications, reports, or other documents or requests for
authorization of any type necessary or appropriate to achieve the authorized
purposes of the authority;
(6) Provide
coordination and information on matters relating to public broadcasting
telecommunications among the agencies of the state government, all facets of
Rhode Island public education and individual associations, and institutions
working in these fields both within and without the state;
(7) Establish state
wide equipment compatibility policies and determine the method of
interconnection to be employed within the state's public broadcasting system;
(8) Assume
responsibility for establishing broad programming philosophy which will
encourage diversity, quality, and excellence of programming which is released
via its facilities. The general manager shall be responsible for implementing
programming policy in accordance with the rules and regulations of the federal
communications commission;
(9) Provide
appropriate advisory assistance to other agencies of the state and local and
regional groups regarding public broadcasting techniques, planning, budgeting,
and related issues;
(10) Make to the
governor and the legislature any recommendations that the authority deems
necessary with regard to appropriations relating to public broadcasting and
public broadcasting telecommunications equipment and facilities;
(11) Subject to the
approval of the governor, receive and administer gifts, contributions, and
funds from public and private sources to be expended for public broadcasting
and public broadcasting telecommunications operations, facilities, and
programming consistent with furthering the purposes of the authority;
(12) Cooperate with
federal agencies for the purpose of obtaining matching and other federal funds
and providing public broadcasting and public broadcasting telecommunications
facilities throughout the state and to make any reports that may be required of
the state. The authority shall provide appropriate advisory assistance to local
school districts and others on these matters;
(13) Contract with
program production organizations, individuals, and noncommercial educational
television and radio stations within and without the state to produce or to
procure educational television or radio programs for use by noncommercial
stations within the state;
(14) Establish and
maintain a library and archives of educational television and radio programs
and related materials, disseminate information about those programs and make
suitable arrangements for the use of the programs and materials by colleges,
universities, schools, and noncommercial television and radio stations;
(15) Conduct
explorations, research, demonstrations, or training in matters related to
public broadcasting and public broadcasting telecommunications in the state,
directly or through contracts with appropriate agencies, organizations, or
individuals, or by grants to nonprofit, noncommercial organizations such as
colleges, universities, schools, and noncommercial television and radio
stations;
(16) Acquire, subject
to the provisions of the general laws, through lease, purchase, or other means,
real and other property and to hold and use this property for public
broadcasting and public broadcasting telecommunications purposes;
(17) Contract, subject
to the provisions of the general laws, for the construction, repair,
maintenance, and operations of public broadcasting and public broadcasting
telecommunications facilities including program production center, stations,
and interconnection facilities;
(18) Make
arrangements, where appropriate, with companies or other agencies and
institutions operating suitable interconnection facilities (e.g., landlines or
satellites);
(19) Be empowered to
set and collect reasonable fees for services provided through contracts with
agencies, companies, organizations, and individuals;
(20) Make reasonable
rules and regulations to carry out the provisions of this chapter.
(21) Manage and
operate public, education and government (PEG) access studios in compliance
with rules promulgated by the division of public utilities and carriers.
(22) To conduct a
training course for newly appointed and qualified members within six (6) months
of their qualification or designation. The course shall be developed by the
chair of the authority, approved by the authority, and conducted by the chair
of the authority. The authority may approve the use of any authority or staff
members or other individuals to assist with training. The training course shall
include instruction in the following areas: the provisions of chapters 42-46,
36-14, and 38-2; and the committee's rules and regulations. The director of the
department of administration shall, within ninety (90) days of the effective
date of this act [March 29, 2006], prepare and disseminate training materials
relating to the provisions of chapters 42-46, 36-14, and 38-2.
(b) In carrying out
its powers and duties under this section, the authority shall be empowered to
enter into contracts or agreements with any nonprofit entity for the operations
in whole or in part of the public telecommunications functions assigned to it
by this chapter.
16-61-6.2. Acquisition of public education and government television
studios and equipment. -- (a) No later than December 31, 2006, the division of public
utilities and carriers (the Division) shall promulgate rules to allow the
transition of management of PEG access television including responsibility for
programming the three (3) statewide interconnect channels, and managing
interconnect playback in conjunction with its management of PEG playback, from
current cable television certificate holders to the Rhode Island public
telecommunications authority or its designee.
(b) Existing
certificate holders may transfer to the Rhode Island public telecommunications
authority or its designee the ownership of PEG access studio and playback
equipment, and statewide interconnect playback equipment, currently in existing
public access studios and playback facilities.
(c) The Rhode Island public telecommunications authority or its designee may purchase this
equipment from existing certificate holders for the book value of the equipment
based on the effective date of the transition.
(d) The Rhode Island public telecommunications authority or its designee may assume the leases for
public access studios in those facilities where existing certificate holders
currently lease space. Studios in buildings owned by existing certificate
holders shall be leased by the Rhode Island public telecommunications authority
or its designee at fair market value subject to the approval of the division.
Employees of existing certificate holders working in public access facilities
shall become employees of the Rhode Island public telecommunications authority
or its designee on the effective date of the transition.
(e) An existing cable
television certificate holder may, at its sole discretion, elect to continue to
manage PEG access studios within its service area. If an existing cable
television certificate holder does elect to continue to operate and manage PEG
access studios, it may at any time subsequently elect not to operate PEG access
studios and implement the provisions of this section.
16-61-7. General manager. -- The authority may appoint and determine the
compensation of a general manager. The general manager shall devote his or her
entire time to the performance of his or her duties and shall hold office at
the pleasure of the authority.
16-61-8. Duties of the general manager. – The general manager shall have any duties
that are defined in this section and in this title and any other additional
duties that may be determined by the authority, and shall perform any other
duties that may be vested in the general manager by law. In addition to the
general supervision of public telecommunications, it shall be the duty of the
general manager to:
(1) Serve as secretary
of the authority and maintain custody of its official seal.
(2) Subject to the
approval of the authority, appoint any assistants and employees as the
authority shall deem necessary, and prescribe their powers and duties.
(3) Present annually
to the authority for their approval or modification a budget encompassing both
operating and capital development areas.
(4) Assist the
authority in preparing and maintaining a master plan for public
telecommunications in the state.
16-61-8.1. Longevity payments – Nonclassified employees. -- (a) Non-classified employees of the Rhode
Island public telecommunications authority, except for non-classified employees
already receiving longevity increases, shall be entitled to a longevity payment
in the amount of five percent (5%) of base salary after ten (10) years of
service and increasing in a total of ten percent (10%) of base salary after
twenty (20) years of service. The provisions of this section shall apply only
to employees under the grade of nineteen (19). The longevity payments shall not
be included in base salary.
(b) The
telecommunications authority is authorized to promulgate regulations implementing
the provisions of this section.
(c) Beginning on July
1, 2011, notwithstanding any rule, regulation, or provision of the public laws
or general laws to the contrary, there shall be no further longevity increases
for employees of the Rhode Island public telecommunications authority;
provided, however, for employees with longevity provisions pursuant to a
collective bargaining agreement in effect on June 1, 2011, longevity increases
shall cease beginning on July 1, 2011 or beginning upon the expiration of the
applicable collective bargaining agreement, whichever occurs later. To the
extent an employee has previously accrued longevity payments, the amount of the
longevity payment earned by the employee for the last pay period in June, 2011
shall be added to the employee's base salary as of June 30, 2011, or in the
case of an employee with longevity provisions pursuant to a collective
bargaining agreement in effect on June 1, 2011, the amount of the longevity
payment earned by the employee for the latter of the last pay period in June or
the last pay period prior to the expiration of the applicable collective
bargaining agreement shall be added to the employee's base salary as of June
30, 2011 or upon the expiration of the applicable collective bargaining agreement,
whichever occurs later.
16-61-9. Meaning of terms in existing law. -- When in any law, resolution, document,
record, instrument, proceeding or other place the words "board of
education," "state board of education," or "board of
regents for education" as they shall apply to educational television shall
appear, they shall be construed to mean the Rhode Island public
telecommunications authority.
16-61-10. Encumbering of assets. -- The authority shall have no power to issue
bonds, notes, or other obligations, or to mortgage, pledge, or encumber the
assets of the authority or any of its income; and no part of the income or the
assets of the authority shall inure to the benefit of any director, officer,
employee, or any other individual, except as may be provided as salary or
reasonable compensation for services.
16-61-11. Political activities prohibited. -- The authority shall be prohibited from
supporting or opposing any political party or candidate for public office,
elective or otherwise, and from attempting to influence the enactment of
legislation. The authority shall not be precluded from promoting full
discussions of public issues pursuant to rules and regulations that the
authority may promulgate.
16-61-12. Annual report. -- Within ninety (90) days after the end of each fiscal year, the
authority shall approve and submit an annual report to the governor, the
speaker of the house of representatives, the president of the senate, and
secretary of state of its activities during that fiscal year. The report shall
provide: an operating statement summarizing meetings or hearings held,
including meeting minutes, subjects addressed, decisions rendered, rules or
regulations promulgated, studies conducted, policies and plans developed,
approved or modified, and programs administered or initiated; a consolidated
financial statement of all funds received and expended including the source of
the funds, a listing of any staff supported by these funds and a summary of any
clerical, administrative or technical support received; a summary of
performance during the previous fiscal year including accomplishments,
shortcomings and remedies; a synopsis of hearings, complaints, suspensions or
other legal matters related to the authority; a summary of any training courses
held pursuant to the provisions of this chapter; a briefing on anticipated
activities in the upcoming fiscal year; and findings and recommendations for
improvements. The authority shall cause an audit of its books and accounts,
including the records pertaining to any entity created at the direction and/or
under the auspices of the authority, to be made at least once each fiscal year
by the auditor general. The report shall be posted electronically on the
general assembly's and secretary of state's websites as prescribed in §
42-20-8.2. The director of the department of administration shall be
responsible for the enforcement of this provision.
16-61-13. Annual appropriation. -- The general assembly shall annually
appropriate any sums as it deems necessary for the support and maintenance of
public telecommunications in the state, and the state controller is authorized
and directed to draw his or her orders upon the general treasurer for the
payment of those appropriations or so much of this sum as may be necessary for
the purposes appropriated, upon the receipt by the controller of properly
authenticated vouchers, as the authority may by rule provide.
16-61-14. Liberal construction of chapter required. -- This chapter shall be construed liberally
in aid of its declared purposes.
16-61-15. Severability. -- If any provision of this chapter or of any rule or regulation
made under this chapter, or its application to any person or circumstance, is
held invalid by acourt of competent jurisdiction, the remainder of the chapter,
rule, or regulation and the application of that provision to other persons or
circumstances shall not be affected by theinvalidity. The invalidity of any
section or sections or parts of any section or sections shall not affect the
validity of the remainder of the chapter.
SECTION 2. Sections 16-28-4, 16-28-5 and 16-28-6 of the General Laws in Chapter 16-28 entitled "Educational Television" are hereby repealed.
16-28-4. Advisory commission – Appointment and qualification of
members. -- (a)
There is created for the purposes of this chapter the Rhode Island advisory
commission on public telecommunications consisting of not less than twenty-five
(25) members who shall be appointed by the governor as provided in this
section. The members of the commission shall serve three (3) year terms or
until their successors have been appointed and duly qualified; provided, upon
the initial appointment of members to the commission and upon any expansion of
the membership of the commission, the governor shall appoint one third (1/3) of
the members to one year terms, one third (1/3) of the members to two (2) year
terms, and the remainder of the members to three (3) year terms.
(b) The governor shall
appoint the chairperson of the commission who shall serve at the governor's
pleasure.
(2) Appointment shall
be made in February of each year by the governor.
(c) Vacancies on the
commission may be filled by the governor at any time and shall be for the
remainder of the unexpired term of the vacancy.
(d) The membership of
the commission shall include one member of each of the counties of the state
and insofar as possible be broadly representative of the different educational,
cultural, professional, religious, and social interests of the state.
(e) The advisory
commission, among other matters as may be appropriate, is authorized and
empowered:
(1) To advise the
general manager respecting his powers pursuant to § 16-61-7, if the Rhode
Island public telecommunications authority has appointed a general manager; if
the authority has entered into a contract or agreement with a nonprofit entity
for the operation of public telecommunications functions pursuant to § 16-61-6,
then the advisory committee shall advise the entity concerning educational
television programming.
(2) To do any other
things as may be necessary to assist the general manager in carrying out the
powers expressly provided for in § 16-61-7.
(f) Additionally, the advisory commission shall:
(1) Maintain minutes of all meetings;
(2) Delineate its goals and responsibilities;
(3) Provide forums at state educational institutions on
educational television;
(4) Provide for promotional activities in educational
television;
(5) Have media publicity on educational television;
(6) Continue efforts to obtain funding both public and
private and establishment of a transmitter needed for the operation of the
station;
(7) Provide twenty-five dollars ($25.00) per meeting up to
three hundred dollars ($300), annually, as compensation for public members for
attendance at meetings and travel expenses;
(8) Provide a written annual report to the Rhode Island
public telecommunications authority of its activities.
16-28-5. Organization and functions of advisory commission – Expenses.
-- (a) The
governor shall designate one of the members of the advisory commission as
chairperson. The commission shall adopt rules for its own procedure and appoint
any other officers from its members as it deems fit.
(b) The commission
shall have no administrative power but shall confer at regular intervals and
cooperate with, advise, and make recommendations to the board of regents for
elementary and secondary education in the administration of this chapter.
(c) It shall be the
duty of the board to consult with the advisory commission on matters relating
to the operation of the educational television station, providing, that
ultimate policy decisions shall rest with the board.
(d) The members of the
commission shall serve without compensation, but shall be entitled to receive
reimbursement for reasonable actual and necessary expenses incurred in
performance of their duties.
16-28-6. Appropriations and disbursements. -- The general assembly shall annually
appropriate a sum sufficient to carry out the purposes of this chapter; and the
state controller is authorized and directed to draw his or her orders upon the
general treasurer for the payment of the sum, or so much of a sum as may be
required, from time to time, upon the receipt by the controller of properly
authenticated vouchers.
SECTION 3. Section 17-23-18 of the General Laws in Chapter 17-23 entitled "Election Offenses" is hereby amended to read as follows:
17-23-18. Political advertising from official budgets prohibited. -- (a) No elected official shall permit the expenditure of public funds from any official budget under his or her authority for any publication, advertisement, broadcast, or telecast of his or her photograph, voice, or other likeness to be broadcast or distributed to the public during the one hundred and twenty (120) days preceding any primary or general election in which he or she is a candidate.
(b) This section
shall not be construed to prohibit an official from appearing on regular
capitol television programming operated by the general assembly or on
television stations operated by the Rhode Island
public telecommunications authority the
Rhode Island PBS Foundation during the period of time or programming
of regular or special meetings of city or town councils or any local
governmental board, agency or other entity.
SECTION 4. Section 17-25-30 of the General Laws in Chapter 17-25 entitled "Rhode Island Campaign Contributions and Expenditures Reporting" is hereby amended to read as follows:
17-25-30. Public financing of election campaigns – Compliance benefits. -- Entitled to an additional benefit of free time on community antenna television to be allocated pursuant to rules determined by the administrator for the division of public utilities. During all allocated free time, the candidate shall personally appear and present the message of the advertisement; provided, however, the content of all television time shall include captioning for the deaf and hard of hearing and the content of all radio time must be available in a written or text format at the time of request; and
(2) Entitled to an additional
benefit of free time on any public broadcasting station operating under the
jurisdiction of the Rhode Island public
telecommunications authority PBS
foundation pursuant to rules determined by the authority federal
communications commission (FCC). During all allocated free time, the
candidate shall personally appear and personally present the message of the
advertisement; provided, however, the content of all television time shall
include captioning for the deaf and hard of hearing and the content of all
radio time must be available in a written or text format at the time of
request.
SECTION 5. Section 22-13-9 of the General Laws in Chapter 22-13 entitled "Auditor General" is hereby amended to read as follows:
22-13-9. Access to executive sessions of a public agency – Access to records – Disclosure by the auditor general. -- (a) Whenever a public agency goes into executive session, the auditor general or his or her designated representative shall be permitted to attend the executive session or if the auditor general or his or her designee is not in attendance at the executive session, the auditor general or his or her designee, upon written request, shall be furnished with copies of all data or materials furnished to the members of the public agency at the executive session. If the auditor general or his or her designee attends the executive session, the auditor general shall be furnished the same data in the same form and at the same time as members of the public agency.
(b) Within three (3) working days of a written request by the auditor general, the public agency shall furnish a copy, whether approved by the agency or not, of the minutes of any meeting, including any executive session of the public agency.
(c) The auditor general shall have full and unlimited access to any and all records of any public agency, in whatever form or mode the records may be, unless the auditor general's access to the records is specifically prohibited or limited by federal or state law. In no case shall any confidentiality provisions of state law be construed to restrict the auditor general's access to the records; provided, the auditor general's access to any confidential data shall not in any way change the confidential nature of the data obtained. Where an audit or investigative finding emanates from confidential data, specific confidential information will not be made public. The records shall include those in the immediate possession of a public agency as well as records which the agency itself has a right to. In the event of a dispute between the agency involved and the auditor general as to whether or not the data involved are confidential by law, the matter will be referred to the attorney general for resolution.
(d) If in the course of an executive session any fact comes to the attention of the auditor general or his or her designated representative, which in his or her judgment constitutes an impropriety, irregularity, or illegal transaction, or points to the onset of an impropriety or illegal transaction, then the auditor general shall disclose that information to the joint committee on legislative services, the director of administration, and the chairperson of the public agency involved. Where the facts or the data upon which the facts are based are deemed confidential pursuant to the provisions of federal or state law, the auditor general's access to the information shall not in any way change the confidential nature of the data obtained.
(2) In the event of a dispute between the agency involved and the auditor general as to whether or not the data involved are confidential by law, the matter will be referred to the attorney general for resolution.
(e) The auditor general or his or her designated representative shall be immune from any liability to any party for claims arising out of disclosure authorized by this section.
(f) For the purposes of this
section, the phrase "public agency" shall include the following: the
Rhode Island industrial building authority, the Rhode Island recreational
building authority, the Rhode Island economic development corporation, the
Rhode Island industrial facilities corporation, the Rhode Island refunding bond
authority, the Rhode Island housing and mortgage finance corporation, the Rhode
Island resource recovery corporation, the Rhode Island public transit
authority, the Rhode Island student loan authority, the water resources board,
the Rhode Island health and educational building corporation, the Rhode Island
higher education assistance authority, the Rhode Island turnpike and bridge
authority, the Narragansett Bay commission, Rhode
Island public telecommunications authority, the convention center
authority, channel 36 foundation, their
successors and assigns, and any other body corporate and politic which has been
or which is subsequently created or established within this state.
SECTION 6. Chapter 39-19 of the General Laws entitled "Community Antenna Television Systems" is hereby amended by adding thereto the following section:
39-19-6.1. Public education and government television studios and equipment. -- (a) The division shall be empowered to manage and operate public, education and government (PEG) access television in Rhode Island; provided, however, that an existing cable television certificate holder may, at its sole discretion, and for as long as it desires to do so, elect to continue to manage a PEG access studio within its service area.
(b) In carrying out the purposes of this section, the division may designate another entity, whether public or private, to actually manage the day-to-day operations of any PEG access studios not being actively managed and operated by an existing cable television certificate holder. These day-to-day operations shall include the responsibility of programming statewide interconnect channels, and managing interconnect playback in conjunction with the management of PEG playback.
(c) The division shall fund the operations authorized under this section through PEG access and interconnect fees, which shall be established by the division following public hearing and notice to the state’s cable television certificate holders. Such fees shall be paid by the state’s cable television certificate holders, who may in turn pass through such expenses to their respective subscribers in accordance with federal law.
(d) In furtherance of exercising this authority, the division shall promulgate such reasonable rules and regulations that the division deems necessary to carry out its responsibilities.
SECTION 7. This article shall take effect as of July 1, 2013.
ARTICLE 8 AS AMENDED
Relating To Lease Agreements For Leased Office And Operating Space
SECTION 1. This article consists of Joint Resolutions that are submitted to the General Assembly for its approval pursuant to section 37-6-2 of the Rhode Island General Laws.
SECTION 2. Department of Corrections.
WHEREAS, The Rhode Island Department of Corrections currently has a lease agreement, in full force and effect, with the Urban League of Rhode Island for approximately 2,900 square feet of office space located at 234 Prairie Avenue in Providence, which will expire on June 30, 2013; and
WHEREAS, The annual rent under the current lease agreement in the fiscal year ending June 30, 2013 is $40,000; and
WHEREAS, At a meeting duly noticed on February 12, 2013, the State Properties Committee approved the Department of Corrections' request to advertise a Request for Proposals in order to secure new office space in Providence; and
WHEREAS, The Rhode Island Department of Corrections requests to enter into a new lease agreement with a landlord to be determined for the use of approximately 4,500 square feet of office space at a location to be determined in the city of Providence and for a five (5) year term; and
WHEREAS, The leased premises will provide a critical location for the offices of the Department of Corrections from which the Department can serve the needs of Providence and surrounding communities and otherwise fulfill the mission of the Department; and
WHEREAS, The anticipated annual rent of the new lease agreement in each of the initial five (5) years of the term will not exceed $88,000; and
WHEREAS, The payment of annual rent will be made from funds available to the Department of Corrections for the payment of rental and lease costs based on annual appropriations made by the General Assembly; and
WHEREAS, The State Properties Committee now respectfully requests the approval of the Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement between the Department of Corrections and a landlord to be determined, for a facility located at a site to be determined, in the city of Providence; now therefore be it
RESOLVED, That this General Assembly of the State of Rhode Island and Providence Plantations hereby approves a lease agreement, at a location to be determined, for an initial term not to exceed five (5) years along with an option to renew for an additional five years. The total cost of the initial five year term shall not exceed $440,000; and it be further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General assembly; and be it further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly certified copies of this resolution to the Director of the Department of Corrections, the State Budget Officer, and the Chair of the State Properties Committee.
SECTION 3. Judiciary.
WHEREAS, The Judiciary currently has a lease agreement, in full force and effect, with 56 Associates, LP for approximately 39,043 square feet of records storage space located at 450 Main Street in the city of Pawtucket; and
WHEREAS, This lease will expire on May 31, 2013 and the Rhode Island Judiciary wishes to renew for a ten (10) year term; and
WHEREAS, The Rhode Island Judiciary respectfully requests that this Resolution supersede that which was previously approved during the 2011 Legislative Session as House Resolution 6233 Sub A as the Judiciary has successfully negotiated a longer lease term at the same rental rate; and
WHEREAS, The State of Rhode Island, acting by and through the Rhode Island Judiciary attests to the fact that there are no clauses in the lease agreement with 56 Associates, LP that would interfere with the Rhode Island Judiciary's lease agreement or use of the facility; and
WHEREAS, The leased premises provide a central location from which the Rhode Island Judiciary can serve the needs of the Rhode Island community and otherwise further and fulfill the mission of the Judiciary; and
WHEREAS, The annual rent in the current lease agreement for the fiscal year ending June 30, 2013 is $234,540; and
WHEREAS, The annual rent of the proposed lease agreement in each of the ten (10) years of the term is not to exceed $234,540; and
WHEREAS, At a meeting duly noticed on May 22, 2012, the State Properties Committee considered the siting criteria for leased facilities under Rhode Island General Laws section 37-6-2 and found this site met all relevant criteria; and
WHEREAS, The State Properties Committee now respectfully requests the approval of the Rhode Island House of Representatives and the Rhode Island Senate for a lease agreement between 56 Associates, LP and the Rhode Island Judiciary, for the facility located at 450 Main Street in the city of Pawtucket, Rhode Island; now therefore be it
RESOLVED, That this General Assembly of the State of Rhode Island and Providence Plantations hereby approves the lease agreement, for a term not to exceed ten (10) years and at a total cost not to exceed $2,345,400; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General assembly; and be it further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly certified copies of this resolution to the Administrator of the Rhode Island Judiciary, the State Budget Officer, and the Chair of the State Properties Committee.
SECTION 4. Department of Labor and Training.
WHEREAS, The Department of Labor and Training currently has a lease agreement, in full force and effect, with One Reservoir, LLC for 25,000 square feet of office space located at One Reservoir Avenue in the city of Providence; and
WHEREAS, The current lease expires on June 17, 2013 and the Department of Labor and Training requests to renew for a period of ten (10) years the lease agreement with One Reservoir, LLC; and
WHEREAS, The State of Rhode Island, acting by and through the Department of Labor and Training attests to the fact that there are no clauses in the lease agreement with One Reservoir, LLC that would interfere with the Department of Labor and Training's lease agreement or use of the facility; and
WHEREAS, The leased premises provide a central location from which the Department of Labor and Training can serve the needs of the Rhode Island community and otherwise further and fulfill the mission of the Department; and
WHEREAS, The annual rent in the current lease agreement in the fiscal year ending June 30, 2013 is $609,628; and
WHEREAS, The annual rent of the proposed lease agreement in each of the initial five (5) years of the term is not to exceed $512,500; and $525,250 in year six, $538,250 in year seven, $551,500 in year eight, $565,250 in year nine, and $579,250 in year ten.
WHEREAS, The State Properties Committee now respectfully requests the approval of the Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement between the Department of Labor and Training and One Reservoir, LLC, for the facility located at One Reservoir Avenue in the city of Providence, Rhode Island; now therefore be it
RESOLVED, That this General Assembly of the State of Rhode Island and Providence Plantations hereby approves the lease agreement, for a term not to exceed ten (10) years and at a total cost not to exceed $5,322,000; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General assembly; and be it further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly certified copies of this resolution to the Director of the Department of Labor and Training, the State Budget Officer, and the Chair of the State Properties Committee.
SECTION 5. Department of Human Services.
WHEREAS, The Department of Human Services currently has a lease agreement with Kellaway Realty Corporation for approximately 18,000 square feet of office space located at 24 Commerce Street in the city of Pawtucket; and
WHEREAS, The State of Rhode Island, acting by and through the Department of Human Services attests to the fact that there are no clauses in the lease agreement with Kellaway Realty Corporation that would interfere with the Department of Human Services lease agreement or use of the facility; and
WHEREAS, The aforementioned lease expires on December 31, 2013 and the Department of Human Services wishes to advertise a Request for Proposals and enter into a new lease agreement with a landlord to be determined for the use of approximately 18,000 square feet of office space located in the city of Pawtucket; and
WHEREAS, The Department of Human Services and its programs operating in their current location may relocate to a new location based on the results of the Request for Proposals process; and
WHEREAS, The proposed leased premises will provide a location from which the Department of Human Services can serve the needs of the Pawtucket and surrounding communities and otherwise fulfill the mission of the Department; and
WHEREAS, The rent in the current lease agreement in the fiscal year ending June 30, 2013 is $252,000; and
WHEREAS, The annual rent of the proposed lease agreement for each of the five (5) years of the term is not to exceed $360,000; and
WHEREAS, At a meeting duly noticed on April 10, 2012 the State Properties Committee approved the Department of Human Services request to advertise a Request for Proposals in order to secure new office space in the city of Pawtucket; and
WHEREAS, The State Properties Committee now respectfully requests the approval of the Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement between the Department of Human Services and a landlord to be determined, for the facility located at a location to be determined in the city of Pawtucket, Rhode Island; now therefore be it
RESOLVED, That this General Assembly of the State of Rhode Island and Providence Plantations hereby approves the lease agreement, for an initial term not to exceed five (5) years and at a total cost not to exceed $1,800,000; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General assembly; and be it further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly certified copies of this resolution to the Director of the Department of Human Services, the State Budget Officer, and the Chair of the State Properties Committee.
SECTION 6. University of Rhode Island - Physical Therapy Program.
WHEREAS, The University of Rhode Island (the University) has academic programs in Physical Therapy, Communicative Disorders, and Kinesiology with teaching, research, and outreach that benefits Rhode Island adults and children with injuries and disabilities: and
WHEREAS, The Independence Square Foundation (the Foundation) is a non profit corporation that develops and manages community center buildings, leasing space at affordable rates to not for profit operations, with a historical emphasis on operations supporting individuals with disabilities; and
WHEREAS, The Foundation promotes and fosters collaborative relationships between its non profit tenants in the interest of enhancing the range and quality of services offered to these special populations, recognized at the national level as a unique model to be emulated; and
WHEREAS, In 1991, the University and the Board of Governors for Higher Education, (the Board), and the State Properties Committee (the Properties Committee) approved a lease (Ground Lease) for a parcel of land at 25 West Independence Way on the Kingston Campus of the University in Kingston, Rhode Island to the Foundation, enabling Independence Square to build a 40,000 square foot community center building for the University and not for profit tenants, and in 2007 approved an extension of that Ground Lease through 2032, enabling Independence Square to qualify for $1,200,000 in federal grant funding toward the successful construction of a 28,000 square foot addition to the building in 2009; and
WHEREAS, Per the Ground Lease Agreement, the Foundation is required to make payments of $1 per year and at the end of the term or further extension of the Ground Lease, the University and the Board will obtain title to the building and associated improvements for the payment of $1; and
WHEREAS, The Board and the State Properties Committee, at that same time and in 2002, approved space leases (Lease) for the University's Physical Therapy Program and Communicative Disorders Speech and Hearing Clinic, respectively, within the existing building at 25 West Independence Way and those programs, associated students and faculty, and clinical clients have benefited from the quality, accessible, well maintained facilities for the duration of those Leases; and
WHEREAS, The present Lease for 16,400 square feet of space in the Independence Square Foundation II building at 25 West Independence Way on the University's Kingston Campus had reached the end of its extended term as of December 31, 2012; and
WHEREAS, The University, the Board, and the State Properties Committee have approved a Lease for the same 16,400 square feet of space in the Independence Square Foundation II building for a period of one year beginning on January 1, 2013, in the interest of continuing the presence of the University's Physical Therapy Program in that space while a nine (9) year lease extension undergoes consideration per the requirements of section 37-6-2 of the Rhode Island General Laws during the 2013 Legislative Session; and
WHEREAS, There is a strong interest in continuing the Physical Therapy Program's academic and clinical programs within the space they presently occupy in the Independence Square II building for a period coincident with the existing, applicable Ground Lease, which is scheduled to end as of December 31, 2032; and
WHEREAS, The University, the Board, and the State Properties Committee have approved a Lease (the Lease Agreement), with a term of nine (9) years, for 16,400 square feet of space in the Independence Square II building for the University's Physical Therapy Program, with that Lease Agreement and associated obligations beginning on January 1, 2014, subject to the required Executive and Legislative authorizations; and
WHEREAS, The Lease Agreement requires the University to pay a Base Rent for the University's proportionate share of building operating expenses, including heating, cooling, lighting, and basic electrical service, such Base Rent in the first year being $200,616, calculated on an annualized basis, this Base Rent being subject to incremental changes in actual operating expenses incurred to support the building, applicable to the proportional share of the building occupied by the Physical Therapy Program under The Lease in future years; and
WHEREAS, Under the Lease Agreement, the University will be required to pay Additional Rent for the University's proportionate share of Property Taxes, if applicable, and Operating Expenses in excess of those covered by the Base Rent as determined by calculation of actual expenses incurred by the Foundation for the Independence Square Foundation II Building at the end of each calendar year of the Lease. Such Additional Rent payments, which have been between $14,000 and $25,000 over the previous eight (8) years under the expiring Lease, are to be supported by University general revenues; now, therefore, be it
RESOLVED, That the Foundation's Project is a favorable investment on the University's Kingston Campus that ultimately becomes an asset of the University and the State, serving an important academic program and critical operations serving children with special needs, while further building upon a successful University, Foundation, and Community partnership and this General Assembly hereby approves this Lease Agreement; and be it further
RESOLVED, That this General Assembly of the State of Rhode Island and Providence Plantations hereby approves the lease agreement, for a term not to exceed nine (9) years and at a total cost not to exceed $1,990,000; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General assembly; and be it further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly certified copies of this resolution to the President of the University of Rhode Island, the State Budget Officer, and the Chair of the State Properties Committee.
SECTION 7. University of Rhode Island - Communicative Disorders Program.
WHEREAS, The University of Rhode Island (the University) has academic programs in Physical Therapy, Communicative Disorders, and Kinesiology with teaching, research, and outreach that benefits Rhode Island adults and children with injuries and disabilities; and
WHEREAS, The Independence Square Foundation (the Foundation) is a non profit corporation that develops and manages community center buildings, leasing space at affordable rates to not for profit operations, with a historical emphasis on operations supporting individuals with disabilities; and
WHEREAS, The Foundation promotes and fosters collaborative relationships between its non profit tenants in the interest of enhancing the range and quality of services offered to these special populations, recognized at the national level as a unique model to be emulated; and
WHEREAS, In 1991, the University and the Board of Governors for Higher Education, (the Board), and the State Properties Committee (the Properties Committee) approved a lease of land (Ground Lease), for a parcel of land at 25 West Independence Way on the Kingston Campus of the University in Kingston, Rhode Island to the Foundation enabling Independence Square to build a 40,000 square foot community center building for the University and not for profit tenants, and in 2007 approved an extension of that Ground Lease through 2032, enabling Independence Square to qualify for $1,200,000 in federal grant funding toward the successful construction of a 28,000 square foot addition to the building in 2009; and
WHEREAS, Per the Ground Lease Agreement, the Foundation is required to make payments of $1 per year and at the end of the term or further extension of the Ground Lease, the University and the Board obtain title to the building and associated improvements for the payment of $1; and
WHEREAS, The Board and the State Properties Committee, in 2002, approved a space lease (Lease) for the University's Communicative Disorders Program's Speech and Hearing Clinic within the existing building at 25 West Independence Way and the Program's associated students and faculty, and clinical clients have benefited from the quality, accessible, well maintained facilities for the duration of that Lease; and
WHEREAS, The present Lease for 4,300 square feet of space for the Communicative Disorders Program in the Independence Square Foundation II building at 25 West Independence Way on the University's Kingston Campus reached the end of its initial term as of January 31, 2013; and
WHEREAS, The University, the Board, and the State Properties Committee have approved an Amendment One to the Lease for the same 4,300 square feet of space in the Independence Square Foundation II building for a period of one year beginning on February 1, 2013, in the interest of continuing the presence of the University's Communicative Disorders Program in that space under the same terms and conditions, excepting that the terms of Section 5.05 pertaining to the University's obligations to compensate for renovation work performed by Independence Square will no longer apply, while a long term lease extension undergoes consideration per the requirements of section 37-6-2 of the Rhode Island General Laws during the 2013 Legislative Session; and
WHEREAS, There is a strong interest in continuing the Communicative Disorders Program's academic and clinical programs within the space they presently occupy in the Independence Square II building for a period beyond the initial ten-year term plus the one year extension that will end as of January 31, 2013; and
WHEREAS, The University, the Board, and the State Properties Committee have approved a continuation of the Lease Agreement's terms and conditions excepting that the terms of Section 5.05 pertaining to the University's obligations to compensate for renovation work performed by Independence Square will no longer apply, (Amendment Two to the Lease Agreement), with a term of nine (9) years, for the same 4,300 square feet of space in the Independence Square II building for the University's Communicative Disorders Program, with that Amendment Two to the Lease Agreement and associated obligations beginning on February 1, 2014 and continuing through January 31, 2023; and
WHEREAS, The Lease Agreement requires the University to pay a Base Rent for the University's proportionate share of building operating expenses, including heating, cooling, lighting, and basic electrical service, such Base Rent in the first year and the nine years being $45,408, calculated on an annualized basis, this Base Rent being subject to incremental changes in actual operating expenses incurred to support the building, applicable to the proportional share of the building occupied by the Communicative Disorders Program under The Lease in future years; and
WHEREAS, Under the Lease Agreement, the University will be required to pay Additional Rent for the University's proportionate share of Property Taxes, if applicable, and Operating Expenses in excess of those covered by the Base Rent as determined by calculation of actual expenses incurred by the Foundation for the Independence Square Foundation II Building at the end of each calendar year of the Lease. Such Additional Rent payments, which have been between $5,676 and $12,984 over the previous eight (8) years under the expiring Lease, are to be supported by University general revenues; now, therefore, be it
RESOLVED, That the Foundation's Project is a favorable investment on the University's Kingston Campus that continues to serve the facility needs of the University's academic and clinical programs and ultimately becomes an asset of the University and the State, serving an important academic program and critical operations serving children and adults with special needs, while further building upon a successful University, Foundation, and Community partnership and this General Assembly hereby approves this Amendment Two to the Lease Agreement for the University's Communicative Disorders Program; and be it further
RESOLVED, That this General Assembly of the State of Rhode Island and Providence Plantations hereby approves the lease agreement, for a term not to exceed nine (9) years and at a total cost not to exceed $515,000; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General Assembly; and be it further
RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly certified copies of this resolution to the President of the University of Rhode Island, the State Budget Officer, and the Chair of the State Properties Committee.
SECTION 8. This article shall take effect upon passage.
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art.009/8/009/7/009/6/009/5/009/4/009/3/009/2/009/1
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ARTICLE 9 AS AMENDED
RELATING TO TAXATION
SECTION 1. Section 44-61-1.1 of the General Laws in Chapter 44-61 entitled "Relating To Depreciation of Assets and Net Operating Loss Deduction" is hereby amended to read as follows:
44-61-1.1. Expensing in lieu of depreciation of assets. -- (a) For
purposes of expensing of assets under chapters 11, 14 and 30 of this title, the
expense deduction shall not exceed the sum provided
for twenty-five thousand dollars
($25,000) in any taxable year. The additional expensing of assets for federal
tax purposes under section 179 of the Internal Revenue Code, 26
U.S.C. section 179 provided by the Jobs and Growth
Tax Relief Reconciliation Act of 2003 or any subsequent federal enactment shall
not be allowed for Rhode Island tax purposes. In the year that those
assets are placed in service expensing of assets
and in all subsequent years, expenses and
depreciation for Rhode Island tax purposes shall be allowed in the same manner as is provided for under section 179 of
the internal revenue code 26 U.S.C. section 179 on those assets as it would have been computed prior to the
enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003.
Any remaining tax basis of the asset purchased
shall be depreciated as provided for under the internal revenue service code
sections 167 and 168, excluding section 168(k).
(b) The gain resulting from any subsequent disposition of these assets shall be computed using a basis consistent with the Rhode Island expenses and depreciation allowed under subsection (a) of this section.
(c) There is hereby established a depreciation of assets transfer fund for the purpose of reserving sufficient funding for the expensing of assets in accordance with subsection (a). The general assembly may appropriate such amounts to the fund deemed necessary for said purpose.
SECTION 2. Chapter 44-55 of the General Laws entitled "Tax Incentives for Employers" is hereby amended by adding thereto the following section:
44-55-8. Adding back the domestic production activities deduction. -- All corporations doing business in the state of Rhode Island shall add back into their taxable income any amount deducted under the federal "domestic production deduction" also known as section 199 of the federal Internal Revenue Code. State tax forms shall be changed if needed in order to comply with this section.
SECTION 3. Chapter 44-18 of the General Laws entitled "Sales and Use Taxes - Liability and Computation" is hereby amended by adding thereto the following section:
44-18-15.2. "Remote seller" and "remote sale" defined -- Collection of sales and use tax by remote seller. -- As used in this article:
(1) "Remote seller" means a person that makes remote sales in this state.
(2) "Remote sale" means a sale into this state for which the seller would not legally be required to pay, collect, or remit state or local sales and use taxes unless provided by federal law.
(c) Upon passage of any federal law authorizing states to require remote sellers to collect and remit sales and use taxes, this state will require a remote seller making remote sales in the state to pay, collect, and remit sales and use taxes at the rate imposed under section 44-18-18, and in accordance with the provisions of this article, chapters 44-18.1 and 44-19, and applicable federal law.
44-18-18. Sales tax imposed. -- A tax is imposed upon sales at retail
in this state including charges for rentals of living quarters in hotels as
defined in section 42-63.1-2, rooming houses, or tourist camps, at the rate of
six percent (6%) of the gross receipts of the retailer from the sales or rental
charges; provided, that the tax imposed on charges for the rentals applies only
to the first period of not exceeding thirty (30) consecutive calendar days of
each rental; provided, further, that for the period commencing July 1, 1990,
the tax rate is seven percent (7%). The tax is paid to the tax administrator by
the retailer at the time and in the manner provided. Excluded from this tax are
those living quarters in hotels, rooming houses, or tourist camps for which the
occupant has a written lease for the living quarters which lease covers a
rental period of twelve (12) months or more. In recognition of the work being
performed by the Streamlined Sales and Use Tax Governing Board, upon passage any federal law which authorizes states to require requires remote sellers to collect and remit sales and use taxes, effective
the first (1st) day of the first (1st) state fiscal quarter following the
change, the rate imposed under section 44-18-18 shall be reduced from seven percent (7%) to six and
one-half percent (6.5%). The six and one-half
percent (6.5%) rate shall take effect on the date that the state requires
remote sellers to collect and remit sale and use taxes.
44-18-18.1. Local meals and beverage tax. -- (a) There is hereby levied and imposed, upon every purchaser of a meal and/or beverage, in addition to all other taxes and fees now imposed by law, a local meals and beverage tax upon each and every meal and/or beverage sold within the state of Rhode Island in or from an eating and/or drinking establishment, whether prepared in the eating and/or drinking establishment or not and whether consumed at the premises or not, at a rate of one percent of the gross receipts. The tax shall be paid to the tax administrator by the retailer at the time and in the manner provided.
(b) All sums received by the division of taxation under this section as taxes, penalties or forfeitures, interest, costs of suit and fines shall be distributed at least quarterly, credited and paid by the state treasurer to the city or town where the meals and beverages are delivered.
(c) When used in this section, the following words have the following meanings:
(1) "Beverage" means all nonalcoholic beverages, as well as alcoholic beverages, beer, lager beer, ale, porter, wine, similar fermented malt or vinous liquor.
(2) "Eating and/or drinking establishments" mean and include restaurants, bars, taverns, lounges, cafeterias, lunch counters, drive-ins, roadside ice cream and refreshment stands, fish and chip places, fried chicken places, pizzerias, food and drink concessions, or similar facilities in amusement parks, bowling alleys, clubs, caterers, drive-in theatres, industrial plants, race tracks, shore resorts or other locations, lunch carts, mobile canteens and other similar vehicles, and other like places of business which furnish or provide facilities for immediate consumption of food at tables, chairs or counters or from trays, plates, cups or other tableware or in parking facilities provided primarily for the use of patrons in consuming products purchased at the location. Ordinarily, eating establishments do not mean and include food stores and supermarkets. Eating establishments do not mean "vending machines," a self-contained automatic device that dispenses for sale foods, beverages, or confection products. Retailers selling prepared foods in bulk either in customer-furnished containers or in the seller's containers, for example "Soup and Sauce" establishments, are deemed to be selling prepared foods ordinarily for immediate consumption and, as such, are considered eating establishments.
(3) "Meal" means any prepared food or beverage offered or held out for sale by an eating and/or drinking establishment for the purpose of being consumed by any person to satisfy the appetite and which is ready for immediate consumption. All such food and beverage, unless otherwise specifically exempted or excluded herein shall be included, whether intended to be consumed on the seller's premises or elsewhere, whether designated as breakfast, lunch, snack, dinner, supper or by some other name, and without regard to the manner, time or place of service.
(d) This local meals and beverage tax shall be administered and collected by the division of taxation and unless provided to the contrary in this chapter, all of the administration, collection, and other provisions of chapters 18 and 19 of this article apply.
In recognition of the work being performed by the Streamlined
Sales and Use Tax Governing Board, upon passage of
any federal law which authorizes states to require
requires remote sellers to collect and
remit sales and use taxes, effective the first (1st) day of the first (1st) state fiscal
quarter following the change, the rate imposed under section 44-18-18.1
shall be increased from one percent (1%) to
one and one-half percent (1.5%). The one and
one-half percent (1.5%) rate shall take effect on the date that the state
requires remote sellers to collect and remit sales and use taxes.
44-18-20. Use tax imposed. -- (a) An excise tax is imposed on the storage, use, or other consumption in this state of tangible personal property, prewritten computer software delivered electronically or by load and leave or services as defined in section 44-18-7.3; including a motor vehicle, a boat, an airplane, or a trailer, purchased from any retailer at the rate of six percent (6%) of the sale price of the property.
(b) An excise tax is imposed on the storage, use, or other consumption in this state of a motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent (6%) of the sale price of the motor vehicle, boat, airplane, or trailer.
(c) The word "trailer" as used in this section and in section 44-18-21 means and includes those defined in section 31-1-5(a) -- (e) and also includes boat trailers, camping trailers, house trailers, and mobile homes.
(d) Notwithstanding the provisions contained in this section and in section 44-18-21 relating to the imposition of a use tax and liability for this tax on certain casual sales, no tax is payable in any casual sale:
(1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child of the transferor or seller;
(2) When the transfer or sale is made in connection with the organization, reorganization, dissolution, or partial liquidation of a business entity; provided:
(i) The last taxable sale, transfer, or use of the article being transferred or sold was subjected to a tax imposed by this chapter;
(ii) The transferee is the business entity referred to or is a stockholder, owner, member, or partner; and
(iii) Any gain or loss to the transferor is not recognized for income tax purposes under the provisions of the federal income tax law and treasury regulations and rulings issued thereunder;
(3) When the sale or transfer is of a trailer, other than a camping trailer, of the type ordinarily used for residential purposes and commonly known as a house trailer or as a mobile home; or
(4) When the transferee or purchaser is exempt under the provisions of section 44-18-30 or other general law of this state or special act of the general assembly of this state.
(e) The term "casual" means a sale made by a person other than a retailer; provided, that in the case of a sale of a motor vehicle, the term means a sale made by a person other than a licensed motor vehicle dealer or an auctioneer at an auction sale. In no case is the tax imposed under the provisions of subsections (a) and (b) of this section on the storage, use, or other consumption in this state of a used motor vehicle less than the product obtained by multiplying the amount of the retail dollar value at the time of purchase of the motor vehicle by the applicable tax rate; provided, that where the amount of the sale price exceeds the amount of the retail dollar value, the tax is based on the sale price. The tax administrator shall use as his or her guide the retail dollar value as shown in the current issue of any nationally recognized used vehicle guide for appraisal purposes in this state. On request within thirty (30) days by the taxpayer after payment of the tax, if the tax administrator determines that the retail dollar value as stated in this subsection is inequitable or unreasonable, he or she shall, after affording the taxpayer reasonable opportunity to be heard, re-determine the tax.
(f) Every person making more than five (5) retail sales of tangible personal property or prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3 during any twelve (12) month period, including sales made in the capacity of assignee for the benefit of creditors or receiver or trustee in bankruptcy, is considered a retailer within the provisions of this chapter.
(g) (1) "Casual sale" includes a sale of tangible personal property not held or used by a seller in the course of activities for which the seller is required to hold a seller's permit or permits or would be required to hold a seller's permit or permits if the activities were conducted in this state; provided, that the sale is not one of a series of sales sufficient in number, scope, and character (more than five (5) in any twelve (12) month period) to constitute an activity for which the seller is required to hold a seller's permit or would be required to hold a seller's permit if the activity were conducted in this state.
(2) Casual sales also include sales made at bazaars, fairs, picnics, or similar events by nonprofit organizations, which are organized for charitable, educational, civic, religious, social, recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6) days duration each calendar year. Each event requires the issuance of a permit by the division of taxation. Where sales are made at events by a vendor, which holds a sales tax permit and is not a nonprofit organization, the sales are in the regular course of business and are not exempt as casual sales.
(h) The use tax imposed under this section for the period
commencing July 1, 1990 is at the rate of seven percent (7%). In recognition of
the work being performed by the Streamlined Sales and Use Tax Governing Board,
upon passage of any federal law which authorizes states to require requires remote sellers to collect and remit sales and use taxes, effective the first (1st)
day of the first (1st) state fiscal quarter following the change, the rate
imposed under section 44-18-18 shall be reduced
from seven percent (7.0%) to six and one-half percent (6.5%). The six and one-half percent (6.5%) rate shall take effect
on the date that the state requires remote sellers to collect and remit sales
and use taxes.
44-18-30. Gross receipts exempt from sales and use taxes. -- There are exempted from the taxes imposed by this chapter the following gross receipts:
(1) Sales and uses beyond constitutional power of state. - From the sale and from the storage, use, or other consumption in this state of tangible personal property the gross receipts from the sale of which, or the storage, use, or other consumption of which, this state is prohibited from taxing under the Constitution of the United States or under the constitution of this state.
(2) Newspapers.
(i) From the sale and from the storage, use, or other consumption in this state of any newspaper.
(ii) "Newspaper" means an unbound publication printed on newsprint, which contains news, editorial comment, opinions, features, advertising matter, and other matters of public interest.
(iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or similar item unless the item is printed for and distributed as a part of a newspaper.
(3) School meals. - From the sale and from the storage, use, or other consumption in this state of meals served by public, private, or parochial schools, school districts, colleges, universities, student organizations, and parent teacher associations to the students or teachers of a school, college, or university whether the meals are served by the educational institutions or by a food service or management entity under contract to the educational institutions.
(4) Containers.
(i) From the sale and from the storage, use, or other consumption in this state of:
(A) Non-returnable containers, including boxes, paper bags, and wrapping materials which are biodegradable and all bags and wrapping materials utilized in the medical and healing arts, when sold without the contents to persons who place the contents in the container and sell the contents with the container.
(B) Containers when sold with the contents if the sale price of the contents is not required to be included in the measure of the taxes imposed by this chapter.
(C) Returnable containers when sold with the contents in connection with a retail sale of the contents or when resold for refilling.
(ii) As used in this subdivision, the term "returnable containers" means containers of a kind customarily returned by the buyer of the contents for reuse. All other containers are "non-returnable containers."
(5) (i) Charitable, educational, and religious organizations. - From the sale to as in defined in this section, and from the storage, use, and other consumption in this state or any other state of the United States of America of tangible personal property by hospitals not operated for a profit, "educational institutions" as defined in subdivision (18) not operated for a profit, churches, orphanages, and other institutions or organizations operated exclusively for religious or charitable purposes, interest free loan associations not operated for profit, nonprofit organized sporting leagues and associations and bands for boys and girls under the age of nineteen (19) years, the following vocational student organizations that are state chapters of national vocational students organizations: Distributive Education Clubs of America, (DECA); Future Business Leaders of America, phi beta lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers of America/Home Economics Related Occupations (FHA/HERD); and Vocational Industrial Clubs of America (VICA), organized nonprofit golden age and senior citizens clubs for men and women, and parent teacher associations.
(ii) In the case of contracts entered into with the federal government, its agencies or instrumentalities, this state or any other state of the United States of America, its agencies, any city, town, district, or other political subdivision of the states, hospitals not operated for profit, educational institutions not operated for profit, churches, orphanages, and other institutions or organizations operated exclusively for religious or charitable purposes, the contractor may purchase such materials and supplies (materials and/or supplies are defined as those which are essential to the project) that are to be utilized in the construction of the projects being performed under the contracts without payment of the tax.
(iii) The contractor shall not charge any sales or use tax to any exempt agency, institution, or organization but shall in that instance provide his or her suppliers with certificates in the form as determined by the division of taxation showing the reason for exemption; and the contractor's records must substantiate the claim for exemption by showing the disposition of all property so purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax on the property used.
(6) Gasoline. - From the sale and from the storage, use, or other consumption in this state of: (i) gasoline and other products taxed under chapter 36 of title 31, and (ii) fuels used for the propulsion of airplanes.
(7) Purchase for manufacturing purposes.
(i) From the sale and from the storage, use, or other consumption in this state of computer software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and water, when the property or service is purchased for the purpose of being manufactured into a finished product for resale, and becomes an ingredient, component, or integral part of the manufactured, compounded, processed, assembled, or prepared product, or if the property or service is consumed in the process of manufacturing for resale computer software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water.
(ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.
(iii) "Consumed" includes mere obsolescence.
(iv) "Manufacturing" means and includes manufacturing, compounding, processing, assembling, preparing, or producing.
(v) "Process of manufacturing" means and includes all production operations performed in the producing or processing room, shop, or plant, insofar as the operations are a part of and connected with the manufacturing for resale of tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water and all production operations performed insofar as the operations are a part of and connected with the manufacturing for resale of computer software.
(vi) "Process of manufacturing" does not mean or include administration operations such as general office operations, accounting, collection, sales promotion, nor does it mean or include distribution operations which occur subsequent to production operations, such as handling, storing, selling, and transporting the manufactured products, even though the administration and distribution operations are performed by or in connection with a manufacturing business.
(8) State and political subdivisions. - From the sale to, and from the storage, use, or other consumption by, this state, any city, town, district, or other political subdivision of this state. Every redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of the municipality where it is located.
(9) Food and food ingredients. - From the sale and storage, use, or other consumption in this state of food and food ingredients as defined in section 44-18-7.1(l).
For the purposes of this exemption "food and food ingredients" shall not include candy, soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending machines or prepared food (as those terms are defined in section 44-18-7.1, unless the prepared food is:
(i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311, except sub-sector 3118 (bakeries);
(ii) Sold in an unheated state by weight or volume as a single item;
(iii) Bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries, donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and
is not sold with utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws.
(10) Medicines, drugs and durable medical equipment. - From the sale and from the storage, use, or other consumption in this state, of;
(i) "Drugs" as defined in section 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and insulin whether or not sold on prescription. For purposes of this exemption drugs shall not include over-the-counter drugs and grooming and hygiene products as defined in section 44-18-7.1(h)(iii).
(ii) Durable medical equipment as defined in section 44-18-7.1(k) for home use only, including, but not limited to, syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug delivery pumps which are sold on prescription to individuals to be used by them to dispense or administer prescription drugs, and related ancillary dressings and supplies used to dispense or administer prescription drugs shall also be exempt from tax.
(11) Prosthetic devices and mobility enhancing equipment. - From the sale and from the storage, use, or other consumption in this state, of prosthetic devices as defined in section 44-18-7.1(t), sold on prescription, including but not limited to, artificial limbs, dentures, spectacles and eyeglasses, and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription and mobility enhancing equipment as defined in section 44-18-7.1(p) including wheelchairs, crutches and canes.
(12) Coffins, caskets, and burial garments. - From the sale and from the storage, use, or other consumption in this state of coffins or caskets, and shrouds or other burial garments which are ordinarily sold by a funeral director as part of the business of funeral directing.
(13) Motor vehicles sold to nonresidents.
(i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident of this state who does not register the motor vehicle in this state, whether the sale or delivery of the motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to its nonresidents is not exempt from the tax imposed under section 44-18-20. In that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed in his or her state of residence not to exceed the rate that would have been imposed under section 44-18-20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and collect the tax required under this subdivision and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. When a Rhode Island licensed motor vehicle dealer is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide nonresident as provided in this section, the dealer in computing the tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of motor vehicles.
(ii) The tax administrator, in addition to the provisions of sections 44-19-27 and 44-19-28, may require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption provided in this subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the motor vehicle was the holder of, and had in his or her possession a valid out of state motor vehicle registration or a valid out of state driver's license.
(iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or other consumption in this state, and is subject to, and liable for the use tax imposed under the provisions of section 44-18-20.
(14) Sales in public buildings by blind people. - From the sale and from the storage, use, or other consumption in all public buildings in this state of all products or wares by any person licensed under section 40-9-11.1.
(15) Air and water pollution control facilities. - From the sale, storage, use, or other consumption in this state of tangible personal property or supplies acquired for incorporation into or used and consumed in the operation of a facility, the primary purpose of which is to aid in the control of the pollution or contamination of the waters or air of the state, as defined in chapter 12 of title 46 and chapter 25 of title 23, respectively, and which has been certified as approved for that purpose by the director of environmental management. The director of environmental management may certify to a portion of the tangible personal property or supplies acquired for incorporation into those facilities or used and consumed in the operation of those facilities to the extent that that portion has as its primary purpose the control of the pollution or contamination of the waters or air of this state. As used in this subdivision, "facility" means any land, facility, device, building, machinery, or equipment.
(16) Camps. - From the rental charged for living quarters, or sleeping or housekeeping accommodations at camps or retreat houses operated by religious, charitable, educational, or other organizations and associations mentioned in subdivision (5), or by privately owned and operated summer camps for children.
(17) Certain institutions. - From the rental charged for living or sleeping quarters in an institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.
(18) Educational institutions. - From the rental charged by any educational institution for living quarters, or sleeping or housekeeping accommodations or other rooms or accommodations to any student or teacher necessitated by attendance at an educational institution. "Educational institution" as used in this section means an institution of learning not operated for profit which is empowered to confer diplomas, educational, literary, or academic degrees, which has a regular faculty, curriculum, and organized body of pupils or students in attendance throughout the usual school year, which keeps and furnishes to students and others records required and accepted for entrance to schools of secondary, collegiate, or graduate rank, no part of the net earnings of which inures to the benefit of any individual.
(19) Motor vehicle and adaptive equipment for persons with disabilities.
(i) From the sale of: (A) special adaptations, (B) the component parts of the special adaptations, or (C) a specially adapted motor vehicle; provided, that the owner furnishes to the tax administrator an affidavit of a licensed physician to the effect that the specially adapted motor vehicle is necessary to transport a family member with a disability or where the vehicle has been specially adapted to meet the specific needs of the person with a disability. This exemption applies to not more than one motor vehicle owned and registered for personal, noncommercial use.
(ii) For the purpose of this subsection the term "special adaptations" includes, but is not limited to: wheelchair lifts; wheelchair carriers; wheelchair ramps; wheelchair securements; hand controls; steering devices; extensions, relocations, and crossovers of operator controls; power-assisted controls; raised tops or dropped floors; raised entry doors; or alternative signaling devices to auditory signals.
(iii) From the sale of: (a) special adaptations, (b) the component parts of the special adaptations, for a "wheelchair accessible taxicab" as defined in section 39-14-1 and/or a "wheelchair accessible public motor vehicle" as defined in section 39-14.1-1.
(iv) For the purpose of this subdivision the exemption for a "specially adapted motor vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due on the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special adaptations, including installation.
(20) Heating fuels. - From the sale and from the storage, use, or other consumption in this state of every type of fuel used in the heating of homes and residential premises.
(21) Electricity and gas. - From the sale and from the storage, use, or other consumption in this state of electricity and gas furnished for domestic use by occupants of residential premises.
(22) Manufacturing machinery and equipment.
(i) From the sale and from the storage, use, or other consumption in this state of tools, dies, and molds, and machinery and equipment (including replacement parts), and related items to the extent used in an industrial plant in connection with the actual manufacture, conversion, or processing of tangible personal property, or to the extent used in connection with the actual manufacture, conversion or processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the technical committee on industrial classification, office of statistical standards, executive office of the president, United States bureau of the budget, as revised from time to time, to be sold, or that machinery and equipment used in the furnishing of power to an industrial manufacturing plant. For the purposes of this subdivision, "industrial plant" means a factory at a fixed location primarily engaged in the manufacture, conversion, or processing of tangible personal property to be sold in the regular course of business;
(ii) Machinery and equipment and related items are not deemed to be used in connection with the actual manufacture, conversion, or processing of tangible personal property, or in connection with the actual manufacture, conversion or processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the technical committee on industrial classification, office of statistical standards, executive office of the president, United States bureau of the budget, as revised from time to time, to be sold to the extent the property is used in administration or distribution operations;
(iii) Machinery and equipment and related items used in connection with the actual manufacture, conversion, or processing of any computer software or any tangible personal property which is not to be sold and which would be exempt under subdivision (7) or this subdivision if purchased from a vendor or machinery and equipment and related items used during any manufacturing, converting or processing function is exempt under this subdivision even if that operation, function, or purpose is not an integral or essential part of a continuous production flow or manufacturing process;
(iv) Where a portion of a group of portable or mobile machinery is used in connection with the actual manufacture, conversion, or processing of computer software or tangible personal property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under this subdivision even though the machinery in that group is used interchangeably and not otherwise identifiable as to use.
(23) Trade-in value of motor vehicles. - From the sale and from the storage, use, or other consumption in this state of so much of the purchase price paid for a new or used automobile as is allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of the proceeds applicable only to the automobile as are received from the manufacturer of automobiles for the repurchase of the automobile whether the repurchase was voluntary or not towards the purchase of a new or used automobile by the buyer. For the purpose of this subdivision, the word "automobile" means a private passenger automobile not used for hire and does not refer to any other type of motor vehicle.
(24) Precious metal bullion.
(i) From the sale and from the storage, use, or other consumption in this state of precious metal bullion, substantially equivalent to a transaction in securities or commodities.
(ii) For purposes of this subdivision, "precious metal bullion" means any elementary precious metal which has been put through a process of smelting or refining, including, but not limited to, gold, silver, platinum, rhodium, and chromium, and which is in a state or condition that its value depends upon its content and not upon its form.
(iii) The term does not include fabricated precious metal which has been processed or manufactured for some one or more specific and customary industrial, professional, or artistic uses.
(25) Commercial vessels. - From sales made to a commercial ship, barge, or other vessel of fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use of the vessels including provisions, supplies, and material for the maintenance and/or repair of the vessels.
(26) Commercial fishing vessels. - From the sale and from the storage, use, or other consumption in this state of vessels and other water craft which are in excess of five (5) net tons and which are used exclusively for "commercial fishing", as defined in this subdivision, and from the repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property purchased for the use of those vessels and other watercraft including provisions, supplies, and material for the maintenance and/or repair of the vessels and other watercraft and the boats nets, cables, tackle, and other fishing equipment appurtenant to or used in connection with the commercial fishing of the vessels and other watercraft. "Commercial fishing" means the taking or the attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of them for profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include vessels and other watercraft with a Rhode Island party and charter boat license issued by the department of environmental management pursuant to section 20-2-27.1 which meet the following criteria: (i) the operator must have a current U.S.C.G. license to carry passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii) U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat registration to prove Rhode Island home port status; (iv) the vessel must be used as a commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters or provides documentation of a minimum of one hundred (100) charter trips annually; (v) the vessel must have a valid Rhode Island party and charter boat license. The tax administrator shall implement the provisions of this subdivision by promulgating rules and regulations relating thereto.
(27) Clothing and footwear. - From the sales of articles of
clothing, including footwear, intended to be worn or carried on or about the
human body for sales prior to October 1, 2012. Effective October 1, 2012, the
exemption will apply to the sales of articles of clothing, including footwear,
intended to be worn or carried on or about the human body up to two hundred and
fifty dollars ($250) of the sales price per item. For the purposes of this section,
"clothing or footwear" does not include clothing accessories or
equipment or special clothing or footwear primarily designed for athletic
activity or protective use as these terms are defined in section 44-18-7.1(f).
In recognition of the work being performed by the Streamlined Sales and Use Tax
Governing Board, upon passage of any
federal law which authorizes states to require
requires remote sellers to collect and
remit sales and use taxes, effective the first (1st) day of the first (1st) state fiscal
quarter following the change, this unlimited
exemption will apply as it did prior to October 1, 2012. The unlimited exemption on sales of clothing and footwear
shall take effect on the date that the state requires remote sellers to collect
and remit sales and use taxes.
(28) Water for residential use. - From the sale and from the storage, use, or other consumption in this state of water furnished for domestic use by occupants of residential premises.
(29) Bibles. - [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes to Decisions.]From the sale and from the storage, use, or other consumption in the state of any canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited to, the Old Testament and the New Testament versions.
(30) Boats.
(i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not register the boat or vessel in this state, or document the boat or vessel with the United States government at a home port within the state, whether the sale or delivery of the boat or vessel is made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30) days after delivery by the seller outside the state for use thereafter solely outside the state.
(ii) The tax administrator, in addition to the provisions of sections 44-19-17 and 44-19-28, may require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption provided in this subdivision, including the affidavit of the seller that the buyer represented himself or herself to be a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.
(31) Youth activities equipment. - From the sale, storage, use, or other consumption in this state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island eleemosynary organizations, for the purposes of youth activities which the organization is formed to sponsor and support; and by accredited elementary and secondary schools for the purposes of the schools or of organized activities of the enrolled students.
(32) Farm equipment. - From the sale and from the storage or use of machinery and equipment used directly for commercial farming and agricultural production; including, but not limited to, tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors, balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment, greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and other farming equipment, including replacement parts, appurtenant to or used in connection with commercial farming and tools and supplies used in the repair and maintenance of farming equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or the production within this state of agricultural products, including, but not limited to, field or orchard crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator, whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July 1, 2002; for exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I shall be based on proof of annual gross sales from commercial farming of at least twenty-five hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or greater; Level II shall be based on proof of annual gross sales from commercial farming of at least ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption provided in this subdivision including motor vehicles with an excise tax value of five thousand dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount of annual gross sales from commercial farming shall be required for the prior year; for any renewal of an exemption granted in accordance with this subdivision at either Level I or Level II, proof of gross annual sales from commercial farming at the requisite amount shall be required for each of the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly indicate the level of the exemption and be valid for four (4) years after the date of issue. This exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to section 31-1-8 and is eligible for registration displaying farm plates as provided for in section 31-3-31.
(33) Compressed air. - From the sale and from the storage, use, or other consumption in the state of compressed air.
(34) Flags. - From the sale and from the storage, consumption, or other use in this state of United States, Rhode Island or POW-MIA flags.
(35) Motor vehicle and adaptive equipment to certain veterans. - From the sale of a motor vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether service connected or not. The motor vehicle must be purchased by and especially equipped for use by the qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or regulations that the tax administrator may prescribe.
(36) Textbooks. - From the sale and from the storage, use, or other consumption in this state of textbooks by an "educational institution" as defined in subdivision (18) of this section and as well as any educational institution within the purview of section 16-63-9(4) and used textbooks by any purveyor.
(37) Tangible personal property and supplies used in on-site hazardous waste recycling, reuse, or treatment. - From the sale, storage, use, or other consumption in this state of tangible personal property or supplies used or consumed in the operation of equipment, the exclusive function of which is the recycling, reuse, or recovery of materials (other than precious metals, as defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes", as defined in section 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the same taxpayer and where the personal property is located at, in, or adjacent to a generating facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of the department of environmental management certifying that the equipment and/or supplies as used, or consumed, qualify for the exemption under this subdivision. If any information relating to secret processes or methods of manufacture, production, or treatment is disclosed to the department of environmental management only to procure an order, and is a "trade secret" as defined in section 28-21-10(b), it is not open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of title 28 or chapter 24.4 of title 23.
(38) Promotional and product literature of boat manufacturers. - From the sale and from the storage, use, or other consumption of promotional and product literature of boat manufacturers shipped to points outside of Rhode Island which either: (i) accompany the product which is sold, (ii) are shipped in bulk to out of state dealers for use in the sale of the product, or (iii) are mailed to customers at no charge.
(39) Food items paid for by food stamps. - From the sale and from the storage, use, or other consumption in this state of eligible food items payment for which is properly made to the retailer in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977, 7 U.S.C. section 2011 et seq.
(40) Transportation charges. - From the sale or hiring of motor carriers as defined in section 39-12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed with the Rhode Island public utilities commission on the number of miles driven or by the number of hours spent on the job.
(41) Trade-in value of boats. - From the sale and from the storage, use, or other consumption in this state of so much of the purchase price paid for a new or used boat as is allocated for a trade-in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards the purchase of a new or used boat by the buyer.
(42) Equipment used for research and development. - From the sale and from the storage, use, or other consumption of equipment to the extent used for research and development purposes by a qualifying firm. For the purposes of this subdivision, "qualifying firm" means a business for which the use of research and development equipment is an integral part of its operation, and "equipment" means scientific equipment, computers, software, and related items.
(43) Coins. - From the sale and from the other consumption in this state of coins having numismatic or investment value.
(44) Farm structure construction materials. - Lumber, hardware and other materials used in the new construction of farm structures, including production facilities such as, but not limited to, farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos, feed storage sheds, and any other structures used in connection with commercial farming.
(45) Telecommunications carrier access service. - Carrier access service or telecommunications service when purchased by a telecommunications company from another telecommunications company to facilitate the provision of telecommunications service.
(46) Boats or vessels brought into the state exclusively for winter storage, maintenance, repair or sale. - Notwithstanding the provisions of sections 44-18-10, 44-18-11, 44-18-20, the tax imposed by section 44-18-20 is not applicable for the period commencing on the first day of October in any year to and including the 30th day of April next succeeding with respect to the use of any boat or vessel within this state exclusively for purposes of: (i) delivery of the vessel to a facility in this state for storage, including dry storage and storage in water by means of apparatus preventing ice damage to the hull, maintenance, or repair; (ii) the actual process of storage, maintenance, or repair of the boat or vessel; or (iii) storage for the purpose of selling the boat or vessel.
(47) Jewelry display product. - From the sale and from the storage, use, or other consumption in this state of tangible personal property used to display any jewelry product; provided, that title to the jewelry display product is transferred by the jewelry manufacturer or seller and that the jewelry display product is shipped out of state for use solely outside the state and is not returned to the jewelry manufacturer or seller.
(48) Boats or vessels generally. - Notwithstanding the provisions of this chapter, the tax imposed by sections 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage, use, or other consumption in this state of any new or used boat. The exemption provided for in this subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten percent (10%) surcharge on luxury boats is repealed.
(49) Banks and Regulated investment companies interstate toll-free calls. - Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not apply to the furnishing of interstate and international, toll-free terminating telecommunication service that is used directly and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided, that an eligible company employs on average during the calendar year no less than five hundred (500) "full-time equivalent employees", as that term is defined in section 42-64.5-2. For purposes of this section, an "eligible company" means a "regulated investment company" as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. section 1 et seq., or a corporation to the extent the service is provided, directly or indirectly, to or on behalf of a regulated investment company, an employee benefit plan, a retirement plan or a pension plan or a state chartered bank.
(50) Mobile and manufactured homes generally. - From the sale and from the storage, use, or other consumption in this state of mobile and/or manufactured homes as defined and subject to taxation pursuant to the provisions of chapter 44 of title 31.
(51) Manufacturing business reconstruction materials.
(i) From the sale and from the storage, use or other consumption in this state of lumber, hardware, and other building materials used in the reconstruction of a manufacturing business facility which suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more of an operating manufacturing business facility within this state. "Disaster" does not include any damage resulting from the willful act of the owner of the manufacturing business facility.
(ii) Manufacturing business facility includes, but is not limited to, the structures housing the production and administrative facilities.
(iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty percent (60%) provision applies to the damages suffered at that one site.
(iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance, this exemption does not apply.
(52) Tangible personal property and supplies used in the processing or preparation of floral products and floral arrangements. - From the sale, storage, use, or other consumption in this state of tangible personal property or supplies purchased by florists, garden centers, or other like producers or vendors of flowers, plants, floral products, and natural and artificial floral arrangements which are ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers, plants, floral products, or natural and artificial floral arrangements, including descriptive labels, stickers, and cards affixed to the flower, plant, floral product or arrangement, artificial flowers, spray materials, floral paint and tint, plant shine, flower food, insecticide and fertilizers.
(53) Horse food products. - From the sale and from the storage, use, or other consumption in this state of horse food products purchased by a person engaged in the business of the boarding of horses.
(54) Non-motorized recreational vehicles sold to nonresidents.
(i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to a bona fide nonresident of this state who does not register the non-motorized recreational vehicle in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this state or at the place of residence of the nonresident; provided, that a non-motorized recreational vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to its nonresidents is not exempt from the tax imposed under section 44-18-20; provided, further, that in that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed in his or her state of residence not to exceed the rate that would have been imposed under section 44-18-20. Notwithstanding any other provisions of law, a licensed non-motorized recreational vehicle dealer shall add and collect the tax required under this subdivision and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided, that when a Rhode Island licensed non-motorized recreational vehicle dealer is required to add and collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide nonresident as provided in this section, the dealer in computing the tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of motor vehicles.
(ii) The tax administrator, in addition to the provisions of sections 44-19-27 and 44-19-28, may require any licensed non-motorized recreational vehicle dealer to keep records of sales to bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption provided in this subdivision, including the affidavit of a licensed non-motorized recreational vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or a valid out-of-state driver's license.
(iii) Any nonresident who registers a non-motorized recreational vehicle in this state within ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable for the use tax imposed under the provisions of section 44-18-20.
(iv) "Non-motorized recreational vehicle" means any portable dwelling designed and constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use which is eligible to be registered for highway use, including, but not limited to, "pick-up coaches" or "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1 of title 31.
(55) Sprinkler and fire alarm systems in existing buildings. - From the sale in this state of sprinkler and fire alarm systems, emergency lighting and alarm systems, and from the sale of the materials necessary and attendant to the installation of those systems, that are required in buildings and occupancies existing therein in July 2003, in order to comply with any additional requirements for such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003, and that are not required by any other provision of law or ordinance or regulation adopted pursuant to that Act. The exemption provided in this subdivision shall expire on December 31, 2008.
(56) Aircraft. - Notwithstanding the provisions of this chapter, the tax imposed by sections 44-18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other consumption in this state of any new or used aircraft or aircraft parts.
(57) Renewable energy products. - Notwithstanding any other provisions of Rhode Island general laws the following products shall also be exempt from sales tax: solar photovoltaic modules or panels, or any module or panel that generates electricity from light; solar thermal collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic, sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; manufactured mounting racks and ballast pans for solar collector, module or panel installation. Not to include materials that could be fabricated into such racks; monitoring and control equipment, if specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind energy systems or if required by law or regulation for such systems but not to include pumps, fans or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral part of, another item specified on this list; and solar storage tanks that are part of a solar domestic hot water system or a solar space heating system. If the tank comes with an external heat exchanger it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax.
(58) Returned property. - The amount charged for property returned by customers upon rescission of the contract of sale when the entire amount exclusive of handling charges paid for the property is refunded in either cash or credit, and where the property is returned within one hundred twenty (120) days from the date of delivery.
(59) Dietary Supplements. - From the sale and from the storage, use or other consumption of dietary supplements as defined in section 44-18-7.1(l)(v), sold on prescriptions.
(60) Blood. - From the sale and from the storage, use or other consumption of human blood.
(61) Agricultural products for human consumption. - From the sale and from the storage, use or other consumption of livestock and poultry of the kinds of products of which ordinarily constitute food for human consumption and of livestock of the kind the products of which ordinarily constitute fibers for human use.
(62) Diesel emission control technology. - From the sale and use of diesel retrofit technology that is required by section 31-47.3-4 of the general laws.
(63) Feed for certain animals used in commercial farming. - From the sale of feed for animals as described in subsection 44-18-30(61).
(64) Alcoholic beverages. - From the sale and storage, use, or other consumption in this state by a Class A licensee of alcoholic beverages, as defined in section 44-18-7.1, excluding beer and malt beverages from December 1, 2013 through March 31, 2015; provided, further, notwithstanding section 6-13-1 or any other general or public law to the contrary, alcoholic beverages, as defined in section 44-18-7.1, shall not be subject to minimum markup from December 1, 2013 through March 31, 2015.
SECTION 4. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:
23-17-38.1. Hospitals – Licensing fee. --
(a) There is imposed a hospital licensing fee at the
rate of five and forty-three hundredths percent (5.43%) upon the net patient
services revenue of every hospital for the hospital's first fiscal year ending
on or after January 1, 2010. This licensing fee shall be administered and
collected by the tax administrator, division of taxation within the department
of administration, and all the administration, collection and other provisions
of chapters 50 and 51 of title 44 shall apply. Every hospital shall pay the
licensing fee to the tax administrator on or before July 16, 2012 and payments
shall be made by electronic transfer of monies to the general treasurer and
deposited to the general fund in accordance with § 44-50-11 [repealed]. Every
hospital shall, on or before June 18, 2012, make a return to the tax administrator
containing the correct computation of net patient services revenue for the
hospital fiscal year ending September 30, 2010, and the licensing fee due upon
that amount. All returns shall be signed by the hospital's authorized
representative, subject to the pains and penalties of perjury.
(b)(a) There is also imposed a hospital
licensing fee at the rate of five and thirty-five hundredths percent (5.35%)
upon the net patient services revenue of every hospital for the hospital's
first fiscal year ending on or after January 1, 2011, except that the license
fee for all hospitals located in Washington County, Rhode Island shall be
discounted by thirty-seven percent (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the US Department of
Health and Human Services of a state plan amendment submitted by the Executive
Office of Health and Human Services for the purpose of pursuing a waiver of the
uniformity requirement for the hospital license fee. This licensing fee shall
be administered and collected by the tax administrator, division of taxation
within the department of revenue, and all the administration, collection and
other provisions of 51 of title 44 shall apply. Every hospital shall pay the
licensing fee to the tax administrator on or before July 15, 2013 and payments
shall be made by electronic transfer of monies to the general treasurer and
deposited to the general fund. Every hospital shall, on or before June 17,
2013, make a return to the tax administrator containing the correct computation
of net patient services revenue for the hospital fiscal year ending September
30, 2011, and the licensing fee due upon that amount. All returns shall be
signed by the hospital's authorized representative, subject to the pains and
penalties of perjury.
(b) There is also imposed a hospital licensing fee at the rate of five and two hundred forty-six thousandths percent (5.246%) upon the net patient services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, 2012, except that the license fee for all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the US Department of Health and Human Services of a state plan amendment submitted by the Executive Office of Health and Human Services for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of revenue, and all the administration, collection and other provisions of 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 14, 2014 and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or before June 16, 2014, make a return to the tax administrator containing the correct computation of net patient services revenue for the hospital fiscal year ending September 30, 2012, and the licensing fee due upon that amount. All returns shall be signed by the hospital's authorized representative, subject to the pains and penalties of perjury.
(c) For purposes of this section the following words and phrases have the following meanings:
(1) "Hospital" means a person or governmental unit duly licensed in accordance with this chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and primary bed inventory are psychiatric.
(2) "Gross patient services revenue" means the gross revenue related to patient care services.
(3) "Net patient services revenue" means the charges related to patient care services less (i) charges attributable to charity care, (ii) bad debt expenses, and (iii) contractual allowances.
(d) The tax administrator shall make and promulgate any rules, regulations, and procedures not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper administration of this section and to carry out the provisions, policy and purposes of this section.
(e) The licensing fee imposed by
this section shall apply to hospitals as defined herein which are duly licensed
on July 1, 2012 2013, and shall be in addition to the inspection
fee imposed by § 23-17-38 and to any licensing fees previously imposed in
accordance with § 23-17-38.1.
SECTION 5. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby amended by adding thereto the following section:
44-1-35. Outside Collection Agencies. -- The tax administrator may retain by written contract collection agencies licensed under Rhode Island law, or licensed under the laws of another state or the District of Columbia, for the purpose of collecting from sources outside the state of Rhode Island taxes, interest and/or penalties assessed by the tax administrator.
SECTION 6. Title 44 of the General Laws entitled "Taxation" is hereby amended by adding thereto the following chapter:
CHAPTER 68
TAX PREPARERS ACT OF 2013
44-68-1. Short title. -- This chapter shall be known as the "Tax Preparers Act".
44-68-2. Definitions. -- (a) "Tax return preparer" means an individual who prepares a substantial portion of any return for compensation. Tax return preparers include individuals required to register with the Internal Revenue Service as a tax return preparer and who have a Preparer Tax Identification Number (PTIN). For the purpose of this chapter the following individuals shall not be considered tax return preparers:
(1) Volunteer tax return preparers; or
(2) Employees of a tax return preparer and employees of a commercial tax return preparation business who provide only clerical, administration or other similar services.
(b) "Preparer Tax Identification Number" means the number issued by the Internal Revenue Service (IRS) to paid preparers to use on all the returns they prepare.
(c) "Return" shall mean any tax report, return, claim for refund or attachment to any report, return and/or claim for return filed with the tax administrator pursuant to the tax laws of this state.
44-68-3. Duties and Responsibilities. -- (a) A tax return preparer who prepares any return that is submitted to the tax administrator must comply with all state laws and all applicable regulations promulgated by the tax administrator.
(b) A tax return preparer must sign and include his/her Preparer Tax Identification Number on all returns prepared and filed with the Division of Taxation.
44-68-4. Civil Penalties. -- (a) Failure To Be Diligent in Determining Eligibility for or Amount of Earned Income Credit. Upon a determination by the tax administrator that a tax return preparer prepared a return(s) and failed to comply with due diligence requirements imposed by regulations issued by the tax administrator with respect to determining eligibility for, or the amount of, the credit allowable by section 44-30-2.6(c)(2)(N), the tax return preparer shall pay a penalty of five hundred dollars ($500) for each such return and/or claim.
(b) Failure To Be Diligent in Determining Eligibility for Property Tax Relief Credit. Upon a determination by the tax administrator that a tax return preparer prepared a return(s) and failed to comply with due diligence requirements imposed by regulations issued by the tax administrator with respect to determining eligibility for, or the amount of, the property tax relief credit allowable by section 44-33-1 et seq., the tax return preparer shall pay a penalty of five hundred dollars ($500) for each such return.
(c) Tax Return Preparer Civil Penalties. Upon a determination by the tax administrator that a tax return preparer willfully prepared, assisted in preparing, or caused the preparation of a return(s) filed with the division of taxation with intent to wrongfully obtain a property tax relief credit or with the intent to evade or reduce a tax obligation, the tax return preparer shall be liable for a penalty of one thousand dollars ($1,000), or five hundred ($500) for each return so filed during any calendar year, whichever is greater.
(d) The tax administrator may suspend or revoke the privilege of a tax return preparer to prepare and/or file returns with the division of taxation upon a determination that the tax return preparer has failed to comply with or violated any provision of this section, any regulations issued by the tax administrator, or with any provision of any other laws relative to the preparation of tax returns. Any tax return preparer receiving a notice of intent to suspend or revoke the privilege to file tax returns with the division of taxation may request a hearing on the notice of intent to suspend or revoke; provided that said request for a hearing must be made within thirty (30) days of such notice to suspend or revoke. If, after hearing, the tax return preparer is aggrieved by a decision of the tax administrator (or his or her designated hearing officer), the tax return preparer may, within thirty (30) days after notice of the decision is sent to the tax return preparer by certified or registered mail, directed to their last known address, petition the sixth division of the district court pursuant to chapter 8 of title 8, setting forth the reasons why the decision is alleged to be erroneous and praying for relief therefrom.
44-68-5. Criminal Penalties. -- Any tax return preparer who has previously been assessed a penalty by the tax administrator under section 44-68-4(c) who is found by a court of competent jurisdiction to have thereafter willfully prepared, assisted in preparing, or caused a preparation of another false tax return or claim for refund which was filed with the division of taxation with the intent to wrongfully obtain a property relief credit or the intent to wrongfully evade or reduce a tax obligation shall be guilty of a felony and, on conviction, shall be subject to a fine not exceeding fifty-thousand dollars ($50,000) or imprisonment not exceeding five (5) years or both.
44-68-6. Regulations. -- The tax administrator shall promulgate rules and regulations in order to implement the provisions of this chapter.
44-68-7. Severability. -- If any provision of this chapter or the application of this chapter to any tax return preparer is held invalid, the remainder of this chapter and the application of the provisions to other tax return preparers or circumstances shall not be affected.
SECTION 7. Section 28-21-16 of the General Laws entitled "Hazardous Substances Right to Know Act - Funding" is hereby amended to read as follows:
28-21-16. Funding -- Contracts for services -- Exemption for copiers --
Appeals. -- (a) The director of labor and training shall determine which
employers are subject to the provisions of this chapter. and shall assess and
collect an annual assessment of forty-two dollars ($42.00) which shall be
levied against all those employers, which result in the funding for the
implementation of this chapter. The employer shall be obligated to pay the
assessment. No employer shall be exempt from the provisions of this
chapter unless and until a request for exemption is filed and approval is
granted; provided that public and private libraries shall be exempted exempt from this requirement. The funds shall be deposited as general revenue.
(b) The director of labor and training may contract with qualified agencies and/or parties for technical services performed in conjunction with this chapter.
(c) The director of labor and training shall exempt from this chapter all employers whose contact with the designated substances is entirely limited to copier machine powders or liquids where the exposure is incidental to the business operation.
(d) Any employer who contests the determination of the director may appeal the determination under the provisions set forth in sections 28-20-19 and 28-20-20.
SECTION 8. Section 3-10-1 of the General Laws in Chapter 3-10 entitled "Taxation of Beverages" is hereby amended to read as follows:
3-10-1. Manufacturing tax rates -- Exemption of religious uses. -- (a)
There shall be assessed and levied by the tax administrator on all beverages
manufactured, rectified, blended, or reduced for sale in this state a tax of three dollars ($3.00) three
dollars and thirty cents ($3.30) on every thirty-one (31) gallons,
and a tax at a like rate for any other quantity or fractional part. On any
beverage manufactured, rectified, blended, or reduced for sale in this state
consisting in whole or in part of wine, whiskey, rum, gin, brandy spirits,
ethyl alcohol, or other strong liquors (as distinguished from beer or other
brewery products) the tax to be assessed and levied is as follows:
(1) Still wines (whether fortified or not), sixty cents ($.60) one
dollar and forty cents ($1.40) per gallon;
(2) Still wines (whether fortified or not) made entirely from fruit grown in this state, thirty cents ($.30) per gallon;
(3) Sparkling wines (whether fortified or not), seventy five cents ($.75) per gallon;
(4) Whiskey, rum, gin, brandy spirits, cordials, and other
beverages consisting in whole or in part of alcohol which is the product of
distillation, three dollars and seventy-five cents
($3.75) five dollars and forty cents
($5.40) per gallon, except that whiskey, rum, gin, brandy spirits,
cordials, and other beverages consisting in whole or in part of alcohol which
is the product of distillation but which contains alcohol measuring thirty (30)
proof or less, one dollar and ten cents ($1.10) per gallon;
(5) Ethyl alcohol to be used for beverage purposes, seven dollars and fifty cents ($7.50) per gallon; and
(6) Ethyl alcohol to be used for nonbeverage purposes, eight cents ($.08) per gallon.
(b) Sacramental wines are not subject to any tax if sold directly to a member of the clergy for use by the purchaser, or his or her congregation for sacramental or other religious purposes.
(c) A brewer who brews beer in this state which is actively and directly owned, managed, and operated by an authorized legal entity which has owned, managed, and operated a brewery in this state for at least twelve (12) consecutive months, shall receive a tax exemption on the first one hundred thousand (100,000) barrels of beer that it produces and distributes in this state in any calendar year. A barrel of beer is thirty one (31) gallons.
SECTION 9. Section 3-10-5 of the General Laws in Chapter 3-10 entitled "Taxation of Beverages" is hereby amended to read as follows:
3-10-5. Information supplemental to returns -- Audit of books. -- (a) The tax administrator may at any time request further information from any person or from the officers and employees of any corporation which he or she may deem necessary to verify, explain or correct any return made in pursuance of the provisions of this chapter, and for the like purpose the administrator or his or her authorized agent may examine the books of account of that person or corporation during business hours.
(b) Each Class A licensee authorized to sell intoxicating beverages at wholesale or retail in this state shall file an annual report on or before February 1 with the division of taxation in the form required by the tax administrator. Such report shall included, but not limited to, total sales of alcoholic beverages, sales tax and excise tax collections on such sales for immediately preceding calendar year. Annually, on or before May 1, the tax administrator shall prepare and submit to the chairs of house and senate finance committees a report reflecting data from the annuals reports submitted by said licensee to the division of taxation. The tax administrator's report shall compile total sales of alcoholic beverages, sales tax and excise tax collections by county.
SECTION 10. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled "Video Lottery Terminal" is hereby amended to read as follows:
42-61.2-7. Division of revenue. [Effective June 30, 2011.] -- (a) Notwithstanding the provisions of section 42-61-15, the allocation of net terminal income derived from video lottery games is as follows:
(1) For deposit in the general fund and to the state lottery division fund for administrative purposes: Net terminal income not otherwise disbursed in accordance with subdivisions (a)(2) -- (a)(6) herein;
(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally allocated to the distressed communities as defined in section 45-13-12 provided that no eligible community shall receive more than twenty-five percent (25%) of that community's currently enacted municipal budget as its share under this specific subsection. Distributions made under this specific subsection are supplemental to all other distributions made under any portion of general laws section 45-13-12. For the fiscal year ending June 30, 2008 distributions by community shall be identical to the distributions made in the fiscal year ending June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30, 2009, the total state distribution shall be the same total amount distributed in the fiscal year ending June 30, 2008 and shall be made from general appropriations. For the fiscal year ending June 30, 2010, the total state distribution shall be the same total amount distributed in the fiscal year ending June 30, 2009 and shall be made from general appropriations, provided however that $784,458 of the total appropriation shall be distributed equally to each qualifying distressed community. For each of the fiscal years ending June 30, 2011, June 30, 2012, and June 30, 2013 seven hundred eighty-four thousand four hundred fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to each qualifying distressed community.
(ii) Five one hundredths of one percent (0.05%) up to a maximum of five million dollars ($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of section 44-33-2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be less than the prior fiscal year.
(iii) One and twenty-two one hundredths of one percent (1.22%) to fund section 44-34.1-1, entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event shall the exemption in any fiscal year be less than the prior fiscal year.
(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent (0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008 distributions by community shall be identical to the distributions made in the fiscal year ending June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30, 2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010 and thereafter, funding shall be determined by appropriation.
(2) To the licensed video lottery retailer:
(a) (i) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-six percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars ($384,996);
(ii) On and after the effective date of the NGJA Master Contract, to the licensed video lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars ($384,996).
(iii) Effective July 1, 2013, provided
that the referendum measure authorized by Section 1 of Chapters 24 and 25 of
the Public Laws of 2012 is approved statewide and in the City of Newport and
provided further that Newport Grand commences and continues to offer table
games, the rate of net terminal income payable to Newport Grand, LLC under the
Newport Grand Master Contract shall increase by one and one half percentage
(1.5%) points. Effective July 1, 2013
the rate of net terminal income payable to Newport Grand, LLC under the Newport
Grand Master Contract shall increase by two and one quarter percent (2.25%)
points. The increase herein shall sunset and expire on June 30, 2015 and the
rate in effect as of June 30, 2013 shall be reinstated.
(b) (i) Prior to the effective date of the UTGR Master Contract, to the present licensed video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven thousand six hundred eighty-seven dollars ($767,687);
(ii) On and after the effective date of the UTGR Master Contract, to the licensed video lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars ($767,687).
(3) (i) To the technology providers who are not a party to the GTECH Master Contract as set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net terminal income of the provider's terminals; in addition thereto, technology providers who provide premium or licensed proprietary content or those games that have unique characteristics such as 3D graphics, unique math/game play features or merchandising elements to video lottery terminals may receive incremental compensation, either in the form of a daily fee or as an increased percentage, if all of the following criteria are met:
(A) A licensed video lottery retailer has requested the placement of premium or licensed proprietary content at its licensed video lottery facility;
(B) The division of lottery has determined in its sole discretion that the request is likely to increase net terminal income or is otherwise important to preserve or enhance the competiveness of the licensed video lottery retailer;
(C) After approval of the request by the division of lottery, the total number of premium or licensed propriety content video lottery terminals does not exceed ten percent (10%) of the total number of video lottery terminals authorized at the respective licensed video lottery retailer; and
(D) All incremental costs are shared between the division and the respective licensed video lottery retailer based upon their proportionate allocation of net terminal income. The division of lottery is hereby authorized to amend agreements with the licensed video lottery retailers, or the technology providers, as applicable, to effect the intent herein.
(ii) To contractors who are a party to the Master Contract as set forth and referenced in Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;
(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted proportionately from the payments to technology providers the sum of six hundred twenty-eight thousand seven hundred thirty-seven dollars ($628,737);
(4) (A) To the city of Newport one and one hundredth percent (1.01%) of net terminal income of authorized machines at Newport Grand, except that:
(i) Effective November 9, 2009 until June 30, 2013, the allocation shall be one and two tenths percent (1.2%) of net terminal income of authorized machines at Newport Grand for each week the facility operates video lottery games on a twenty-four (24) hour basis for all eligible hours authorized, and
(ii) Effective July 1, 2013, provided that the referendum measure authorized by Section 1 of Chapters 24 and 25 of the Public Laws of 2012 is approved statewide and in the City of Newport, the allocation shall be one and forty-five hundredths percent (1.45%) of net terminal income of authorized video lottery terminals at Newport Grand; and
(B) To the town of Lincoln one and twenty-six hundredths percent (1.26%) of net terminal income of authorized machines at Twin River except that,
(i) Effective November 9, 2009 until June 30, 2013, the allocation shall be one and forty-five hundredths percent (1.45%) of net terminal income of authorized machines at Twin River for each week video lottery games are offered on a twenty-four (24) hour basis for all eligible hours authorized, and
(ii) Effective July 1, 2013, provided that the referendum measure authorized by Article 25, Chapter 151, Section 4 of the Public Laws of 2011 is approved statewide and in the Town of Lincoln, the allocation shall be one and forty-five hundredths percent (1.45%) of net terminal income of authorized video lottery terminals at Twin River; and
(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net terminal income of authorized machines at Lincoln Park up to a maximum of ten million dollars ($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a Tribal Development Fund to be used for the purpose of encouraging and promoting: home ownership and improvement, elderly housing, adult vocational training; health and social services; childcare; natural resource protection; and economic development consistent with state law. Provided, however, such distribution shall terminate upon the opening of any gaming facility in which the Narragansett Indians are entitled to any payments or other incentives; and provided further, any monies distributed hereunder shall not be used for, or spent on previously contracted debts; and
(6) Unclaimed prizes and credits shall remit to the general fund of the state; and
(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)(6) shall be made on an estimated monthly basis. Payment shall be made on the tenth day following the close of the month except for the last month when payment shall be on the last business day.
(b) Notwithstanding the above, the amounts payable by the Division to UTGR related to the Marketing Program shall be paid on a frequency agreed by the Division, but no less frequently than annually.
(c) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the Director is authorized to fund the Marketing Program as described above in regard to the First Amendment to the UTGR Master Contract.
(d) Notwithstanding the above, the amounts payable by the Division to Newport Grand related to the Marketing Program shall be paid on a frequency agreed by the Division, but no less frequently than annually.
(e) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the Director is authorized to fund the Marketing Program as described above in regard to the First Amendment to the Newport Grand Master Contract.
(f) Notwithstanding the provisions of section 42-61-15, the allocation of Net Table Game Revenue derived from Table Games at Twin River is as follows:
(1) For deposit into the state lottery fund for administrative purposes and then the balance remaining into the general fund:
(i) Sixteen percent (16%) of Net Table Game Revenue, except as provided in subsection (f)(1)(ii);
(ii) An additional two percent (2%) of Net Table Game Revenue generated at Twin River shall be allocated starting from the commencement of Table Game activities by such Table Game Retailer, and ending, with respect to such Table Game Retailer, on the first date that such Table Game Retailer's net terminal income for a full State fiscal year is less than such Table Game Retailer's net terminal income for the prior State fiscal year, at which point this additional allocation to the State shall no longer apply to such Table Game Retailer.
(2) To UTGR, Net Table Game Revenue not otherwise disbursed pursuant to above subsection (f)(1); provided, however, on the first date that such Table Game Retailer's net terminal income for a full State fiscal year is less than such Table Game Retailer's net terminal income for the prior State fiscal year, as set forth in subsection (f)(1)(ii) above, one percent (1%) of this Net Table Game Revenue shall be allocated to the town of Lincoln for four (4) consecutive State fiscal years.
(g) Notwithstanding the provisions of section 42-61-15, the allocation of Net Table Game Revenue derived from Table Games at Newport Grand is as follows:
(1) For deposit into the state lottery fund for administrative purposes and then the balance remaining into the general fund: eighteen percent (18%) of Net Table Game Revenue.
(2) To Newport Grand LLC, Net Table Game Revenue not otherwise disbursed pursuant to above subsection (g)(1) provided, however, on the first date that such Table Game Retailer's net terminal income for a full State fiscal year is less than such Table Game Retailer's net terminal income for the prior State fiscal year, one percent (1%) of this Net Table Game Revenue shall be allocated to the city of Newport for four (4) consecutive State fiscal years.
SECTION 11. Section 44-23-5 of the General Laws in Chapter 44-23 entitled "Estate and Transfer Taxes - Enforcement and Collection" is hereby amended to read as follows:
44-23-5. Appraisal of estate. – (a) If any statement filed in accordance with the provisions of this chapter is considered to be an erroneous or incomplete statement of the property, real, tangible personal, intangible personal, or of any part of the property, of the decedent, the tax administrator shall give notice to the executor, administrator, heir-at-law, beneficiary, or trustee filing the statement, to appear before the tax administrator for the purpose of examination of and concerning the statement, and concerning all matters appertaining to the estate and the value of the estate of the decedent; and if the executor, administrator, heir-at-law, beneficiary, or trustee fails to appear after due notice, or if after appearance and examination of the executor, administrator, heir-at-law, beneficiary, or trustee the tax administrator still considers the statement to be an erroneous or incomplete statement, or if the executor, administrator, heir-at-law, beneficiary, or trustee refuses or neglects to answer the questions propounded in reference to the statement, the tax administrator may appraise the estate. The tax administrator shall give notice by mail to the executor, administrator, heir-at-law, beneficiary, or trustee and to all persons known to have a claim or interest in the estate or property to be appraised, of the time and place of the appraisal, and the tax administrator or his or her authorized agent shall at that time and place appraise the estate or property at its full and fair cash value as prescribed in this section; and for that purpose the tax administrator is authorized to issue subpoenas and to compel the attendance of witnesses and to take the evidence of the witnesses under oath if necessary, concerning the estate or property and the value of the estate, and the witnesses shall receive the same fees as those now paid to witnesses subpoenaed to attend the superior court. From the appraisal and other proof relating to the estate or property, the tax administrator determines the full and fair cash value of the estate or property upon which all taxes imposed by chapter 22 of this title are computed and the amount of taxes to which it is liable. If no appraisal is made as provided in this section, the tax administrator may determine the value of the property upon which all the taxes are computed and the amount of taxes to which it is liable.
(b) Notwithstanding the provisions of subsection 44-23-5(a), all farmland, as such term is defined in section 44-27-2, included as part of an estate for purposes of this section and utilized by the executor, administrator, heir-at-law, beneficiary or trustee as farmland, shall be appraised at its use value according to applicable federal and state law and not at its full and fair cash value.
SECTION 12. Section 8-18-2 of the General Laws in Chapter 8-18 entitled "State and Municipal Court Compact" is hereby amended to read as follows:
8-18-2. Universal summons. -- All state agencies and municipalities
which have law enforcement powers shall be issued and authorized a form for
summons and complaint to be used for all violations specified in chapters 27, and 41.1 and 41.2 of title 31 and no other summons shall
be substituted except as provided by section 31-12-12. All fines, assessments,
fees, and other financial charge or any other responsibility not changed by the
following shall be deemed enforceable even when the summons is issued by a
municipality and adjudicated by a municipal court, or issued by state agencies
or a municipality without a court and adjudicated by the traffic tribunal. All
summonses once issued must be recorded by the traffic tribunal prior to a
hearing, arraignment, or trial. If the summons is answered by payment without
personal appearance pursuant to section 31-41.1-2, it shall be recorded by the
traffic tribunal upon return from the financial institution.
SECTION 13. Sections 31-41.2-4 and 31-41.2-5 of the General Laws in Chapter 31-41.2 entitled "Automated Traffic Violation Monitoring Systems" are hereby amended to read as follows:
31-41.2-4. Procedure -- Notice. -- (a) Except as expressly provided in
this chapter, all prosecutions based on evidence produced by an automated
traffic violation detection system shall follow the procedures established in
chapter 41.1 of this title, chapter 8-18 of these general laws, except the provision providing for payments to the state
in sections 8-18-4 and 8-18-6, and the rules promulgated by the
chief magistrate of the traffic tribunal for the hearing of civil traffic
violations. Citations A summons may be issued by an officer solely
based on evidence obtained by use of an automated traffic violation detection
system. All citations summons issued based on evidence obtained from an
automated traffic violation detection system shall be issued within fourteen
(14) days of the violation.
(b) Notwithstanding any rule, regulation, or other provision of the general or public laws to the contrary, no city or town shall be required to make payments to the state in implementing any provision of this chapter until July 1, 2013.
(b)(c) It shall be sufficient to commence a
prosecution based on evidence obtained from an automated traffic violation
detection system that a copy of the citation
summons and supporting documentation be
mailed to the address of the registered owner kept on file by the registry of
motor vehicles pursuant to section 31-3-34 of these general laws. For purposes
of this section, the date of issuance shall be the date of mailing.
(c)(d) The officer issuing the citation summons
shall certify under penalties of perjury that the evidence obtained from the
automated traffic violation detection system was sufficient to demonstrate a
violation of the motor vehicle code. Such certification shall be sufficient in
all prosecutions pursuant to this chapter to justify the entry of a default
judgment upon sufficient proof of actual notice in all cases where the citation summons
is not answered within the time period permitted.
(d)(e) The citation
summons shall contain all the information provided for on the uniform summons
as referred to in section 31-41.1-1 of the general laws and the rules of
procedure promulgated by the chief magistrate of the traffic tribunal subject
to the approval of the supreme court pursuant to section 8-6-2.
(e)(f) In addition to the information in the uniform summons, the following information
shall be attached to the citation summons:
(1) Copies of two (2) or more photographs, or microphotographs, or other recorded images taken as proof of the violation; and
(2) A signed statement by a trained law enforcement officer that, based on inspection of recorded images, the motor vehicle was being operated in violation of section 31-13-4 of this subtitle; and
(3) A statement that recorded images are evidence of a violation of this chapter; and
(4) A statement that the person who receives a summons under this chapter may either pay the civil penalty in accordance with the provisions of section 31-41.1-3, or elect to stand trial for the alleged violation.
31-41.2-5. Hearings. -- Evidence from an automated traffic violation
detection system shall be considered substantive evidence in the prosecution of
all civil traffic violations. Evidence from an automated traffic violation
detection system approved by the director of transportation shall be admitted
without further authentication and such evidence may be deemed sufficient to
sustain a civil traffic violation. In addition to any other defenses as set
forth herein, any and all defenses cognizable at law shall be available to the
individual who receives the citation summons commencing a prosecution under this
chapter.
SECTION 14. Section 44-62-3 of the General Laws in Chapter 44-62 entitled "Tax Credits for Contributions to Scholarship Organizations" is hereby amended to read as follows:
44-62-3. Application for the tax credit program. -- (a) Prior to the contribution, a business entity shall apply in writing to the division of taxation. The application shall contain such information and certification as the tax administrator deems necessary for the proper administration of this chapter. A business entity shall be approved if it meets the criteria of this chapter; the dollar amount of the applied for tax credit is no greater than one hundred thousand dollars ($100,000) in any tax year, and the scholarship organization which is to receive the contribution has qualified under section 44-62-2.
(b) Approvals for contributions under this section shall be made
available by the division of taxation on a first-come-first-serve basis. The
total aggregate amount of all tax credits approved shall not exceed one million dollars ($1,000,000) one million five hundred thousand dollars ($1,500,000)
in a fiscal year.
(c) The division of taxation shall notify the business entity in writing within thirty (30) days of the receipt of application of the division's approval or rejection of the application.
(d) Unless the contribution is part of a two-year plan, the actual cash contribution by the business entity to a qualified scholarship organization must be made no later than one hundred twenty (120) days following the approval of its application. If the contribution is part of a two-year plan, the first year's contribution follows the general rule and the second year's contribution must be made in the subsequent calendar year by the same date.
(e) The contributions must be those charitable contributions made in cash as set forth in the Internal Revenue Code.
SECTION 15. Section 44-18-30B. of the General Laws in Chapter 44-18 entitled "Sales and Use Taxes - Liability and Computation" is hereby amended to read as follows:
44-18-30B. Exemption from sales tax for sales by writers, composers, artists -- Findings. -- (a) The general assembly makes the following findings of facts:
(1) The downtown area of the city of Providence has been characterized by blighted areas, and dilapidated and abandoned
structures;
(2) As a result, the downtown area has
been designated an economic development zone in order to stop the deterioration
and stimulate economic activity;
(3) The capitol center area of the
city of Providence has become an attractive location, especially with the
construction of the Providence Place Mall;
(4) In order to promote, revitalize
and redevelop the "Old Downtown" area of the city of Providence it is
necessary to provide tax exemptions to this area as it has been designated as
an economic development zone;
(5) In order to promote, revitalize,
and redevelop the "Downtown or other industrial or manufacturing
buildings" located in the City of Pawtucket, it is necessary to provide
tax exemptions to this area as it has been designated as an economic development
zone;
(6) The development of an active
artistic community, including "artists in residence", in this area
would promote economic development, revitalization, tourism, employment
opportunities, and encourage business development by providing alternative
commercial enterprises while in Providence creating a link between the Old
Downtown and the Capital Center Area;
(7) There is a separate artistic
community in the town of Westerly which is important to preserve, promote, and
revitalize, and which is distinct from that in the city of Providence;
(8) There is a separate artistic
community in the city of Woonsocket which is important to promote and
revitalize and which is distinct from that in the cities of Providence and Pawtucket and the town of Westerly;
(9) There is a separate artistic
community in the city of Warwick which is important to preserve, promote, and
revitalize and which is distinct from that in the cities of Providence, Pawtucket, Woonsocket and the town of Westerly;
(10) There are separate artistic
communities in the city of Newport and in the town of Tiverton which are
important to promote and revitalize and which are distinct from those in the
cities of Providence, Pawtucket, Warwick and Woonsocket and the towns of
Westerly and Little Compton;
(11) There is a separate artistic
community in the town of Warren which is important to promote and revitalize
and which is distinct from that in the cities of Providence, Pawtucket, Newport, Warwick and Woonsocket and the towns of Westerly and Tiverton.
(1) The arts and culture are a significant asset for Rhode Island, one which generates revenue through increased tourism and economic activity, creates jobs and economic opportunities, revitalizes communities adding to quality of life and property values, and fosters creativity, innovation, and entrepreneurship.
(2) Since 1998 the establishment of arts districts where "one-of-a-kind limited production" works of art may be sold exempt from state sales tax has resulted in an increased presence for the arts in designated cities and towns, with benefits to those communities and to the state.
(3) Since the establishment of arts districts, many communities have sought legislation to expand the program to their city or town.
(4) There is value in expanding the arts district program statewide, providing incentives for the sale and purchase of art. This is a unique opportunity for Rhode Island to shape history, and gain an advantage over other states, by becoming the first and only state in the country to declare a statewide sales tax exemption on art. This will strengthen Rhode Island's identity as an arts-friendly destination and "State of the Arts".
(b) (1) This section only applies to sales by writers, composers
and artists residing in and conducting a business within the state of Rhode Island. a section of the defined economic development zone in the
cities of Providence or Pawtucket, or the defined economic development zone in
the town of Westerly or the defined economic zone in the city of Woonsocket, or
the defined economic zone in the city of Warwick, or in those areas within the
city of Newport, and the town of Little Compton, which are zoned "general
business," "waterfront business," or "limited
business" or have been designated by the city of Newport as part of the
arts district, or in those areas of the town of Warren which are zoned
"waterfront district," "special district," "village
business district," "manufacturing district," "business
district" or "Warren historic district," or in those areas of
the town of Tiverton which are zoned "business commercial,"
"business waterfront" or "village commercial."
For the purposes of this section, a "work" means an original and
creative work, whether written, composed or executed for "one-of-a-kind
limited" production and which falls into one of the following categories:
(i) A book or other writing;
(ii) A play or the performance of said play;
(iii) A musical composition or the performance of said composition;
(iv) A painting, print, photograph or other like picture;
(v) A sculpture;
(vi) Traditional and fine crafts;
(vii) The creation of a film or the acting within the film;.
(viii) The creation of a dance or the performance of the dance.
(2) For the purposes of this section, a "work" includes any product generated as a result of any of the above categories.
(3) For the purposes of this section, a "work" does not apply to any piece or performance created or executed for industry oriented, commercial or related production.
(c) (1) This section applies to sales by any individual:
(i) Who is a resident of and has a principal place of business
situated in the state of Rhode Island. section of the economic development zone designated as the
arts and entertainment district in the downtown area of the city of Providence
or in the city of Pawtucket, or the defined economic development zone in the
town of Westerly or the defined economic zone in the city of Woonsocket, or the
defined economic zone in the city of Warwick, or who is a resident of and has a
principal place of business situated in those areas within the city of Newport
or the town of Little Compton, which are zoned "general business,"
"waterfront business," or "limited business," or have been
designated by the city of Newport as part of the arts district, or who is a
resident of and has a principal place of business situated in those areas
within the town of Warren which are zoned "waterfront district,"
"special district," "village business district,"
"manufacturing district," "business district" or
"Warren historic district," or who is a resident or has a principal
place of business situated in those areas within the town of Tiverton which are
zoned "business commercial," "business waterfront" or
"village commercial." For the purposes of this section, the
Providence arts and entertainment district in Providence is defined as the area
bounded by Pine Street to the southeast, Dorrance Street to the northeast,
Sabin Street to the northwest and Empire Street to the southwest. Said
Providence arts and entertainment district also includes the area beginning at
the point of intersection of Acorn Street and Harris Avenue, then turning east
onto Atwells Avenue to Service Road 7, then turning southerly onto Service Road
7 to Westminster Street, then turning westerly onto Westminster Street,
continuing until Bridgham, then turning south onto Bridgham to Cranston Street,
then turning southwesterly onto Cranston Street, then continuing to Messer
Street, then turning north onto Messer Street to Westminster Street, turning
west onto Westminster Street to US Hwy 6 off ramp, then heading west on US Hwy
6 to Sheridan Street, then heading northeast on Sheridan Street to Aleppo
Street, then turning southeast along Aleppo Street to Pelham Street, then
heading northeast on Pelham Street to Manton Avenue, then continuing southeast
on Manton Avenue until Delaine Street, then heading northeast on Delaine Street
until Appleton Street, then continuing northwesterly on Appleton Street until
Bowdoin Street, then heading north on Bowdoin Street until Barstow Street, then
heading east on Barstow until Valley Street, then heading northeast on Valley
Street to Hemlock Street, then turning southeast on Hemlock Street until
Promenade Street, then heading east on Promenade Street to Acorn Street, then
heading south on Acorn Street to the intersection of Acorn Street and Harris
Avenue. The named streets are included in the Providence district; and in
Pawtucket is defined as the area beginning at the point of intersection of
Dexter Street and the Central Falls line, then east along the Central Falls
line to the Blackstone River, then north along the city boundary on the
Blackstone River to the Cumberland line, then west along the Pawtucket city
boundary line to I-95, then south along I-95 to Pine Street, then north on Pine
Street to AMTRAK Right of Way, then northwest along the AMTRAK Right of Way to
Dexter Street, then north on Dexter Street to the Central Falls line. The named
streets are included in the district. The Westerly arts and entertainment
district is defined as assessor's plat 56, lots 1 through 24, lot 48, lots 50
through 62, and lots 71 through 82, and assessors plat 66, lots 22 through 26,
and lots 29 through 36 the Woonsocket arts and entertainment district is
defined as the area beginning at a point of land on the southwest bank of the
Blackstone River abutting the bridge for the Providence & Worcester
Railroad and proceeding northerly to a point at the intersection of Worrall
Street, Clinton Street and Harry S. Truman Drive, then proceeding northwesterly
along Worrall Street to its intersection with Social Street, then turning
westerly on Social Street proceeding to its intersection with Main Street,
Blackstone Street and North Main Street, then turning northwesterly and proceeding
along Blackstone Street to its intersection with River Street, then turning
northerly and proceeding along River Street to its intersection with the
north/east bank of Blackstone River, then following the riverbank southerly to
the bridge at Bernon Street and turning easterly crossing the Blackstone River
via Bernon Street and proceeding to its intersection with Front Street, then
turning northeasterly on Front Street and proceeding to its intersection with
Hamlet Avenue, and to include the former courthouse on the southerly side of
Front Street at its intersection with Hamlet Avenue, then turning easterly on
Hamlet Avenue and proceeding to its intersection with Manville Road, then
turning southeasterly on Manville Road and proceeding to its intersection with
Davison Avenue, then turning northeasterly on Davison Avenue and proceeding to
a point on the south/west bank of the Blackstone River, then turning northerly,
following the southerly riverbank to the point of beginning. The abovementioned
streets are included in the district. The Warwick arts district is defined as
that area known as Pontiac Village, beginning on Route 5 at the
Warwick/Cranston municipal boundary, then south to the intersection of Route 5
and the Pawtuxet River, then following the Pawtuxet River in an easterly and
northerly direction to the municipal boundary in the vicinity of Knight Street,
then from the intersection of Knight Street and the municipal boundary westerly
along the Warwick/Cranston municipal boundary to the intersection of Route 5
and Greenwich Avenue. The above named streets are included in the district.
(ii) Who is determined by the tax administrator in consultation with the Rhode Island council on the arts, after consideration of any evidence he or she deems necessary or which is submitted to him or her by the individual, to have written, composed, or executed, either solely or jointly, a work or works which would fall into one of the categories listed in subsection (b)(1).
(2) This section also applies to sales by any other gallery
located in the state of Rhode Island. arts and entertainment district described in subsection
(c)(1)(i) as well as any other arts and entertainment district designated by
the general assembly, as well as to sales by any other gallery located in those
areas within the city of Newport, or the town of Little Compton, which are
zoned "general business," "waterfront business," or
"limited business" or have been designated by the city of Newport as
part of the arts district, as well as to sales by any other gallery located in
those areas within the town of Warren which are zoned "waterfront
district," "special district," "village business
district," "manufacturing district," "business district"
or "Warren historic district," as well as to sales by any other
gallery located in those areas within the town of Tiverton which are zoned
"business commercial," "business waterfront" or
"village commercial."
(3) The tax administrator shall not make a determination unless:
(i) The individual(s) concerned duly make(s) an application to the tax administrator for the sales tax exemption which applies to the works defined in this section; and
(ii) The individual has complied and continues to comply with any and all requests made by the tax administrator.
(d) Any individual to whom this section applies and who makes an
application to the tax administrator is entitled to a sales tax exemption for
the sale of a work or works sold from the individual's business located in the economic development zone State of Rhode Island which would, apart from
this section, be subject to the tax rate imposed by the state of Rhode Island.
(e) When an individual makes a request for the exemption, the tax administrator is entitled to all books, documents, or other evidence relating to the publication, production or creation of the works that may be deemed necessary by the tax administrator for the purposes of the exemption. The time period in which to provide this information is in the sole discretion of the tax administrator and specified in the notice.
(f) In addition to the information required in subsection (e), the tax administrator may require the individual(s) to submit an annual certified accounting of the numbers of works sold, the type of work sold, and the date of the sale. Failure to file this report may, in the sole discretion of the tax administrator, terminate the individual's eligibility for the exemption.
(g) Any person storing, using, or otherwise consuming in this state any work or works which is deemed to be exempt from the sales tax pursuant to this section is not liable for the use tax on the work or works.
(h) Notwithstanding the provisions of this section, any individual to whom this section may apply shall comply with all the administration, collection, and other provisions of chapters 18 and 19 of this title.
(4) The Rhode Island council on the arts will oversee the transition to a statewide arts district program and work with the state tourism agencies, local chambers of commerce, and advertising/marketing agencies to promote this program, and will coordinate its efforts with the city and town governments. The Rhode Island council on the arts may request and shall receive from any department, division, board, bureau, commission, or agency of the state any data, assistance, and resources, including additional personnel, that will enable it to properly carry out this program.
(5) The tax administrator, in cooperation with the Rhode Island council on the arts, will gather data to assess the overall impact of the statewide arts district program, and issue an annual report, including, but not be limited to, the impact of the tax exemption on employment, tourism, sales and spending within the arts sector and adjacent businesses, and any other factors that describe the impact of the program.
SECTION 16. Section 1 of this article
shall take effect on January 1, 2014, and shall apply to all assets placed in
service on or after January 1, 2014. Section 2 of this article shall take
effect upon passage and shall apply to tax years beginning on or after January
1, 2014. Section 4 of this article shall take effect July 1, 2013. Section 8 of
this article shall take effect on July 1, 2013 and shall expire on March 31,
2015. Section 15 of this article shall take effect on December 1, 2013 and shall expire on March 31, 2015. The remainder
of this article shall take effect upon passage.
=======
art.010/2/010/1
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ARTICLE 10 AS AMENDED
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2013
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this act, the following general revenue amounts are hereby appropriated out of any money in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2013. The amounts identified for federal funds and restricted receipts shall be made available pursuant to Section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
FY 2013 FY 2013 FY 2013
Enacted Change Final
Administration
Central Management
General Revenues 2,272,523 (124,616) 2,147,907
Office of Digital Excellence 0 399,182 399,182
Federal Funds 0 86,857 86,857
Total - Central Management 2,272,523 361,423 2,633,946
Legal Services General Revenues 2,006,995 (96,761) 1,910,234
Accounts and Control General Revenues 3,815,349 (36,610) 3,778,739
Auditing General Revenues 1,200,000 (63,272) 1,136,728
Office of Management and Budget
General Revenues 3,004,055 78,337 3,082,392
Restricted Receipts 411,460 (27,619) 383,841
Total – Office of Management and Budget 3,415,515 50,718 3,466,233
Purchasing
General Revenues 2,741,468 (191,222) 2,550,246
Federal Funds 69,888 98,290 168,178
Other Funds 294,974 33,304 328,278
Total – Purchasing 3,106,330 (59,628) 3,046,702
Human Resources
General Revenues 8,839,720 (544,158) 8,295,562
Federal Funds 764,973 (23,689) 741,284
Restricted Receipts 427,760 (7,299) 420,461
Other Funds 1,359,348 133,979 1,493,327
Total - Human Resources 11,391,801 (441,167) 10,950,634
Personnel Appeal Board General Revenues 75,036 0 75,036
Facilities Management
General Revenues 32,593,888 (2,024,644) 30,569,244
Federal Funds 1,049,144 (135,890) 913,254
Restricted Receipts 598,202 (63,797) 534,405
Other Funds 3,325,363 240,021 3,565,384
Total – Facilities Management 37,566,597 (1,984,310) 35,582,287
Capital Projects and Property Management
General Revenues 3,040,310 (1,863,021) 1,177,289
Federal Funds – Stimulus 0 100,000 100,000
Restricted Receipts 1,313,144 (1,313,144) 0
Total – Capital Projects and Property
Management 4,353,454 (3,076,165) 1,277,289
Information Technology
General Revenues 20,215,153 233,819 20,448,972
Federal Funds 5,760,616 1,149,605 6,910,221
Restricted Receipts 3,789,803 3,113 3,792,916
Other Funds 2,092,811 22,973 2,115,784
Total – Information Technology 31,858,383 1,409,510 33,267,893
Library and Information Services
General Revenues 933,989 22,310 956,299
Federal Funds 1,319,663 (21,549) 1,298,114
Restricted Receipts 1,895 (201) 1,694
Total - Library and Information Services 2,255,547 560 2,256,107
Planning
General Revenues 3,960,126 (102,581) 3,857,545
Federal Funds 8,684,453 3,364,524 12,048,977
Federal Funds – Stimulus 0 62,788 62,788
Other Funds 4,836,966 479,065 5,316,031
Total - Planning 17,481,545 3,803,796 21,285,341
General
General Revenues
Economic Development Corporation 4,684,403 (78,350) 4,606,053
EDC – Airport Corporation Impact Aid 1,025,000 (16,914) 1,008,086
Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%) of the first $1,000,000 shall be distributed based on the share of landings during the calendar year 2012 at North Central Airport, and Westerly Airport, respectively. The Economic Development Corporation shall make an impact payment to the towns of cities in which the airport is located based on this calculation.
Each community upon which any parts of the above airports are located shall receive at least $25,000.
EDC – EPScore (Research Alliance) 1,150,000 0 1,150,000
Miscellaneous Grants 146,049 0 146,049
Slater Centers of Excellence 1,500,000 0 1,500,000
Torts – Courts 400,000 114,293 514,293
Current Care - Health Information Exchange 450,000 0 450,000
I-195 Commission 3,900,000 0 3,900,000
RI Film and Television Office 305,409 (928) 304,481
Office of Digital Excellence 300,000 (300,000) 0
State Employees/Teachers Retiree Health
Subsidy 2,321,057 0 2,321,057
Resource Sharing and State Library Aid 8,773,398 0 8,773,398
Library Construction Aid 2,471,714 0 2,471,714
Federal Funds 4,345,555 0 4,345,555
Restricted Receipts 421,500 0 421,500
Rhode Island Capital Plan Funds
Statehouse Renovations 4,000,000 (2,959,082) 1,040,918
DoIT Enterprise Operations Center 0 259,287 259,287
Cranston Street Armory 800,000 (650,000) 150,000
Cannon Building 220,000 167,740 387,740
Zambarano Building Rehabilitation 1,200,000 (1,030,000) 170,000
Pastore Medical Center Rehab DOA 1,600,000 700,000 2,300,000
Old State House 500,000 (425,000) 75,000
State Office Building 1,250,000 (465,583) 784,417
Old Colony House 300,000 (115,089) 184,911
William Powers Building 700,000 (237,333) 462,667
McCoy Stadium Repairs 0 325,000 325,000
Fire Code Compliance State Buildings 350,000 0 350,000
Pastore Center Fire Code Compliance 1,100,000 550,000 1,650,000
Pastore Center Utility Systems Upgrade 2,000,000 (700,000) 1,300,000
Pastore Power Plant Rehabilitation 0 199,781 199,781
Replacement of Fueling Tanks 300,000 0 300,000
Environmental Compliance 200,000 31,448 231,448
Big River Management Area 120,000 189,516 309,516
Pastore Center Building Demolition 3,000,000 (1,069,695) 1,930,305
Washington County Government Center 500,000 (89,685) 410,315
Veterans Memorial Auditorium 4,000,000 601,211 4,601,211
Chapin Health Laboratory 1,500,000 (1,500,000) 0
Pastore Center Parking 1,000,000 400,000 1,400,000
Pastore Center Water Tanks 500,000 (468,633) 31,367
Board of Elections New Location 1,000,000 (1,000,000) 0
Renovate Building #81 150,000 (150,000) 0
Pastore Cottages Rehabilitation 100,000 (30,000) 70,000
Health Lab Feasibility Study 175,000 0 175,000
Ladd Center Building Demolition 300,000 1,100,000 1,400,000
I-195 Commission 250,000 0 250,000
Zambarano Wood Chip Boiler 0 750,000 750,000
Ladd Rubble Pile Rehabilitation 0 200,000 200,000
RI Convention Center Authority 0 500,000 500,000
Total – General 59,309,085 (5,198,016) 54,111,069
Debt Service Payments
General Revenues 159,759,567 (3,885,802) 155,873,765
Federal Funds 2,759,328 0 2,759,328
Restricted Receipts 4,454,480 (2,325,000) 2,129,480
Other Funds
RIPTA Debt Service 1,680,844 (1,680,844) 0
Transportation Debt Service 34,317,954 105,435 34,423,389
Investment Receipts – Bond Funds 100,000 0 100,000
COPS - DLT Building – TDI 278,848 0 278,848
Total - Debt Service Payments 203,351,021 (7,786,211) 195,564,810
Energy Resources
Federal Funds 348,685 279,367 628,052
Federal Funds – Stimulus 224,543 4,298,444 4,522,987
Restricted Receipts 4,815,703 66,662 4,882,365
Total – Energy Resources 5,388,931 4,644,473 10,033,404
Rhode Island Health Benefits Exchange Federal Funds 0 28,829,827 28,829,827
Construction Permitting, Approvals and Licensing
General Revenues 0 1,376,072 1,376,072
Restricted Receipts 0 1,349,550 1,349,550
Total – Construction Permitting, Approvals and
Licensing 0 2,725,622 2,725,622
Supplemental Retirement Savings
General Revenues 629,747 0 629,747
Federal Funds 251,899 0 251,899
Restricted Receipts 52,479 0 52,479
Other 115,454 0 115,454
Total – Supplemental Retirement Savings 1,049,579 0 1,049,579
Grand Total – Administration 389,897,691 23,083,789 412,981,480
Business Regulation
Central Management General Revenues 1,145,060 (40,259) 1,104,801
Banking Regulation
General Revenues 1,637,766 (80,237) 1,557,529
Restricted Receipts 125,000 0 125,000
Total - Banking Regulation 1,762,766 (80,237) 1,682,529
Securities Regulation
General Revenues 1,068,375 (203,151) 865,224
Restricted Receipts 15,000 0 15,000
Total - Securities Regulation 1,083,375 (203,151) 880,224
Insurance Regulation
General Revenues 3,916,525 (63,285) 3,853,240
Restricted Receipts 1,284,868 36,518 1,321,386
Total - Insurance Regulation 5,201,393 (26,767) 5,174,626
Office of the Health Commissioner
General Revenues 542,929 (15,347) 527,582
Federal Funds 2,719,081 4,283,134 7,002,215
Restricted Receipts 10,500 0 10,500
Total – Office of the Health Commissioner 3,272,510 4,267,787 7,540,297
Board of Accountancy General Revenues 82,483 (3,019) 79,464
Commercial Licensing, Racing & Athletics
General Revenues 719,111 (29,696) 689,415
Restricted Receipts 460,812 27,375 488,187
Total - Commercial Licensing, Racing &
Athletics 1,179,923 (2,321) 1,177,602
Board for Design Professionals General Revenues 249,799 (1,542) 248,257
Grand Total - Business Regulation 13,977,309 3,910,491 17,887,800
Labor and Training
Central Management
General Revenues 107,310 8,040 115,350
Restricted Receipts 585,938 (4,065) 581,873
Rhode Island Capital Plan Funds
Center General Asset Protection 310,500 (85,110) 225,390
Center General Roof 753,650 7,147 760,797
Total - Central Management 1,757,398 (73,988) 1,683,410
Workforce Development Services
Federal Funds 24,182,172 3,712,125 27,894,297
Restricted Receipts 6,954,831 4,409,369 11,364,200
Total - Workforce Development Services 31,137,003 8,121,494 39,258,497
Workforce Regulation and Safety General Revenues 2,994,552 (31,960) 2,962,592
Income Support
General Revenues 4,370,518 (102,393) 4,268,125
Federal Funds 15,293,809 10,349,279 25,643,088
Federal Funds – Stimulus - UI 72,268,000 40,470,677 112,738,677
Restricted Receipts 1,403,715 773,832 2,177,547
Job Development Fund 18,572,493 19,027,507 37,600,000
Other Funds
Temporary Disability Insurance Fund 181,947,650 (10,260,080) 171,687,570
Employment Security Fund 322,696,493 (6,609,060) 316,087,433
Total - Income Support 616,552,678 53,649,762 670,202,440
Injured Workers Services Restricted Receipts 8,775,718 345,280 9,120,998
Labor Relations Board General Revenues 386,790 (3,956) 382,834
Grand Total - Labor and Training 661,604,139 62,006,632 723,610,771
Department of Revenue
Director of Revenue General Revenues 783,388 107,729 891,117
Office of Revenue Analysis General Revenues 538,285 (60,820) 477,465
Lottery Division
Lottery Funds 232,744,968 5,045,629 237,790,597
RICAP – Lottery Building Renovations 0 400,000 400,000
Total - Lottery Division 232,744,968 5,445,629 238,190,597
Municipal Finance
General Revenues 2,264,780 (292,005) 1,972,775
Central Falls Receivership 300,000 110,502 410,502
Total - Municipal Finance 2,564,780 (181,503) 2,383,277
Taxation
General Revenues 17,904,225 (193,827) 17,710,398
Federal Funds 1,326,098 (64,189) 1,261,909
Restricted Receipts 872,995 (23,406) 849,589
Other Funds
Motor Fuel Tax Evasion 43,382 (150) 43,232
Temporary Disability Insurance 975,730 (59,152) 916,578
Total – Taxation 21,122,430 (340,724) 20,781,706
Registry of Motor Vehicles
General Revenues 18,475,667 (549,903) 17,925,764
Federal Funds 1,124,611 510,810 1,635,421
Restricted Receipts 14,763 0 14,763
Rhode Island Capital Plan Funds
Registry of Motor Vehicles – Forand 0 115,114 115,114
Safety & Emissions Lift Replacement 100,000 50,000 150,000
Total – Registry of Motor Vehicles 19,715,041 126,021 19,841,062
State Aid
General Revenues
Distressed Communities Relief Fund 10,384,458 0 10,384,458
Payment in Lieu of Tax Exempt Properties 33,080,409 2,000,000 35,080,409
Motor Vehicle Excise Tax Payments 10,000,000 0 10,000,000
Property Revaluation Program 1,611,032 0 1,611,032
Municipal Pension Revaluation 0 18,516 18,516
Restricted Receipts
Car Rental Tax/Surcharge – Warwick Share 957,497 0 957,497
Total – State Aid 56,033,396 2,018,516 58,051,912
Grand Total – Revenue 333,502,288 7,114,848 340,617,136
Legislature
General Revenues 37,217,044 3,171,189 40,388,233
Restricted Receipts 1,627,174 (101,591) 1,525,583
Grand Total – Legislature 38,844,218 3,069,598 41,913,816
Lieutenant Governor
General Revenues 962,955 (17,644) 945,311
Federal Funds 129,737 663,368 793,105
Grand Total - Lieutenant Governor 1,092,692 645,724 1,738,416
Secretary of State
Administration General Revenues 1,907,105 89,272 1,996,377
Corporations General Revenues 2,068,731 18,590 2,087,321
State Archives
General Revenues 79,385 11,451 90,836
Restricted Receipts 505,069 (23,472) 481,597
Total - State Archives 584,454 (12,021) 572,433
Elections & Civics
General Revenues 1,900,552 (211,447) 1,689,105
Federal Funds 0 2,566 2,566
Total – Elections and Civics 1,900,552 (208,881) 1,691,671
State Library General Revenues 598,381 2,820 601,201
Office of Public Information General Revenues 358,884 9,601 368,485
Grand Total – Secretary of State 7,418,107 (100,619) 7,317,488
General Treasurer
Treasury
General Revenues 2,096,374 330,114 2,426,488
Federal Funds 316,169 (35,419) 280,750
Restricted Receipts 0 30,000 30,000
Other Funds - Temporary Disability Insurance Fund 251,512 (34,924) 216,588
Total – Treasury 2,664,055 289,771 2,953,826
State Retirement System
General Revenues 311,760 (82,303) 229,457
Restricted Receipts
Admin Expenses - State Retirement System 10,584,330 (1,953,533) 8,630,797
Retirement - Treasury Investment Operations 1,127,961 (54,059) 1,073,902
Total - State Retirement System 12,024,051 (2,089,895) 9,934,156
Unclaimed Property Restricted Receipts 20,733,930 9,964,804 30,698,734
Crime Victim Compensation Program
General Revenues 133,981 36,575 170,556
Federal Funds 843,543 (24,796) 818,747
Restricted Receipts 1,172,000 (29,513) 1,142,487
Total - Crime Victim Compensation Program 2,149,524 (17,734) 2,131,790
Grand Total – General Treasurer 37,571,560 8,146,946 45,718,506
Board of Elections General Revenues 1,952,116 (65,293) 1,886,823
Rhode Island Ethics Commission General Revenues 1,557,881 (27,028) 1,530,853
Office of Governor
General Revenues 4,168,290 (93,280) 4,075,010
Contingency Fund 250,000 0 250,000
Federal Funds 22,163,245 (22,163,245) 0
Grand Total – Office of Governor 26,581,535 (22,256,525) 4,325,010
Commission for Human Rights
General Revenues 1,137,768 (4,639) 1,133,129
Federal Funds 325,992 (19,304) 306,688
Grand Total - Commission for Human Rights 1,463,760 (23,943) 1,439,817
Public Utilities Commission
Federal Funds 110,213 8 110,221
Federal Funds – Stimulus 211,582 26,618 238,200
Restricted Receipts 7,924,913 216,606 8,141,519
Grand Total - Public Utilities Commission 8,246,708 243,232 8,489,940
Office of Health and Human Services
Central Management
General Revenues 25,434,668 (2,227,162) 23,207,506
Federal Funds 74,974,313 5,622,958 80,597,271
Federal Funds – Stimulus 312,000 0 312,000
Restricted Receipts 957,586 369,244 1,326,830
Total – Central Management 101,678,567 3,765,040 105,443,607
Medical Assistance
General Revenues
Managed Care 283,387,147 (22,669,265) 260,717,882
Hospitals 107,337,545 (3,233,736) 104,103,809
Nursing Facilities 173,959,640 (3,897,040) 170,062,600
Home and Community Based Services 35,953,320 3,250,840 39,204,160
Other Services 43,765,745 (3,281,790) 40,483,955
Pharmacy 52,354,074 (1,878,604) 50,475,470
Rhody Health 102,873,564 (12,197,660) 90,675,904
Federal Funds
Managed Care 312,336,604 (16,854,486) 295,482,118
Hospitals 115,542,929 (3,431,013) 112,111,916
Nursing Facilities 184,540,360 (4,102,960) 180,437,400
Home and Community Based Services 38,146,680 3,449,160 41,595,840
Other Services 62,494,368 2,106,677 64,601,045
Pharmacy 1,290,105 (1,967,828) (677,723)
Rhody Health 106,846,436 (12,038,624) 94,807,812
Special Education 18,350,000 650,000 19,000,000
Restricted Receipts 11,515,000 400,000 11,915,000
Total Medical Assistance 1,650,693,517 (75,696,329) 1,574,997,188
Grand Total – Health and
Human Services 1,752,372,084 (71,931,289)1,680,440,795
Children, Youth, and Families
Central Management
General Revenues 4,674,549 346,845 5,021,394
Federal Funds 2,351,311 (176,341) 2,174,970
Restricted Receipts 204,094 (173,488) 30,606
Total - Central Management 7,229,954 (2,984) 7,226,970
Children's Behavioral Health Services
General Revenues 10,077,912 (5,210,648) 4,867,264
Federal Funds 7,524,753 (1,534,861) 5,989,892
Rhode Island Capital Plan Funds
NAFI Center 500,000 178,790 678,790
Mt. Hope Building Facade 275,000 (275,000) 0
Mt. Hope Fire Towers 275,000 (275,000) 0
Mt. Hope Feasibility Study 50,000 0 50,000
Various Repairs and Improvements 195,000 714,000 909,000
Total - Children's Behavioral Health
Services 18,897,665 (6,402,719) 12,494,946
Juvenile Correctional Services
General Revenues 30,203,577 (3,393,371) 26,810,206
Federal Funds 1,250,209 (855,286) 394,923
Federal Funds – Stimulus 21,914 240,543 262,457
Rhode Island Capital Plan Funds
Vocational Building 0 265,900 265,900
Thomas C. Slater Training School
Maintenance Building 535,000 (535,000) 0
Generators - Thomas C. Slater Training School 441,000 0 441,000
Total - Juvenile Correctional Services 32,451,700 (4,277,214) 28,174,486
Child Welfare
General Revenues 96,800,187 7,055,260 103,855,447
18 to 21 Year Olds 10,630,227 486,548 11,116,775
Federal Funds 44,793,059 813,735 45,606,794
18 to 21 Year Olds 2,497,984 (258,014) 2,239,970
Federal Funds – Stimulus 1,061 335,830 336,891
Restricted Receipts 2,621,159 (113,101) 2,508,058
Rhode Island Capital Plan Funds
Fire Code Upgrades 500,000 (149,789) 350,211
Total - Child Welfare 157,843,677 8,170,469 166,014,146
Any expenditures in excess of the State's obligation for the System of Care contracts in place on June 1, 2013 must be approved by the Secretary of the Executive Office of Health and Human Services as to amount and purpose.
Higher Education Incentive Grants General Revenues 200,000 0 200,000
Grand Total - Children, Youth,
and Families 216,622,996 (2,512,448) 214,110,548
Health
Central Management
General Revenues 1,173,946 (280,223) 893,723
Federal Funds 8,355,078 587,454 8,942,532
Restricted Receipts 3,585,881 217,423 3,803,304
Total - Central Management 13,114,905 524,654 13,639,559
State Medical Examiner
General Revenues 2,259,943 33,902 2,293,845
Federal Funds 204,371 (32,367) 172,004
Total - State Medical Examiner 2,464,314 1,535 2,465,849
Environmental and Health Services Regulation
General Revenues 9,145,421 21,560 9,166,981
Federal Funds 5,645,960 421,708 6,067,668
Restricted Receipts 4,422,838 (347,461) 4,075,377
Total - Environmental and Health Services
Regulation 19,214,219 95,807 19,310,026
Health Laboratories
General Revenues 6,300,363 (46,597) 6,253,766
Federal Funds 1,614,851 79,199 1,694,050
Federal Funds - Stimulus 190,052 (82,517) 107,535
Total - Health Laboratories 8,105,266 (49,915) 8,055,351
Public Health Information
General Revenues 1,741,431 156,446 1,897,877
Federal Funds 735,572 1,796,293 2,531,865
Federal Funds - Stimulus 373,442 145,829 519,271
Total – Public Health Information 2,850,445 2,098,568 4,949,013
Community and Family Health and Equity
General Revenues 2,418,974 (149,319) 2,269,655
Federal Funds 43,485,586 2,736,048 46,221,634
Federal Funds - Stimulus 1,098,622 337,161 1,435,783
Restricted Receipts 21,503,877 2,130,061 23,633,938
Other Funds
Safe and Active Commuting 172,000 (45,689) 126,311
Total – Community and Family Health
and Equity 68,679,059 5,008,262 73,687,321
Infectious Disease and Epidemiology
General Revenues 1,781,758 (110,883) 1,670,875
Federal Funds 3,275,445 (310,759) 2,964,686
Federal Funds – Stimulus 36,672 (36,672) 0
Total – Infectious Disease and Epidemiology 5,093,875 (458,314) 4,635,561
Grand Total – Health 119,522,083 7,220,597 126,742,680
Human Services
Central Management
General Revenues 5,052,482 134,852 5,187,334
Federal Funds 5,317,610 64,723 5,382,333
Restricted Receipts 519,347 (76,391) 442,956
Total - Central Management 10,889,439 123,184 11,012,623
Child Support Enforcement
General Revenues 2,305,759 122,720 2,428,479
Federal Funds 6,033,709 70,571 6,104,280
Total – Child Support Enforcement 8,339,468 193,291 8,532,759
Individual and Family Support
General Revenues 20,616,357 (414,784) 20,201,573
Federal Funds 106,054,903 14,863,707 120,918,610
Federal Funds - Stimulus 7,066,062 (1,245,880) 5,820,182
Restricted Receipts 6,680,000 642,171 7,322,171
Rhode Island Capital Plan Funds
Blind Vending Facilities 165,000 (15,000) 150,000
Other Funds
Intermodal Surface Transportation Fund 4,224,184 (69,159) 4,155,025
Food Stamp Bonus Funding 0 259,000 259,000
Total - Individual and Family Support 144,806,506 14,020,055 158,826,561
Veterans' Affairs
General Revenues 19,568,977 76,941 19,645,918
Federal Funds 8,240,954 (385,201) 7,855,753
Restricted Receipts 1,077,762 2,742,055 3,819,817
Total - Veterans' Affairs 28,887,693 2,433,795 31,321,488
Health Care Quality, Financing and Purchasing
General Revenues 8,314,370 (937,040) 7,377,330
Federal Funds 9,523,746 (775,809) 8,747,937
Total - Health Care Quality, Financing and
Purchasing 17,838,116 (1,712,849) 16,125,267
Supplemental Security Income Program General
Revenues 18,240,600 (38,920) 18,201,680
Rhode Island Works
General Revenues Child Care 9,668,635 0 9,668,635
Federal Funds 80,198,485 (1,979,876) 78,218,609
Total – Rhode Island Works 89,867,120 (1,979,876) 87,887,244
State Funded Programs
General Revenues
General Public Assistance 2,572,658 (527,558) 2,045,100
Of this appropriation, $210,000 shall be used for hardship contingency payments.
Federal Funds 299,134,564 (290,862) 298,843,702
Total - State Funded Programs 301,707,222 (818,420) 300,888,802
Elderly Affairs
General Revenues 10,682,842 227,941 10,910,783
Care and Safety of the Elderly 1,287 0 1,287
Federal Funds 18,161,725 (51,250) 18,110,475
Restricted Receipts 833,994 (361,385) 472,609
Total – Elderly Affairs 29,679,848 (184,694) 29,495,154
Grand Total - Human Services 650,256,012 12,035,566 662,291,578
Behavioral Healthcare, Developmental Disabilities, and Hospitals
Central Management
General Revenues 797,214 (8,772) 788,442
Federal Funds 361,940 35,219 397,159
Total - Central Management 1,159,154 26,447 1,185,601
Hospital and Community System Support
General Revenues 2,527,114 (235,307) 2,291,807
Restricted Receipts 505,624 (54,972) 450,652
Rhode Island Capital Plan Funds
Medical Center Rehabilitation 1,000,000 (700,000) 300,000
Community Facilities Fire Code 750,000 (250,000) 500,000
Total - Hospital and Community System
Support 4,782,738 (1,240,279) 3,542,459
Services for the Developmentally Disabled
General Revenues 105,259,461 599,124 105,858,585
Federal Funds 114,862,371 (842,047) 114,020,324
Restricted Receipts 1,776,017 0 1,776,017
Rhode Island Capital Plan Funds
DD Private Waiver 761,351 (552,334) 209,017
Regional Center Repair/Rehabilitation 750,000 (250,000) 500,000
MR Community Facilities/Access to
Independence 1,000,000 (500,000) 500,000
Total - Services for the Developmentally
Disabled 224,409,200 (1,545,257) 222,863,943
Behavioral Healthcare Services
General Revenues 34,859,214 (2,304,217) 32,554,997
Federal Funds 74,430,048 (13,680,964) 60,749,084
Federal Funds – Stimulus 35,000 205,000 240,000
Restricted Receipts 125,000 0 125,000
Rhode Island Capital Plan Funds
MH Community Facilities Repair 300,000 235,143 535,143
MH Housing Development-Thresholds 800,000 0 800,000
MH Residence Furniture 32,000 (29,000) 3,000
Substance Abuse Asset Production 300,000 (200,000) 100,000
Total – Behavioral Healthcare Services 110,881,262 (15,774,038) 95,107,224
Hospital and Community Rehabilitative Services
General Revenues 49,694,992 2,045,877 51,740,869
Federal Funds 44,436,605 3,982,891 48,419,496
Restricted Receipts 4,782,193 43,504 4,825,697
Rhode Island Capital Plan Funds
Zambarano Buildings and Utilities 225,000 (175,000) 50,000
Hospital Consolidation 2,000,000 (1,695,000) 305,000
BHDDH Administrative Buildings 2,000,000 (1,900,000) 100,000
MR Community Facilities 1,300,000 (400,000) 900,000
Total - Hospital and Community
Rehabilitative Services 104,438,790 1,902,272 106,341,062
Grand Total – Behavioral Healthcare,
Developmental Disabilities, and Hospitals 445,671,144 (16,630,855) 429,040,289
Office of the Child Advocate
General Revenues 611,469 (20,805) 590,664
Federal Funds 46,103 (35) 46,068
Grand Total – Office of the Child Advocate 657,572 (20,840) 636,732
Commission on the Deaf and Hard of Hearing General
Revenues 390,251 (8,550) 381,701
Governor's Commission on Disabilities
General Revenues 371,096 (46,675) 324,421
Federal Funds 120,649 94,719 215,368
Restricted Receipts 9,694 (480) 9,214
Rhode Island Capital Plan Funds
Facility Renovation – Handicapped Access 250,000 (250,000) 0
Facility Renovation – Access to Disability
Service Providers 0 50,000 50,000
Grand Total - Governor's Commission on
Disabilities 751,439 (152,436) 599,003
Office of the Mental Health Advocate General Revenues 447,119 (123,812) 323,307
Elementary and Secondary Education
Administration of the Comprehensive Education Strategy
General Revenues 18,967,968 (204,120) 18,763,848
Federal Funds 190,397,563 5,046,403 195,443,966
Federal Funds – Stimulus 20,796,439 (278,134) 20,518,305
Education Jobs Fund 2,390,623 (565,947) 1,824,676
RTTT LEA Share 15,534,615 2,530,636 18,065,251
Restricted Receipts 1,305,190 (98,211) 1,206,979
HRIC Adult Education Grants 3,500,000 0 3,500,000
Statewide Transportation – RIPTA Grant 47,000 (47,000) 0
Rhode Island Capital Plan Funds
Cranston Career and Technical 350,000 1,577,417 1,927,417
Newport Career and Technical 256,638 0 256,638
Warwick Career and Technical 230,000 (194,960) 35,040
Woonsocket Career and Technical 275,000 (218,050) 56,950
Total – Administration of the Comprehensive
Education Strategy 254,051,036 7,548,034 261,599,070
Davies Career and Technical School
General Revenues 13,381,539 0 13,381,539
Federal Funds 1,304,633 80,799 1,385,432
Federal Funds – Stimulus 65,636 293,924 359,560
Restricted Receipts 1,785,901 695,495 2,481,396
Rhode Island Capital Plan Funds
Davies Roof Repair 0 582,247 582,247
Davies HVAC 250,628 463,101 713,729
Davies Asset Protection 425,000 899,652 1,324,652
Total - Davies Career and Technical School 17,213,337 3,015,218 20,228,555
RI School for the Deaf
General Revenues 6,244,881 (81,931) 6,162,950
Federal Funds 266,503 57,886 324,389
Federal Funds – Stimulus 4,194 180,308 184,502
Restricted Receipts 482,261 (132,261) 350,000
Total - RI School for the Deaf 6,997,839 24,002 7,021,841
Metropolitan Career and Technical School
General Revenues 11,648,256 0 11,648,256
Rhode Island Capital Plan Funds
MET School East Bay 3,600,000 1,973,988 5,573,988
MET Asset Protection 0 200,000 200,000
MET School HVAC 833,333 0 833,333
Total – Metropolitan Career and Technical
School 16,081,589 2,173,988 18,255,577
Education Aid
General Revenues 691,078,185 66,367 691,144,552
Restricted Receipts 18,570,516 525,130 19,095,646
Permanent School Fund – Education Aid 183,624 116,376 300,000
Total – Education Aid 709,832,325 707,873 710,540,198
Central Falls School District General Revenues 39,705,879 0 39,705,879
Housing Aid General Revenues 74,568,906 (2,534,528) 72,034,378
Teachers' Retirement General Revenues 79,768,447 (3,693,151) 76,075,296
Grand Total - Elementary and Secondary
Education 1,198,219,358 7,241,436 1,205,460,794
Public Higher Education
Board of Governors/Office of Higher Education
General Revenues 5,860,952 (9,043) 5,851,909
Federal Funds 4,852,615 374,034 5,226,649
Total - Board of Governors/Office of
Higher Education 10,713,567 364,991 11,078,558
University of Rhode Island
General Revenues 58,133,747 (130,030) 58,003,717
State Crime Lab 858,820 (3,161) 855,659
Debt Service 19,160,529 560,474 19,721,003
University and College Funds 603,410,734 (294,359) 603,116,375
Debt – Dining Services 1,140,806 22,001 1,162,807
Debt – Education and General 3,273,434 36,483 3,309,917
Debt – Health Services 149,892 3,001 152,893
Debt – Housing Loan Funds 11,155,852 (787,376) 10,368,476
Debt – Memorial Union 121,514 3,001 124,515
Debt – Ryan Center 2,801,358 (4,907) 2,796,451
Debt – Alton Jones Services 114,650 812 115,462
Debt - Parking Authority 1,017,799 23,848 1,041,647
Debt – Sponsored Research 99,667 1 99,668
Debt – URI Energy Conservation 2,283,588 0 2,283,588
Rhode Island Capital Plan Funds
Asset Protection 7,200,000 2,204,000 9,404,000
New Chemistry Building 1,000,000 0 1,000,000
URI Biotechnology Center 0 1,890,899 1,890,899
Fine Arts Center Renovation 0 400,000 400,000
Total – University of Rhode Island 711,922,390 3,924,687 715,847,077
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2013 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2014.
Rhode Island College
General Revenues 38,609,975 (127,549) 38,482,426
Debt Service 3,049,029 122,237 3,171,266
University and College Funds 113,236,144 (3,783,271) 109,452,873
Debt – Education and General 892,644 0 892,644
Debt – Housing 2,042,304 0 2,042,304
Debt – Student Center and Dining 172,392 0 172,392
Debt – Student Union 232,944 0 232,944
Debt – G.O. Debt Service 1,630,317 0 1,630,317
Rhode Island Capital Plan Funds
Asset Protection 3,075,000 975,965 4,050,965
Infrastructure Modernization 1,000,000 0 1,000,000
New Art Center Advanced Planning 0 597,157 597,157
Total – Rhode Island College 163,940,749 (2,215,461) 161,725,288
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2013 relating to Rhode Island College are hereby reappropriated to fiscal year 2014.
Community College of Rhode Island
General Revenues 44,318,962 (148,982) 44,169,980
Debt Service 2,464,156 (23,886) 2,440,270
Restricted Receipts 702,583 0 702,583
University and College Funds 94,726,694 1,461,099 96,187,793
Debt – Bookstore 29,193 0 29,193
CCRI Debt Service – Energy Conservation 808,025 0 808,025
Rhode Island Capital Plan Funds
Asset Protection 2,050,000 763,941 2,813,941
Fire Code and HVAC 0 211,255 211,255
Total – Community College of RI 145,099,613 2,263,427 147,363,040
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2013 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2014.
Grand Total – Public Higher Education 1,031,676,319 4,337,644 1,036,013,963
RI State Council on the Arts
General Revenues
Operating Support 404,156 0 404,156
Grants 1,161,657 0 1,161,657
Federal Funds 998,794 (244,603) 754,191
Arts for Public Facilities 843,500 743,992 1,587,492
Grand Total - RI State Council on the Arts 3,408,107 499,389 3,907,496
RI Atomic Energy Commission
General Revenues 876,213 (34,463) 841,750
Federal Funds 267,616 (572) 267,044
URI Sponsored Research 283,122 (52,651) 230,471
RICAP - RINSC Parking Lot Repair 50,000 13,171 63,171
Grand Total - RI Atomic Energy Commission 1,476,951 (74,515) 1,402,436
RI Higher Education Assistance Authority
General Revenues
Needs Based Grants and Work Opportunities 5,014,003 142,000 5,156,003
Authority Operations and Other Grants 603,061 (65,397) 537,664
Federal Funds 13,346,283 648,200 13,994,483
Other Funds
Tuition Savings Program – Needs Based Grants
and Work Opportunities 8,000,000 250,000 8,250,000
Tuition Savings Program - Administration 758,802 (472,973) 285,829
Grand Total – RI Higher Education
Assistance Authority 27,722,149 501,830 28,223,979
RI Historical Preservation and Heritage Commission
General Revenues 1,361,801 (96,384) 1,265,417
Federal Funds 836,139 (246,860) 589,279
Restricted Receipts 456,037 (1,846) 454,191
RIDOT – Project Review 0 41,606 41,606
RICAP - Eisenhower House Asset Protection 75,000 25,000 100,000
Grand Total – RI Historical Preservation
and Heritage Commission 2,728,977 (278,484) 2,450,493
RI Public Telecommunications Authority
General Revenues 799,077 0 799,077
Corporation for Public Broadcasting 701,895 (701,895) 0
Grand Total – RI Public Telecommunications
Authority 1,500,972 (701,895) 799,077
Attorney General
Criminal
General Revenues 14,269,909 (337,231) 13,932,678
Federal Funds 1,458,574 1,022,323 2,480,897
Federal Funds – Stimulus 0 104,000 104,000
Restricted Receipts 367,509 2,062,790 2,430,299
Total – Criminal 16,095,992 2,851,882 18,947,874
Civil
General Revenues 4,888,477 (71,032) 4,817,445
Restricted Receipts 4,795,001 (3,985,691) 809,310
Total – Civil 9,683,478 (4,056,723) 5,626,755
Bureau of Criminal Identification
General Revenues 1,209,375 82,647 1,292,022
Federal Funds 25,030 64,520 89,550
Total - Bureau of Criminal Identification 1,234,405 147,167 1,381,572
General
General Revenues 2,708,563 (113,337) 2,595,226
RICAP - Building Renovations and Repairs 287,500 312,500 600,000
Total – General 2,996,063 199,163 3,195,226
Grand Total - Attorney General 30,009,938 (858,511) 29,151,427
Corrections
Central Management
General Revenues 9,261,703 (697,147) 8,564,556
Federal Funds 22,246 860,103 882,349
Federal Funds – Stimulus 0 49,598 49,598
Total – Central Management 9,283,949 212,554 9,496,503
Parole Board
General Revenues 1,331,469 (37,066) 1,294,403
Federal Funds 36,850 4,368 41,218
Total – Parole Board 1,368,319 (32,698) 1,335,621
Custody and Security
General Revenues 115,077,455 3,399,664 118,477,119
Federal Funds 700,125 85,362 785,487
Restricted Receipts 29,758 (29,758) 0
Total – Custody and Security 115,807,338 3,455,268 119,262,606
Institutional Support
General Revenues 15,735,909 (236,507) 15,499,402
Rhode Island Capital Plan Funds
Asset Protection 4,000,000 1,906,014 5,906,014
Maximum – General Renovations 1,100,000 (898,906) 201,094
General Renovations - Women’s 1,850,000 (1,150,000) 700,000
Bernadette Guay Roof 600,000 (565,000) 35,000
Women’s Bath Renovations 1,235,000 (109,184) 1,125,816
ISC Exterior Envelope and HVAC 1,400,000 (820,000) 580,000
Minimum Security Kitchen Expansion 214,600 0 214,600
Medium Infrastructure 1,000,000 (900,000) 100,000
Reintegration Center 0 261,760 261,760
Total - Institutional Support 27,135,509 (2,511,823) 24,623,686
Institutional Based Rehab./Population Management
General Revenues 8,878,408 85,578 8,963,986
Federal Funds 968,461 3,741 972,202
Federal Funds – Stimulus 114,818 111,958 226,776
Restricted Receipts 0 29,758 29,758
Total – Institutional Based Rehab/
Population Management 9,961,687 231,035 10,192,722
Healthcare Services General Revenues 18,476,246 (285,919) 18,190,327
Community Corrections
General Revenues 14,532,087 20,263 14,552,350
Federal Funds 153,088 17,902 170,990
Restricted Receipts 31,639 11,965 43,604
Total – Community Corrections 14,716,814 50,130 14,766,944
Grand Total – Corrections 196,749,862 1,118,547 197,868,409
Judiciary
Supreme Court
General Revenues 25,969,098 (522,121) 25,446,977
Defense of Indigents 3,562,240 0 3,562,240
Federal Funds 220,021 49,644 269,665
Restricted Receipts 1,417,495 1,538,581 2,956,076
Rhode Island Capital Plan Funds
Judicial HVAC 550,000 1,265,959 1,815,959
Judicial Complexes Asset Protection 625,000 953,598 1,578,598
Licht Judicial Complex Restoration 500,000 0 500,000
Murray Judicial Complex Cell Block 0 480,000 480,000
Total - Supreme Court 32,843,854 3,765,661 36,609,515
Judicial Tenure and Discipline General Revenues 113,609 (282) 113,327
Superior Court
General Revenues 21,932,328 (445,008) 21,487,320
Federal Funds 175,025 (31,763) 143,262
Restricted Receipts 508,174 (201,451) 306,723
Total - Superior Court 22,615,527 (678,222) 21,937,305
Family Court
General Revenues 18,044,955 (14,251) 18,030,704
Federal Funds 2,156,933 133,646 2,290,579
Restricted Receipts 704,529 (704,529) 0
Total - Family Court 20,906,417 (585,134) 20,321,283
District Court
General Revenues 11,435,878 (138,593) 11,297,285
Federal Funds 130,128 (73,431) 56,697
Restricted Receipts 285,916 3,193 289,109
Total - District Court 11,851,922 (208,831) 11,643,091
Traffic Tribunal General Revenues 8,191,888 (258,305) 7,933,583
Workers' Compensation Court Restricted Receipts 7,725,081 (31,752) 7,693,329
Grand Total – Judiciary 104,248,298 2,003,135 106,251,433
Military Staff
National Guard
General Revenues 1,516,835 96,130 1,612,965
Federal Funds 12,107,308 2,421,395 14,528,703
Restricted Receipts 300,000 220,000 520,000
Rhode Island Capital Plan Funds
Armory of Mounted Command
Roof Replacement 2,400,000 (244,740) 2,155,260
State Armories Fire Code Compliance 20,250 115,738 135,988
Federal Armories Fire Code Compliance 20,250 0 20,250
Asset Protection 650,000 (395,637) 254,363
Logistics/Maintenance Facilities Fire
Code Comp. 12,500 (9,159) 3,341
Command Readiness Center Addition 850,000 203,891 1,053,891
Burrillville Regional Training Institute 125,000 0 125,000
Camp Fogarty Amory Roof 375,000 0 375,000
Emergency Management Agency 125,000 0 125,000
Hurricane Sandy Cleanup 0 1,500,000 1,500,000
Total - National Guard 18,502,143 3,907,618 22,409,761
Emergency Management
General Revenues 2,031,940 3,795 2,035,735
Federal Funds 21,734,766 19,615,490 41,350,256
Restricted Receipts 181,278 35,612 216,890
Total - Emergency Management 23,947,984 19,654,897 43,602,881
Grand Total - Military Staff 42,450,127 23,562,515 66,012,642
Public Safety
Central Management
General Revenues 1,172,630 1,354 1,173,984
Federal Funds 4,073,486 520,191 4,593,677
Federal Funds – Stimulus 250,174 5,884 256,058
Restricted Receipts 850 0 850
Total – Central Management 5,497,140 527,429 6,024,569
E-911 Emergency Telephone System General Revenues 5,262,243 (49,885) 5,212,358
State Fire Marshal
General Revenues 2,684,019 15,237 2,699,256
Federal Funds 102,717 766,971 869,688
Restricted Receipts 286,698 (12,692) 274,006
Rhode Island Capital Plan Funds
Fire Academy 1,500,000 (1,500,000) 0
Quonset Development Corp 53,458 162 53,620
Total - State Fire Marshal 4,626,892 (730,322) 3,896,570
Security Services General Revenues 21,485,773 (267,856) 21,217,917
Municipal Police Training Academy
General Revenues 356,811 (93,375) 263,436
Federal Funds 214,167 70,000 284,167
Federal Funds – Stimulus 0 30,000 30,000
Restricted Receipts 0 38,000 38,000
Total - Municipal Po lice Training Academy 570,978 44,625 615,603
State Police
General Revenues 63,828,563 (3,154,720) 60,673,843
Federal Funds 1,983,721 2,408,600 4,392,321
Federal Funds – Stimulus 315,886 0 315,886
Restricted Receipts 12,400,000 40,000 12,440,000
Rhode Island Capital Plan Funds
Barracks and Training 1,785,000 (1,785,000) 0
State Police New Headquarters 0 116,362 116,362
Headquarters Repairs/Rehabilitation 100,000 (28,500) 71,500
State Microwave Upgrade 500,000 520,600 1,020,600
Parking Area Improvements 0 13,000 13,000
HQ Expansion (NG Facilities) 500,000 (450,000) 50,000
Traffic Enforcement - Municipal Training 130,150 0 130,150
Lottery Commission Assistance 217,861 427,980 645,841
Airport Corporation 217,861 10,504 228,365
Road Construction Reimbursement 3,078,000 0 3,078,000
Total - State Police 85,057,042 (1,881,174) 83,175,868
Grand Total – Public Safety 122,500,068 (2,357,183) 120,142,885
Office of Public Defender
General Revenues 10,791,226 (333,812) 10,457,414
Federal Funds 421,898 (129,902) 291,996
Grand Total - Office of Public Defender 11,213,124 (463,714) 10,749,410
Environmental Management
Office of the Director
General Revenues 4,678,852 (9,437) 4,669,415
Permit Streamlining 88,414 (55,000) 33,414
Federal Funds 493,000 62,000 555,000
Federal Funds - Stimulus 0 310,000 310,000
Restricted Receipts 2,942,066 248,222 3,190,288
Total – Office of the Director 8,202,332 555,785 8,758,117
Natural Resources
General Revenues 18,222,547 (52,754) 18,169,793
Federal Funds 22,593,023 68,340 22,661,363
Restricted Receipts 3,591,941 271,090 3,863,031
Other Funds
DOT Recreational Projects 26,417 1,230,371 1,256,788
Blackstone Bikepath Design 1,069,133 1,207,976 2,277,109
Transportation MOU 78,579 0 78,579
Rhode Island Capital Plan Funds
Dam Repair 1,000,000 627 1,000,627
Fort Adams Rehabilitation 500,000 2,735 502,735
Fort Adams America’s Cup 3,108,704 (2,145,389) 963,315
Recreational Facilities Improvements 1,590,000 (502,892) 1,087,108
Galilee Piers Upgrade 1,990,000 (1,456,307) 533,693
Newport Piers 75,000 0 75,000
World War II Facility 2,200,000 (2,200,000) 0
Blackstone Valley Bike Path 500,000 (226,575) 273,425
Natural Resources Office/Visitor’s Center 0 125,000 125,000
Total - Natural Resources 56,545,344 (3,677,778) 52,867,566
Environmental Protection
General Revenues 11,556,487 (167,752) 11,388,735
Federal Funds 11,911,528 1,438,863 13,350,391
Restricted Receipts 7,775,935 531,205 8,307,140
Transportation MOU 85,885 79,115 165,000
Retrofit Heavy-Duty Diesel Vehicles 2,760,000 0 2,760,000
Total - Environmental Protection 34,089,835 1,881,431 35,971,266
Grand Total - Environmental Management 98,837,511 (1,240,562) 97,596,949
Coastal Resources Management Council
General Revenues 2,264,841 (79,580) 2,185,261
Federal Funds 1,677,977 357,186 2,035,163
Federal Funds – Stimulus 0 502,240 502,240
Restricted Receipts 250,000 0 250,000
Rhode Island Capital Plan Funds
Providence River Dredging 0 222,281 222,281
South Coast Restoration Project 850,000 (400,000) 450,000
Secure Facility Area 50,000 0 50,000
Grand Total - Coastal Resources Mgmt.
Council 5,092,818 602,127 5,694,945
Transportation
Central Management
Federal Funds 10,515,473 1,492,500 12,007,973
Other Funds
Gasoline Tax 1,353,338 147,936 1,501,274
Total - Central Management 11,868,811 1,640,436 13,509,247
Management and Budget Other Funds / Gasoline Tax 1,937,648 (498,579) 1,439,069
Infrastructure Engineering- GARVEE/Motor Fuel Tax Bonds
Federal Funds 342,944,533 (45,504,558) 297,439,975
Of these federal funds, $1,788,326 is appropriated to the Public Rail Corporation from CMAQ federal funds for the payment of liability insurance.
Federal Funds – Stimulus 8,880,580 (1,358,744) 7,521,836
Restricted Receipts 998,758 11,497 1,010,255
Other Funds
Gasoline Tax 54,201,232 (1,476,591) 52,724,641
Motor Fuel Tax Residuals 4,076,029 (1,417,386) 2,658,643
Land Sale Revenue 22,354,473 1,869,214 24,223,687
Rhode Island Capital Funds
RIPTA - Land and Buildings 70,000 68,101 138,101
Pawtucket – CF Train Station Study 0 40,267 40,267
Highway Projects Match Plan 20,000,000 0 20,000,000
Total - Infrastructure Engineering –
GARVEE/Motor Fuel Tax Bonds 453,525,605 (47,768,200) 405,757,405
Infrastructure Maintenance
Other Funds
Gasoline Tax 39,566,987 786,877 40,353,864
Non-Land Surplus Property 10,000 40,000 50,000
Outdoor Advertising 100,000 25,000 125,000
Rhode Island Capital Plan Funds
Cherry Hill/Lincoln Facility 777,050 186,865 963,915
Maintenance Facility Improvements 400,000 366,453 766,453
East Providence Facility 0 346,575 346,575
Salt Storage Facilities 2,000,000 (639,686) 1,360,314
Maintenance Facility Fire Alarms 0 52,438 52,438
Portsmouth Facility 1,435,000 (1,435,000) 0
Maintenance - Capital Equipment Replacement 0 1,000,000 1,000,000
RIPTA - Elmwood Expansion 0 121,448 121,448
Total - Infrastructure Maintenance 44,289,037 850,970 45,140,007
Grand Total – Transportation 511,621,101 (45,775,373) 465,845,728
Statewide Totals
General Revenues 3,295,836,490 (62,025,232)3,233,811,258
Federal Funds 2,676,350,399 46,860,480 2,723,210,879
Restricted Receipts 232,511,115 36,805,444 269,316,559
Other Funds 1,895,158,380 (19,900,521) 1,875,257,859
Statewide Grand Total 8,099,856,384 1,740,171 8,101,596,555
SECTION 2. Each line appearing in Section 1 of this article shall constitute an appropriation.
SECTION 3. The general assembly authorizes the state controller to establish the internal service accounts shown below, and no other, to finance and account for the operations of state agencies that provide services to other agencies, institutions and other governmental units on a cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in a businesslike manner, promote efficient use of services by making agencies pay the full costs associated with providing the services, and allocate the costs of central administrative services across all fund types, so that federal and other non-general fund programs share in the costs of general government support. The controller is authorized to reimburse these accounts for the cost of work or services performed for any other department or agency subject to the following expenditure limitations:
FY 2013 FY 2013 FY 2013
Account Enacted Change Final
State Assessed Fringe Benefit Internal Service Fund 32,106,713 627,469 32,734,182
Administration Central Utilities Internal Service Fund 20,227,492 (2,880) 20,224,612
State Central Mail Internal Service Fund 5,613,323 (434,698) 5,178,625
State Telecommunications Internal Service Fund 2,881,461 968,553 3,850,014
State Automotive Fleet Internal Service Fund 13,953,031 (356,707) 13,596,324
Capitol Police Internal Service Fund 828,732 8,658 837,390
Surplus Property Internal Service Fund 2,500 0 2,500
Health Insurance Internal Service Fund 304,145,139 (54,017,382) 250,127,757
Health Insurance – State Police Internal Service Fund 2,123,495 (2,123,495) 0
Other Post-Employment Benefits Fund
Retired State Employees 0 47,694,106 47,694,106
Retired Higher Education Employees 0 2,462,582 2,462,582
Retired Teachers 0 7,311,922 7,311,922
Retired State Police 0 2,983,594 2,983,594
Retired Legislators 0 750,031 750,031
Retired Judges 0 904,362 904,362
Central Distribution Center Internal Service Fund 7,434,689 (292,561) 7,142,128
Correctional Industries Internal Service Fund 7,353,215 885,608 8,238,823
Secretary of State Record Center Internal Service Fund 897,072 (40,612) 856,460
SECTION 4. Departments and agencies listed below may not exceed the number of full-time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals engaged in training, the completion of which is a prerequisite of employment. Provided, however, that the Governor or designee, Speaker of the House of Representatives or designee, and President of the Senate or designee may authorize an adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a detailed written recommendation to the Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the chairman of the House Finance Committee, the chairman of the Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.
No agency or department may employ contracted employees or employee services where the contracted employees would work under state employee supervisors without determination of need by the Director of Administration acting upon positive recommendations of the Budget Officer and the Personnel Administrator and 15 days after a public hearing.
Nor may any agency or department contract for services replacing work done by state employees at that time without determination of need by the Director of Administration acting upon positive recommendations of the Budget Officer and the Personnel Administrator and 30 days after a public hearing.
State employees whose funding is from non-state general revenue funds that are time limited shall receive limited term appointment with the term limited to the availability of non-state general revenue funding source.
FY 2013 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 687.2 712.1
Business Regulation 94.0 94.0
Labor and Training 462.5 423.0
Revenue 458.0 489.0
Legislature 298.5
Office of the Lieutenant Governor 8.0
Office of the Secretary of State 57.0
Office of the General Treasurer 82.0
Board of Elections 11.0
Rhode Island Ethics Commission 12.0
Office of the Governor 45.0
Commission for Human Rights 14.5
Public Utilities Commission 47.0 48.0
Office of Health and Human Services 168.0 169.0
Children, Youth, and Families 665.5 671.5
Health 497.3 498.0
Human Services 940.7 933.1
Behavioral Health, Developmental Disabilities, and Hospitals 1,383.2 1,424.4
Office of the Child Advocate 5.8
Commission on the Deaf and Hard of Hearing 3.0
Governor's Commission on Disabilities 4.0
Office of the Mental Health Advocate 3.7
Elementary and Secondary Education 169.4 171.4
School for the Deaf 60.0
Davies Career and Technical School 126.0
Office of Higher Education 16.8
Provided that 1.0 of the total authorization would be available only for positions that are supported by third-party funds.
University of Rhode Island 2,450.5
Provided that 593.2 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island College 919.6
Provided that 82.0 of the total authorization would be available only for positions that are supported by third-party funds.
Community College of Rhode Island 854.1
Provided that 100.0 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island State Council on the Arts 6.0
RI Atomic Energy Commission 8.6
Higher Education Assistance Authority 38.6 36.0
Historical Preservation and Heritage Commission 16.6
Public Telecommunications Authority 14.0
Office of the Attorney General 233.1
Corrections 1,419.0
Judicial 723.3
Military Staff 112.0
Public Safety 609.2
Office of the Public Defender 93.0
Environmental Management 407.0 399.0
Coastal Resources Management Council 29.0
Transportation 772.6
Total 15,026.3 15,076.4
SECTION 5. This article shall take effect upon passage.
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art.011/4/011/3
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ARTICLE 11 AS AMENDED
RELATING TO MUNICIPAL INCENTIVE AID
SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby amended by adding thereto the following chapter:
CHAPTER 13.2
MUNICIPAL INCENTIVE AID
45-13.2-1. Short title. -- This chapter shall be known as the "Municipal Incentive Aid Act."
45-13.2-2. Legislative Findings. -- It is hereby found and declared as follows:
(a) The fiscal health of its municipalities is of paramount importance to the state of Rhode Island;
(b) Local municipalities in Rhode Island are facing ever-increasing costs for retirement related expenses;
(c) Retirement plans represent significant cost drivers for municipal budgets;
(d) Many municipalities currently have significantly under-funded retirement plans;
(e) These unfunded liabilities either jeopardize or threaten to jeopardize the fiscal stability of municipalities;
(f) Fiscal instability in a municipality adversely affects the state's financial interests; and (g) Local municipalities should be encouraged to improve the sustainability of their retirement plans by reducing the unfunded liabilities thereunder and by funding the plans in a fiscally responsible manner.
45-13.2-3. Definitions. -- For purposes of this chapter "municipality" means any city or town of the state.
45-13.2-4. State Aid Incentive Program Appropriated. -- There are hereby appropriated funds for a state aid program entitled "Municipal Incentive Aid Program." For fiscal year 2014 the amount of five million dollars ($5,000,000) shall be appropriated, and an amount of ten million dollars ($10,000.000) will be requested for appropriation for fiscal year 2015 and for fiscal year 2016. Municipal Incentive Aid shall be administered and managed by the division of municipal finance within the department of revenue.
45-13.2-5. Purpose of the Municipal Incentive Aid Program. -- The purpose of this Municipal Incentive Aid program, shall be to encourage municipalities to improve the sustainability of their retirement plans and to reduce unfunded liabilities thereunder, by providing additional state aid to those municipalities that comply with the requirements and provisions of this chapter.
45-13.2-6. Distributions. -- (a) Municipal Incentive Aid described in this chapter shall be distributed to eligible municipalities on the basis of the most recent population estimate for each municipality as a share of the total state population reported by the U.S. Department of Commerce, Bureau of the Census. Such payments shall be made to eligible communities in March 2014, March 2015, and March 2016.
(b) For fiscal year 2014, municipalities shall be eligible to receive aid under this chapter if: (1) the municipality has no locally-administered pension; or (2) the municipality notified plan participants, beneficiaries and others pursuant to chapter 45-65, and submitted to the state's department of revenue a Funding Improvement Plan ("FIP"), pursuant to section 45-65-6, for every locally-administered pension plan in that municipality, and each FIP had been approved by the plan sponsor and the local governing body no later than June 1, 2013; or (3) there existed a locally-administered pension plan(s) in that municipality, but either: (i) no FIP was required pursuant to chapter 45-65; or (ii) a FIP is required pursuant to chapter 45-65, but, the due date for the FIP submission is after the March payment of state aid.
(c) For fiscal years 2015 and 2016, municipalities shall be eligible to receive aid under this chapter, if: (1) the municipality has no locally-administered pension; or (2) the municipality has transitioned all locally-administered pension plans into MERS by June 30, 2014; or (3) the municipality had notified plan participants, beneficiaries and others pursuant to chapter 45-65 and had submitted to the state's department of revenue a FIP, pursuant to chapter 45-65, for every locally-administered pension plan and each submitted FIP meets the guidelines of the Study Commission on Locally-Administered Pension Plans created pursuant to section 45-65-8 or otherwise applicable guidelines or regulations and each FIP has been approved by the plan sponsor and the local governing body; or (4) the municipality has implemented the original recommended FIP or an amended FIP pursuant to chapter 45-65 within eighteen (18) months after an actuary has certified that a locally administered plan is in critical status for a plan year; and the FIPs are approved by the plan sponsor and the local governing body; or (5) there existed a locally-administered pension plan in that municipality, but either: (i) no FIP was required pursuant to chapter 45-65 and the municipality is funding one hundred percent (100%) of its Annually Required Contribution (ARC); or (ii) FIP is required pursuant to chapter 45-65, however, the due date for the FIP submission or implementation is after the March payment of this municipal incentive aid.
(d) In any fiscal year that a municipality does not receive an appropriation under this chapter, the amount that would have been allocated to the municipality will be distributed in the month of May among the other eligible municipalities for that fiscal year, on the basis of the most recent population estimate for each municipality as a share of the total state population reported by the U.S. Department of Commerce, Bureau of the Census.
SECTION 2. This article shall take effect upon passage.
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art.012/2/012/1
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ARTICLE 12 AS AMENDED
RELATING TO HOSPITAL UNCOMPENSATED CARE
SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 entitled "Uncompensated Care" are hereby amended to read as follows:
40-8.3-2. Definitions. -- As used in this chapter:
(1) "Base year" means for
the purpose of calculating a disproportionate share payment for any fiscal year
ending after September 30, 2011 2012, the period from October 1, 2009 2010
through September 30, 2010 2011, and for any fiscal year ending after
September 30, 2012 2013, the period from October 1, 2010 2011
through September 30, 20112012.
(2) "Medical assistance inpatient utilization rate for a hospital" means a fraction (expressed as a percentage) the numerator of which is the hospital's number of inpatient days during the base year attributable to patients who were eligible for medical assistance during the base year and the denominator of which is the total number of the hospital's inpatient days in the base year.
(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that: (i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year; (ii) achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the base year; and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23 during the payment year.
(4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost incurred by such hospital during the base year for inpatient or outpatient services attributable to charity care (free care and bad debts) for which the patient has no health insurance or other third-party coverage less payments, if any, received directly from such patients; and (ii) the cost incurred by such hospital during the base year for inpatient or out-patient services attributable to Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the uncompensated care index.
(5) "Uncompensated care
index" means the annual percentage increase for hospitals established
pursuant to § 27-19-14 for each year after the base year, up to and including
the payment year, provided, however, that the uncompensated care index for the
payment year ending September 30, 2007 shall be deemed to be five and
thirty-eight hundredths percent (5.38%), and that the uncompensated care index
for the payment year ending September 30, 2008 shall be deemed to be five and
forty-seven hundredths percent (5.47%), and that the uncompensated care index
for the payment year ending September 30, 2009 shall be deemed to be five and
thirty-eight hundredths percent (5.38%), and that the uncompensated care index
for the payment years ending September 30, 2010, September 30, 2011, September
30, 2012 and, September 30, 2013 and September 30,
2014 shall be deemed to be five and thirty hundredths percent
(5.30%).
40-8.3-3. Implementation. -- (a) For the fiscal year commencing on October 1, 2010 and
ending September 30, 2011, the department of human services shall submit to the
Secretary of the U.S. Department of Health and Human Services a state plan
amendment to the Rhode Island Medicaid state plan for disproportionate share
hospital payments (DSH Plan) to provide:
(1) That the
disproportionate share hospital payments to all participating hospitals not to
exceed an aggregate limit of $125.4 million, to be allocated by the department
to the Pool A, Pool C and Pool D components of the DSH Plan;
(2) That the Pool D
allotment shall be distributed among the participating hospitals in direct
proportion to the individual participating hospital's uncompensated care costs
for the base year, inflated by the uncompensated care index to the total
uncompensated care costs for the base year inflated by uncompensated care index
for all participating hospitals. The disproportionate share payments shall be
made on or before July 18, 2011 and are expressly conditioned upon approval on
or before July 11, 2011 by the Secretary of the U.S. Department of Health and
Human Services, or his or her authorized representative, of all Medicaid state
plan amendments necessary to secure for the state the benefit of federal
financial participation in federal fiscal year 2011 for the disproportionate
share payments.
(b)(a) For the fiscal year commencing on October 1, 2011 and ending September
30, 2012, the executive office of health and human services shall submit to the
Secretary of the U.S. Department of Health and Human Services a state plan
amendment to the Rhode Island Medicaid state plan for disproportionate share
hospital payments (DSH Plan) to provide:
(1) That the disproportionate share hospital payments to all participating hospitals, not to exceed an aggregate limit of $126.2 million, shall be allocated by the executive office of health and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct proportion to the individual participating hospital's uncompensated care costs for the base year, inflated by the uncompensated care index to the total uncompensated care costs for the base year inflated by uncompensated care index for all participating hospitals. The disproportionate share payments shall be made on or before July 16, 2012 and are expressly conditioned upon approval on or before July 9, 2012 by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized representative, of all Medicaid state plan amendments necessary to secure for the state the benefit of federal financial participation in federal fiscal year 2012 for the disproportionate share payments.
(c)(b) For federal fiscal year 2013, commencing on October 1, 2012 and ending
September 30, 2013, the executive office of health and human services shall
submit to the Secretary of the U.S. Department of Health and Human Services a
state plan amendment to the Rhode Island Medicaid state plan for
disproportionate share hospital payments (DSH Plan) to provide:
(1) That the disproportionate share hospital payments to all participating hospitals, not to exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct proportion to the individual participating hospital's uncompensated care costs for the base year, inflated by the uncompensated care index to the total uncompensated care costs for the base year inflated by uncompensated care index for all participating hospitals. The disproportionate share payments shall be made on or before July 15, 2013 and are expressly conditioned upon approval on or before July 8, 2013 by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized representative, of all Medicaid state plan amendments necessary to secure for the state the benefit of federal financial participation in federal fiscal year 2013 for the disproportionate share payments.
(c) For federal fiscal year 2014, commencing on October 1, 2013 and ending September 30, 2014, the executive office of health and human services shall submit to the Secretary of the U.S. Department of Health and Human Services a state plan amendment to the Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:
(1) That the disproportionate share hospital payments to all participating hospitals, not to exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct proportion to the individual participating hospital's uncompensated care costs for the base year, inflated by the uncompensated care index to the total uncompensated care costs for the base year inflated by uncompensated care index for all participating hospitals. The disproportionate share payments shall be made on or before July 14, 2014 and are expressly conditioned upon approval on or before July 7, 2014 by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized representative, of all Medicaid state plan amendments necessary to secure for the state the benefit of federal financial participation in federal fiscal year 2014 for the disproportionate share payments.
(d) No provision is made pursuant to this chapter for disproportionate share hospital payments to participating hospitals for uncompensated care costs related to graduate medical education programs.
SECTION 2. This article shall take effect upon passage.
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ARTICLE 13 AS AMENDED
RELATING TO EDUCATION AID
SECTION 1.
Section
Sections
16-7-41 and 16-7-41.1 of the General Laws in Chapter 16-7 entitled
"Foundation Level School Support" is are hereby amended to read as follows:
16-7-41. Computation of school housing aid. -- (a) In each fiscal year the state shall pay to each community a grant to be applied to the cost of school housing equal to the following:
The cost of each new school housing project certified to the commissioner of elementary and secondary education not later than July 15 of the fiscal year shall be divided by the actual number of years of the bond issued by the local community or the Rhode Island Health and Educational Building Corporation in support of the specific project, times the school housing aid ratio; and provided, further, with respect to costs of new school projects financed with proceeds of bonds issued by the local community or the Rhode Island Health and Educational Building Corporation in support of the specific project, the amount of the school housing aid payable in each fiscal year shall not exceed the amount arrived at by multiplying the principal and interest of the bonds payable in each fiscal year by the school housing aid ratio and which principal and interest amount over the life of the bonds, shall, in no event, exceed the costs of each new school housing project certified to the commissioner of elementary and secondary education. If a community fails to specify or identify the appropriate reimbursement schedule, the commissioner of elementary and secondary education may at his or her discretion set up to a five (5) year reimbursement cycle for projects under five hundred thousand dollars ($500,000); up to ten (10) years for projects up to three million dollars ($3,000,000); and up to twenty (20) years for projects over three million dollars ($3,000,000).
(b) Aid shall be provided for the same period as the life of the bonds issued in support of the project and at the school housing aid ratio applicable to the local community at the time of the bonds issued in support of the project as set forth in section 16-7-39.
(c) Aid shall be paid either to the community or in the case of
projects financed through the Rhode Island Health and Educational Building
Corporation, to the Rhode Island Health and Educational Building Corporation or
its designee including, but not limited to, a trustee under a bond indenture or
loan and trust agreement, in support of bonds issued for specific projects of
the local community in accordance with this section, section 16-7-40 and
section 16-7-44. Notwithstanding the preceding, in case of failure of any city,
town or district to pay the amount due in support of bonds issued on behalf of
a city or,
town, school or
district project financed by the Rhode Island Health and Educational
Building Corporation, upon notification by the Rhode Island Health and
Educational Building Corporation, the general treasurer shall deduct the amount
from aid provided under this section, section 16-7-40, section 16-7-44 and
section 16-7-15 through section 16-7-34.3 due the city, town or district and
direct said funding to the Rhode Island Health and Educational Building
Corporation or its designee.
(d) Notwithstanding any provisions of law to the contrary, in connection with the issuance of refunding bonds benefiting any local community, any net interest savings resulting from the refunding bonds issued by such community or a municipal public buildings authority for the benefit of the community or by the Rhode Island health and educational building corporation for the benefit of the community, in each case in support of school housing projects for the community, shall be allocated between the community and the state of Rhode Island, by applying the applicable school housing aid ratio at the time of issuance of the refunding bonds, calculated pursuant to section 16-7-39, that would otherwise apply in connection with school housing projects of the community; provided however, that for any refundings that occur between July 1, 2013 and December 31, 2015, the community shall receive eighty percent (80%) of the total savings and the state shall receive twenty percent (20%). In connection with any such refunding of bonds, the finance director or the chief financial officer of the community shall certify such net interest savings to the commissioner of elementary and secondary education. Notwithstanding section 16-7-44 or any other provision of law to the contrary, school housing projects costs in connection with any such refunding bond issue shall include bond issuance costs incurred by the community, the municipal public buildings authority or the Rhode Island health and educational building corporation, as the case may be, in connection therewith. In connection with any refunding bond issue, school housing project costs shall include the cost of interest payments on such refunding bonds, if the cost of interest payments was included as a school housing cost for the bonds being refunded. A local community or municipal public buildings authority shall not be entitled to the benefits of this subsection (d) unless the net present value savings resulting from the refunding is at least three percent (3%) of the refunded bond issue.
(e) Any provision of law to the contrary notwithstanding, the commissioner of elementary and secondary education shall cause to be monitored the potential for refunding outstanding bonds of local communities or municipal public building authorities or of the Rhode Island Health and Educational Building Corporation issued for the benefit of local communities or municipal public building authorities and benefiting from any aid referenced in this section. In the event it is determined by said monitoring that the net present value savings which could be achieved by refunding such bonds of the type referenced in the prior sentence including any direct costs normally associated with such refundings is equal to (i) at least one hundred thousand dollars ($100,000) and (ii) for the state and the communities or public building authorities at least three percent (3%) of the bond issue to be refunded including associated costs then, in such event, the commissioner (or his or her designee) may direct the local community or municipal public building authority for the benefit of which the bonds were issued, to refund such bonds. Failure of the local community or municipal public buildings authority to timely refund such bonds, except due to causes beyond the reasonable control of such local community or municipal public building authority, shall result in the reduction by the state of the aid referenced in this section 16-7-4.1 associated with the bonds directed to be refunded in an amount equal to ninety percent (90%) of the net present value savings reasonably estimated by the commissioner of elementary and secondary education (or his or her designee) which would have been achieved had the bonds directed to be refunded been refunded by the ninetieth (90th) day (or if such day is not a business day in the state of Rhode Island, the next succeeding business day) following the date of issuance of the directive of the commissioner (or his or her designee) to refund such bonds. Such reduction in the aid shall begin in the fiscal year following the fiscal year in which the commissioner issued such directive for the remaining term of the bond.
(f) Payments shall be made in accordance with section 16-7-40 and this section.
(g) For purposes of financing or refinancing school facilities in the city of Central Falls through the issuance bonds through the Rhode Island Health and Educational Building Corporation, the city of Central Falls shall be considered an "educational institution" within the meaning of subdivision 45-38.1-3(13) of the general laws.
16-7-41.1. Eligibility for reimbursement. -- School districts, not municipalities, may apply for and obtain approval for a project under the necessity of school construction process set forth in the regulations of the board of regents for elementary and secondary education, provided, however, in the case of municipality which issues bonds through the Rhode Island Health and Educational Building Corporation to finance or refinance school facilities for a school district which is not part of the municipality, the municipality may apply for and obtain approval for a project. Such approval will remain valid until June 30 of the third fiscal year following the fiscal year in which the board of regents for elementary and secondary education's approval is granted. Only those projects undertaken at school facilities under the care and control of the school committee and located on school property may qualify for reimbursement under sections 16-7-35 -- 16-7-47. Facilities with combined school and municipal uses or facilities that are operated jointly with any other profit or non-profit agency do not qualify for reimbursement under sections 16-7-35 -- 16-7-47. Projects completed by June 30 of a fiscal year are eligible for reimbursement in the following fiscal year. A project for new school housing or additional housing shall be deemed to be completed when the work has been officially accepted by the school committee or when the housing is occupied for its intended use by the school committee, whichever is earlier.
Notwithstanding the provisions of this section, the board of regents shall not grant final approval for any project between June 30, 2011 and June 30, 2014 except for projects that are necessitated by immediate health and safety reasons. In the event that a project is requested during the moratorium because of immediate health and safety reasons, those proposals shall be reported to the chairs of the house and senate finance committees.
Any project approval granted prior to the adoption of the school construction regulations in 2007, and which are currently inactive; and any project approval granted prior to the adoption of the school construction regulations in 2007 which did not receive voter approval or which has not been previously financed, are no longer eligible for reimbursement under this chapter. The department of elementary and secondary education shall develop recommendations for further cost containment strategies in the school housing aid program.
SECTION 2. Section 16-2-21 of the General Laws in Chapter 16-2 entitled "School Committees and Superintendents" is hereby amended to read as follows:
16-2-21. Pre-budget consultation -- Annual reports -- Appropriation requests -- Budgets. -- (a) At least sixty (60) days but not more than ninety (90) days prior to the formal submission of the school budget to the appropriate city or town officials by the school committee, there shall be a joint pre-budget meeting between the school committee and the city or town council(s). At or before this meeting:
(1) The highest elected official of the city or town shall submit to the school committee an estimate, prepared in a manner approved by the department of administration, of projected revenues for the next fiscal year. In the case of the property tax, the projections shall include only changes in the property tax base, not property tax rates;
(2) The school committee shall submit to the city or town council a statement for the next ensuing fiscal year of anticipated total expenditures, projected enrollments with resultant staff and facility requirements, and any necessary or mandated changes in school programs or operations; and
(3) The school committee shall prepare and submit, annually, to the department of elementary and secondary education, on or before the first day of August, a report in the manner and form prescribed by the state board of regents for elementary and secondary education; the committee shall also prepare not less than thirty (30) days before the date of the annual financial town meeting, or the date of the meeting of the city council at which annual appropriations are made, on forms prescribed and furnished by the department of elementary and secondary education, the estimates and recommendations of the amounts necessary to be appropriated for the support of public schools for the fiscal year ensuing; provided, that a copy of these estimates and recommendations shall be sent to the department of elementary and secondary education, and until the report is made, and if the estimates and recommendations are not presented to the department, it may refuse to draw its orders for the money in the state treasury apportioned to the city or town; provided, that the necessary blank for the report has been furnished by the department on or before the first day of June, next preceding, and the necessary forms for the estimates and recommendations shall have been furnished by the department not less than sixty (60) days before the date of the annual appropriations meeting of the city council; the committee shall also prepare and submit annually to the department of elementary and secondary education and at the annual financial town meeting a report to the city or town, setting forth its doings, the state and condition of the schools, and plans for their improvement, which report, unless printed, shall be read in open meeting; and if printed, at least three (3) copies shall be transmitted to the department on or before the day of the annual financial town meeting in each year.
(b) If the amount appropriated by the town meeting, the city or town council, or budget referendum is either more or less than the amount recommended and requested by the school committee, the school committee shall, within thirty (30) days after the appropriation is made, amend its estimates and recommendations so that expenses are no greater than the total of all revenue appropriated by the state or town or provided for public schools under the care, control, and management of the school committee.
(c) Only a school budget in which total expenses are less than or equal to appropriations and revenues shall be considered an adopted school budget.
(d) Notwithstanding any provision of the general or public laws to the contrary:
(i) the budget adopted and presented by any school committee for the fiscal year 2008 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred five and one-quarter percent (105.25%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2007;
(ii) the budget adopted and presented by any school committee for the fiscal year 2009 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred five percent (105%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2008;
(iii) the budget adopted and presented by any school committee for the fiscal year 2010 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four and three-quarters percent (104.75%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2009;
(iv) the budget adopted and presented by any school committee for the fiscal year 2011 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four and one-half percent (104.5%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2010;
(v) the budget adopted and presented by any school committee for the fiscal year 2012 shall not propose the appropriation of municipal funds (exclusive of state and federal aid) in excess of one hundred four and one-quarter percent (104.25%) of the total of municipal funds appropriated by the city or town council for school purposes for fiscal year 2011; and
(vi) the budget adopted and presented by any school committee for
the fiscal year 2013 and for each fiscal year thereafter shall not propose the
appropriation of municipal funds (exclusive of state and federal aid) in excess
of one hundred four percent (104%) of the total of municipal funds appropriated
by the city or town council for school purposes for fiscal
year 2012 the previous fiscal year.
(e) Notwithstanding any provision of the general or public laws to the contrary, any judgment rendered pursuant to subsection 16-2-21.4(b) shall consider the percentage caps on school district budgets set forth in subsection (d) of this section.
SECTION 3. This article shall take effect upon passage.
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ARTICLE 14
RELATING TO EMPLOYMENT SECURITY JOB DEVELOPMENT FUND ASSESSMENT
SECTION 1. Section 28-42-84 of the General Laws in Chapter 28-42 entitled "Employment Security – General Provisions" is hereby amended to read as follows:
28-42-84. Job development fund – Disbursements – Unexpended balance. -- (a) The moneys in the job development fund shall be used for the following purposes:
(1) To reimburse the department of labor and training for the loss of any federal funds resulting from the collection and maintenance of the fund by the department;
(2) To make refunds of contributions erroneously collected and deposited in the fund;
(3) To pay any administrative expenses incurred by the department of labor and training associated with the collection of the contributions for employers paid pursuant to section 28-43-8.5, and any other administrative expenses associated with the maintenance of the fund, including the payment of all premiums upon bonds required pursuant to section 28-42-85;
(4) To provide for job training, counseling and assessment services, and other related activities and services. Services will include, but are not limited to, research, development, coordination, and training activities to promote workforce development and business development as established by the human resource investment council;
(5) To support the state's job training for economic development;
(6)(i) Beginning January 1, 2001, two hundredths of one percent (0.02%) out of the twenty-one hundredths of one percent (0.21%) job development assessment paid pursuant to section 28-43-8.5 shall be used to support necessary core services in the unemployment insurance and employment services programs operated by the department of labor and training; and
(ii) Beginning January 1, 2011,
and ending in tax year 2015, two
hundredths of one percent (0.02%) out of the fifty- one hundredths of one
percent (0.51%) job development assessment paid pursuant to section 28-43-8.5
shall be used to support necessary core services in the unemployment insurance
and employment services programs operated by the department of labor and
training; and
(7) Beginning January 1, 2011,
and ending in tax year 2015, three
tenths of one percent (0.3%) out of the fifty-one hundredths of one percent
(0.51%) job development assessment paid pursuant to section 28-43.8.5 shall be
deposited into a restricted receipt account to be used solely to pay the
principal and/or interest due on Title XII advances received from the federal
government in accordance with the provisions of Section 1201 of the Social
Security Act; provided, however, that if the federal Title XII loans are repaid
through a state revenue bond or other financing mechanism, then these funds may
also be used to pay the principal and/or interest that accrues on that debt. Any remaining funds in the restricted receipt account, after
the outstanding principal and interest due has been paid, shall be transferred
to the employment security fund for the payment of benefits.
(b) The general treasurer shall pay all vouchers duly drawn by the council upon the fund, in any amounts and in any manner that the council may prescribe. Vouchers so drawn upon the fund shall be referred to the controller within the department of administration. Upon receipt of those vouchers, the controller shall immediately record and sign them and shall promptly transfer those signed vouchers to the general treasurer. Those expenditures shall be used solely for the purposes specified in this section and its balance shall not lapse at any time but shall remain continuously available for expenditures consistent with this section. The general assembly shall annually appropriate the funds contained in the fund for the use of the human resource investment council and, in addition, for the use of the department of labor and training effective July 1, 2000, and for the payment of the principal and interest due on federal Title XII loans beginning July 1, 2011; provided, however, that if the federal Title XII loans are repaid through a state revenue bond or other financing mechanism, then the funds may also be used to pay the principal and/or interest that accrues on that debt.
SECTION 2. Section 28-43-8.5 of the General Laws in Chapter 28-43 entitled "Employment Security – Contributions" is hereby amended to read as follows:
28-43-8.5. Job development assessment. -- For the tax year years
2011 through 2014, and subsequent tax years each employer subject to
this chapter shall be required to pay a job development assessment of fifty-one
hundredths of one percent (0.51%) of that employer's taxable payroll, in
addition to any other payment which that employer is required to make under any
other provision of this chapter; provided, that the assessment shall not be
considered as part of the individual employer's contribution rate for the
purpose of determining the individual employer's balancing charge pursuant to §
28-43-9. The tax rate for all employers subject to the contribution provisions
of chapters 42 – 44 of this title shall be reduced by twenty-one hundredths of
one percent (0.21%). For tax year 2015, each
employer subject to this chapter shall be required to pay a job development
assessment of fifty-one hundredths of one percent (0.51%) of that employer's
taxable payroll, in addition to any other payment which that employer is
required to make under any other provision of this chapter; provided, that the
assessment shall not be considered as part of the individual employer's
contribution rate for the purpose of determining the individual employer's
balancing charge pursuant to section 28-43-9. However, upon full repayment of
any outstanding principal and/or interest due on title XII advances received
from the federal government in accordance with the provisions of section 1201
of the social security act, including any principal and/or interest that
accrues on debt from a state revenue bond or other financing mechanism used to
repay the title XII advances, then the job development assessment shall be
reduced to twenty-one hundredths of one percent (0.21%) beginning the tax
quarter after the full repayment occurs.
SECTION 3. Section 28-44-57 of the General Laws in Chapter 28-44 entitled "Employment Security - Benefits" is hereby amended to read as follows:
28-44-57. Fees and costs chargeable. -- (a) No individual claiming benefits shall be charged fees of any kind by the director or his or her representative, or by the board of review or its representatives, in any proceeding under chapters 42 -- 44 of this title. Any individual claiming benefits in any proceeding or court action may be represented by counsel or other duly authorized agent. The director shall have the authority to fix the fees of that counsel or other duly authorized agent, but no counsel or agent shall together be allowed to charge or receive for those services more than ten percent (10%) of the maximum benefits at issue in that proceeding or court action but not less than fifty dollars ($50.00) except as specifically allowed by the superior court.
(b) In any case in which either an employer appeals from a
determination in favor of the claimant or a claimant successfully appeals from
a decision unfavorable to the claimant to an appeals body other than a court of
law and the claimant retains an attorney-at-law to represent him or her, the
attorney shall be entitled to a counsel fee of fifteen
percent (15%) ten percent (10%)
of the amount of benefits at issue before the appeals body but not less than
fifty dollars ($50.00), which shall be paid by the director out of the
employment security administrative funds, within thirty (30) days of the date
of his or her appearance.
(c) (1) An attorney-at-law who represents an individual claiming benefits on an appeal to the courts shall be entitled to counsel fees upon final disposition of the case and necessary court costs and printing disbursements as fixed by the court.
(2) The director shall pay those counsel fees, costs, and disbursements, out of the employment security administrative funds in each of the following cases:
(i) Any court appeal taken by a party other than the claimant from an administrative or judicial decision favorable in whole or in part to the claimant;
(ii) Any court appeal by a claimant from a decision denying or reducing benefits awarded under a prior administrative or judicial decision;
(iii) Any court appeal as a result of which the claimant is awarded benefits.
SECTION 4. Section 28-42-18 of the General Laws in Chapter 28-42 entitled "Employment Security - General Provisions" is hereby amended to read as follows:
28-42-18. Establishment of fund. -- (a) There is created the employment security fund, to be administered by the director without liability on the part of the state beyond the amounts paid into and earned by the fund. This fund shall consist of:
(1) All contributions paid pursuant to sections 28-43-16 -- 28-43-22;
(2) All other moneys paid into and received by the fund;
(3) Property and securities acquired by and through the use of moneys belonging to the fund;
(4) Interest earned upon the money belonging to the fund; and
(5) All money credited to this state's account in the unemployment trust fund pursuant to 42 U.S.C. section 1103.
(6) Advances from the general fund, authorized by the governor and the director of administration, for the purpose of repaying loans outstanding from the federal government in a given fiscal year. However, all such advances made to the fund shall be repaid to the general fund, with interest as determined by the general treasurer, within the same fiscal year.
(b) All moneys in the fund shall be mingled and undivided.
SECTION 5. This article shall take effect upon passage.
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ARTICLE 15
RELATING TO HUMAN RESOURCE INVESTMENT COUNCIL
SECTION 1. Chapter 42-102 of the General Laws entitled "Rhode Island Human Resource Investment Council" is hereby amended by adding thereto the following section:
42-102-11. State Work Immersion Program. -- (a)(1) The council shall develop a state work immersion program and a non-trade apprenticeship program. For the purposes of this section work immersion shall mean a temporary, paid work experience that provides a meaningful learning opportunity and increases the employability of the participant. The programs shall be designed in order to provide post-secondary school students and unemployed adults with a meaningful work experience, and to assist businesses by training individuals for potential employment.
(2) Funding for the work immersion program will be allocated from the job development fund account and/or from funds appropriated in the annual appropriations act. Appropriated funds will match investments made by businesses in providing meaningful work immersion positions and non-trade apprenticeships.
(b) For each participant in the work immersion program, the program shall reimburse eligible businesses up to fifty percent (50%) of the cost of not more than two hundred (200) hours of work experience and during a period of ten (10) weeks. If an eligible business hires a program participant at the completion of such a program, the state may provide reimbursement for a total of seventy-five percent (75%) of the cost of the work immersion position.
(c) The council shall create a non-trade apprenticeship program and annually award funding on a competitive basis to at least one (1) new initiative proposed and operated by the Governor's Workforce Board Industry Partnerships. This program shall meet the standards of apprenticeship programs defined pursuant to section 28-45-9 of the general laws. The council shall present the program to the State Apprenticeship Council, established pursuant to chapter 28-45 of the general laws, for review and consideration.
(d) An eligible participant in programs established in subsections (b) and (c) must be at least eighteen (18) years of age and must be a Rhode Island resident. Provided, however, any non-Rhode Island resident, who is enrolled in a college or university located in Rhode Island, is eligible to participate while enrolled at the college or university.
(e) In order to fully implement the provisions of this section, the council is authorized to promulgate rules and regulations. In developing rules and regulations, the council shall consult with the Governor's Workforce Board. The rules and regulations shall define eligible businesses that can participate in the programs created by this section.
SECTION 2. Chapter 28-44 of the General Laws entitled "Employment Security – Benefits" is hereby amended by adding thereto the following section:
28-44-71. Back to Work Rhode Island Program. -- (a) Legislative findings and purpose. – The general assembly hereby finds as follows:
(1) As of January 1, 2013, Rhode Island's unemployment rate is the highest in the New England region and above the national average;
(2) Despite this high unemployment, businesses report difficulties and frustration in locating employment candidates with the requisite knowledge, skills, and abilities they need;
(3) In an uncertain economy, employers are hesitant to invest in training if there is a risk the investment will not result in a qualified and skilled employee;
(4) Despite the need for skilled employees, job seekers face difficulties in getting their "foot in the door" to demonstrate their value to potential employers;
(5) Statistics indicate that unemployment compensation claimants who participated in employer-partnered, structured training programs return to work more quickly than those who do not, and that such programs have saved significant sums of employment security funds;
(6) The purpose of the "Back to Work Rhode Island Program" is to provide claimants with planned, structured, and career-relevant job training to gain new skills and abilities and help increase their prospects for employment, and assist employers in locating and obtaining skilled and well qualified job candidates for open employment positions.
(b) Definitions. – For the purposes of this section, the following terms shall have the following meanings:
(1) "Claimant" means a person collecting unemployment security benefits under the provisions of chapters 28-42 through 28-44 of this title;
(2) "Department" means the Rhode Island department of labor and training;
(3) "Director" means the director of the Rhode Island department of labor and training;
(4) "Participating employer" means an employer who has voluntarily agreed to participate in the "Back to Work Rhode Island Program" and meets the criteria for participation established by this section and as determined by the director;
(5) "Program" means the "Back to Work Rhode Island Program" established under this section;
(6) "Skill enhancement and job training" means a planned, structured learning environment for the primary benefit of the trainee and from which the participating employer derives no immediate advantage and which is designed to provide the skills and knowledge necessary to meet the employer's specifications for an occupation or trade.
(7) "Unemployment benefits" means the money payable to a claimant for his or her wage losses due to unemployment, payable pursuant to chapters 42 through 44 of this title, and includes any amounts payable pursuant to an agreement under federal law providing for compensation, assistance, or allowances with respect to unemployment.
(c) Program established. – (1) The "Back to Work Rhode Island Program" is hereby established and shall be administered by the department of labor and training.
(2) The program shall be designed so as to permit a claimant to be matched with an employer participating in the program and be placed in department-approved skill enhancement and job training made available by the employer. Participation by both claimant and employer shall be voluntary. The employer shall provide the claimant with skill enhancement and job training relevant to an open employment position for up to twenty-four (24) hours per week for up to six (6) weeks. Upon completion of the six (6) week period, claimants must be considered for employment by the employer. During the six (6) week period, the employer shall not compensate the claimant in any way other than the training that the claimant receives through participation in the program. Both the employer and the claimant may terminate participation in the program at any time.
(3) Notwithstanding any other provision of this title to the contrary, no otherwise eligible individual shall be denied unemployment benefits because of his or her participation in the "Back to Work Rhode Island Program"; provided, however, that contingent upon appropriation, said claimant may receive a reasonable stipend in an amount determined by the director to cover any additional costs associated with their participation in the program, including, but not limited to, transportation or childcare costs.
(4) The department shall notify employers of the availability of the program and shall provide employers with information and materials necessary to participate upon request.
(5) The department shall continuously monitor the program to ensure that participating employers enter the program in good faith with the genuine expectation of hiring for the open position and with the intent and ability to provide relevant skill enhancement and job training.
(6) The department shall develop and conduct an orientation program for participating claimants and employers informing them of the rules, regulations, opportunities, and limitations of the "Back to Work Rhode Island Program".
(7) A claimant may stay in the program if they exhaust benefits or lose program eligibility prior to the end of the six (6) week period;
(8) Participation in the program by a claimant shall be limited to six (6) weeks in any benefit year. A claimant shall be encouraged to end a training relationship that is not beneficial and shall be encouraged to preserve the remainder of his or her six (6) weeks of training for another training opportunity.
(9) In order to participate, a claimant must be seeking work and must be able to work, available to work, and accept work during the training period.
(10) Interested claimants shall be encouraged, but not required, to find employment opportunities that align with their current job skills, knowledge and experience. Employers shall be encouraged to work with the department to locate claimants with current job skills, knowledge, and experience that align with the requirements of an open employment opportunity;
(11) The claimant and the employer must agree upon a formal training plan and schedule which must be approved by the department and may include on-site training, education, and the application of skills or experiences;
(12) Participation in the program may be limited based on program capacity as determined by the department.
(13) The "Back to Work Rhode Island Program" will begin on October 1, 2013 and will expire on December 31, 2014. New participants will not be enrolled after November 18, 2014.
(d) Eligibility to be a participating employer. – (1) An employer wishing to participate in the "Back to Work Rhode Island Program" shall be required to meet the following qualifications, in addition to any further criteria established by the director:
(i) The employer must conduct business in Rhode Island; although, the business need not be domestic to Rhode Island;
(ii) The employer must have a full-time position of employment available that the employer is desirous of filling;
(iii) The employer must be willing and able to provide a participating claimant with skills enhancement and job training focused toward the position that is available;
(iv) The employer must certify that he, she, they, or it will not pay any wages or provide any payment in kind to the claimant during the course of the claimant's participation in the program;
(v) The employer must certify that he, she, they, or it will, at completion of the training period, consider the claimant for employment in the full time position for which the claimant was trained;
(vi) The employer must agree to follow up a claimant's participation in the program with a performance evaluation of the claimant, regardless of whether or not the claimant is hired for employment;
(vii) The employer must agree to provide information as requested by the department and verify that employment of a participating claimant will not displace nor have any impact on a promotion due an existing employee;
(viii) The employer must certify that the employment and training opportunity is not due to a lockout, strike, or other labor dispute; and
(ix) For employers with employees who are subject to collective bargaining, the written approval by the collective bargaining representative for each affected unit shall be required to be included in the plan for any job training for a position which would otherwise be covered by a collective bargaining agreement.
(e) Eligibility to be a participating claimant. – (1) An individual receiving unemployment benefits and wishing to participate in the "Back to Work Rhode Island Program" must meet the following qualifications:
(i) The individual must be eligible to receive Rhode Island unemployment compensation benefits;
(ii) The individual must continue to file weekly continued claims to receive benefits unless otherwise exempted;
(iii) The individual must continue to look for work and employment opportunities during their participation in the program, unless otherwise exempt;
(iv) The individual must certify that he or she understands that participation in the program includes no guarantee of employment;
(v) The individual must attend a mandatory orientation to be offered by the department;
(vi) The individual must agree to provide relevant information as requested by the department and to cooperate with requests from the department for the evaluation of aspects of the "Back to Work Rhode Island" program;
(2) Claimants with a definite recall date within six (6) weeks and those who do not register for employment services are not eligible for the program.
(f) Workers' compensation. – (1) The department will provide workers compensation coverage for participating claimants.
(2) A claimant's participation in the program does not create an employment relationship with the department for the purposes of Chapter 28-29.
(3) For the purposes of computing an approved claimant's wage compensation and benefit amount under Chapter 28-29, the average weekly wage shall be the claimant's maximum weekly unemployment compensation benefit rate for the benefit year in effect at the time of injury.
(g) Rules and regulations. – The director shall promulgate such rules and regulations as the director deems necessary to implement the provisions of this section.
(h) Program Performance monitoring. – The department shall develop and implement a performance monitoring system which does the following:
(1) Collects critical information on the Back to Work Rhode Island program on an annual basis or more frequently as determined by the director, including:
(i) Increases in claimant skills.
(ii) Skill training being provided by businesses.
(iii) Placement of claimants after training.
(iv) Challenges foreseen by businesses.
(v) Business training best practices.
(vi) Amount of weeks claimants received unemployment compensation benefits after completion of the training period.
(2) Defines the benefits of the program and its training to businesses, claimants and the Employment Security Fund.
(i) Funding. – Creation of the "Back to Work Rhode Island Program" is contingent upon funding.
SECTION 3. Section 40-5.2-20 of the General Laws in Chapter 40-1 5.2 entitled "The Rhode Island Works Program" is hereby amended to read as follows:
40-5.2-20. Child care assistance. -- Families or assistance units eligible for childcare assistance.
(a) The department shall provide appropriate child care to every participant who is eligible for cash assistance and who requires child care in order to meet the work requirements in accordance with this chapter.
(b) Low-Income child care. - The department shall provide child care to all other working families with incomes at or below one hundred eighty percent (180%) of the federal poverty level, if and to the extent such other families require child care in order to work at paid employment as defined in the department's rules and regulations. Beginning October 1, 2013, and until January 1, 2015, the department shall also provide child care to families with income below one hundred eighty percent (180%) of the federal poverty level if and to the extent such families require child care to participate on a short term basis, as defined in the department's rules and regulations, in training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other job readiness/job attachment program sponsored or funded by the human resource investment council (governor's workforce board) or state agencies that are part of the coordinated program system pursuant to sections 42-102-9 and 42-102-11.
(c) No family/assistance unit shall be eligible for child care assistance under this chapter if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid resources are defined as any interest(s) in property in the form of cash or other financial instruments or accounts which are readily convertible to cash or cash equivalents. These include, but are not limited to, cash, bank, credit union, or other financial institution savings, checking and money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual funds, and other similar financial instruments or accounts. These do not include educational savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. The department is authorized to promulgate rules and regulations to determine the ownership and source of the funds in the joint account.
(d) As a condition of eligibility for child care assistance under this chapter, the parent or caretaker relative of the family must consent to and must cooperate with the department in establishing paternity, and in establishing and/or enforcing child support and medical support orders for all children in the family in accordance with title 15 of the general laws, as amended, unless the parent or caretaker relative is found to have good cause for refusing to comply with the requirements of this subsection.
(e) For purposes of this section "appropriate child care" means child care, including infant, toddler, pre-school, nursery school, school-age, which is provided by a person or organization qualified, approved, and authorized to provide such care by the department of children, youth, and families, or by the department of elementary and secondary education, or such other lawful providers as determined by the department of human services, in cooperation with the department of children, youth and families and the department of elementary and secondary education.
(f) Families with incomes below one hundred percent (100%) of the applicable federal poverty level guidelines shall be provided with free childcare. Families with incomes greater than one hundred percent (100%) and less than one hundred eighty (180%) of the applicable federal poverty guideline shall be required to pay for some portion of the childcare they receive, according to a sliding fee scale adopted by the department in the department's rules.
(g) In determining the type of childcare to be provided to a family, the department shall take into account the cost of available childcare options, the suitability of the type of care available for the child, and the parent's preference as to the type of child care.
(h) For purposes of this section "income" for families receiving cash assistance under section 40-5.2-11 means gross earned income and unearned income, subject to the income exclusions in subdivisions 40-5.2-10(g)(2) and 40-5.2-10(g)(3) and income for other families shall mean gross earned and unearned income as determined by departmental regulations.
(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast the expenditures for childcare in accordance with the provisions of 1 section 35-17-1.
(j) In determining eligibility for child care assistance for children of members of reserve components called to active duty during a time of conflict, the department shall freeze the family composition and the family income of the reserve component member as it was in the month prior to the month of leaving for active duty. This shall continue until the individual is officially discharged from active duty.
SECTION 4. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" is hereby amended by adding thereto the following chapter:
CHAPTER 55
THE RHODE ISLAND JOBS MATCH ENHANCEMENT PROGRAM
28-55-1. Short title. -- This chapter shall be known and may be cited as "The Rhode Island Jobs Match Enhancement Program."
28-55-2. Legislative findings. -- The general assembly finds and declares that:
(1) Rhode Island's statewide career pathways systems must be driven by local business and industry needs;
(2) Despite high unemployment, businesses report difficulties and frustration in locating employment candidates with the requisite knowledge, skills, and abilities they need;
(3) Locating, training and preparing candidates to fill job openings is an expense that few companies can afford;
(4) The state needs a focused interagency collaboration to provide easy access for businesses to find competent employees and job seekers to obtain necessary resources, training and skills development; and
(5) The state needs to build upon the efforts of the department of labor and training to facilitate employers' access to high quality, skilled job seekers and reduce the number of unemployed individuals in Rhode Island.
28-55-3. The Rhode Island enhanced job match system. -- On or before July 2, 2014, the department of labor and training shall implement the jobs match enhancement program using the current department of labor and training web based workforce and job system as a basis, with significant enhancements, as follows:
(1) It shall be easy for employers to participate in, update and receive responses from job seekers, addressing potential barriers to participation;
(2) It shall be understandable, accessible and productive for job seekers, including measures to ensure literacy-based accessibility;
(3) It shall allow for the prompt identification of workers who are partially, but not fully matched for job openings, resulting in timely skill gap remediation plans;
(4) It shall have the ability to address identified skill gaps through the provision of training and/or education;
(5) It shall notify the department of labor and training of the nature of the skill gaps which exist between job openings and job seekers, and shall have the ability to aggregate skill gap reports for the department;
(6) It shall be promoted and advertised to maximize business and employment use; and
(7) In an effort to ensure that employers' hiring needs are being met, employers shall be encouraged to engage with the system and provide information pertaining to job openings and desired skill sets for potential new hires.
28-55-4. Reporting. -- On or before October 1, 2013, the department of labor and training shall report to the president of the senate and the speaker of the house of representatives on the progress toward implementing the jobs match enhancement program, along with an estimate of any additional costs related to the purchase of the enhancements listed in section 28-55-3.
28-55-5. Funding. -- The implementation of enhancements to the department of labor and training's web based workforce and job system shall be contingent upon available public and/ or private financing.
SECTION 5. Reporting Requirements.
In determining the effectiveness of the workforce training initiatives contained in sections 1 through 4 of this article, the governor's workforce board shall report on the progress of these programs in the biennial employment and training plan for the state as required under section 42-102-9.
SECTION 6. If any of the provisions of this act or the application thereof to any persons or circumstances are held invalid, the remainder of this act and the application thereof to other persons or circumstances shall not be affected thereby. To that end, the provisions of this act are declared to be severable.
SECTION 7. This article shall take effect upon passage.
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ARTICLE 16
RELATING TO RESTRICTED RECEIPT ACCOUNTS
SECTION 1. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds" is hereby amended to read as follows:
35-4-27. Indirect cost recoveries on restricted receipt accounts. -- Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt accounts, to be recorded as general revenues in the general fund. However, there shall be no transfer from cash receipts with restrictions received exclusively: (1) from contributions from non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on federal grant funds; or (3) through transfers from state agencies to the department of administration for the payment of debt service. These indirect cost recoveries shall be applied to all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The following restricted receipt accounts shall not be subject to the provisions of this section:
Department of Human Services
Veterans' home – Restricted account
Veterans' home – Resident benefits
Pharmaceutical Rebates Account
Demand Side Management Grants
Organ transplant fund
Veteran's Cemetery Memorial Fund
Department of Health
Providence Water Lead Grant
Pandemic medications and equipment account
Department of Mental Health, Retardation and Hospitals Behavioral Healthcare,
Developmental Disabilities and Hospitals
Eleanor Slater non-Medicaid third-party payor account
Hospital Medicare Part D Receipts
RICLAS Group Home Operations
Vigneron Memorial Fund
Grant
Commission on the Deaf and Hard of Hearing
Emergency and public communication access account
Department of Environmental Management
National heritage revolving fund
Environmental response fund II
Underground storage tanks registration fees
Rhode Island Council on the Arts
Art for public
facilities fund
Rhode Island Foundation Grant
Rhode Island Historical Preservation and Heritage Commission
Historic preservation revolving loan fund
Historic Preservation loan fund – Interest revenue
Department of Public Safety
Forfeited property – Retained
Forfeitures – Federal
Forfeited property – Gambling
Donation – Polygraph and Law Enforcement Training
Rhode Island State Firefighter's League Training Account
Fire Academy Training Fees Account
Attorney General
Forfeiture of property
Federal forfeitures
Attorney General multi-state account
Forfeited property – Gambling
Department of Administration
Office of Management and Budget
Information Technology Investment Fund
Restore and replacement – Insurance coverage
Convention Center Authority rental payments
Investment Receipts – TANS
Car Rental Tax/Surcharge-Warwick Share
OPEB System Restricted
Receipt Account
ARRA Administrative
Expenses - Bureau of Audits
ARRA Administrative
Expenses – Purchasing
Legislature
Audit of federal assisted programs
Department of Elderly
Affairs
Pharmaceutical Rebates
Account
Department of Children Youth and Families
Children's Trust Accounts – SSI
Military Staff
RI Military Family Relief Fund
RI National Guard Counterdrug Program
Treasury
Admin. Expenses – State Retirement System
Retirement – Treasury Investment Options
Violent Crimes Compensation – Refunds
Treasury Research Fellowship
Business Regulation
Banking Division Reimbursement Account
Office of the Health Insurance Commissioner Reimbursement Account
Securities Division Reimbursement Account
Commercial Licensing and Racing and Athletics Division Reimbursement Account
Insurance Division Reimbursement Account
Historic Preservation Tax Credit Account.
Judiciary
Arbitration Fund Restricted Receipt Account
Third Party Grants
Department of Elementary and Secondary Education
Statewide Student Transportation Services Account
School for the Deaf Fee for Service Account
Davies Career and Technical School Local Education Aid Account
Early Childhood Grant
Program Account
Office of the Governor
ARRA Administrative
Expenses – Office of Economic Recovery and Reinvestment
Department of Labor and Training
Job Development Fund – Title XII loans principal and interest
Department of Transportation
Rhode Island Highway Maintenance Account
SECTION 2. Chapter 8-15 of the General Laws entitled "Court Administration" is hereby amended by adding thereto the following section:
8-15-10. Receipt and use of funds. -- There is hereby established in the judicial department a restricted receipt account referred to as "Third Party Grants." The judicial department shall have the authority to receive and expend monies from gifts, devises, grants, bequests, or donations. The judicial department is authorized to enter into any contracts necessary to obtain and expend those funds.
SECTION 3. This article shall take effect upon passage.
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ARTICLE 17
RELATING TO EMERGENCY AND PUBLIC COMMUNICATION ACCESS FUND
SECTION 1. Section 39-1-42 of the General Laws in Chapter 39-1 entitled "Public Utilities Commission" is hereby amended to read as follows:
39-1-42. Access to telephone information services for persons with disabilities. -- (a) The public utilities commission shall establish, administer and promote an information accessibility service that includes:
(1) A statewide telephone relay service and, through the competitive bidding process, contract for the administration and operation of such a relay system for utilization of the telecommunications network by deaf, hard of hearing and speech impaired persons;
(2) The adaptive telephone equipment loan program capable of servicing the needs of persons who are deaf, hard of hearing, severely speech impaired, or those with neuromuscular impairments for use with a single party telephone line, to any subscriber who is certified as deaf, hard of hearing, severely speech impaired, or with neuromuscular impairments by a licensed physician, audiologist, speech pathologist, or a qualified state agency, pursuant to chapter 23 of this title; and
(3) A telephone access to the text of newspaper programs to residents who are blind, deaf or blind, visually impaired, or reading impaired with a single party telephone line.
(b) The commission shall establish, by rule or regulation, an appropriate funding mechanism to recover the costs of providing this service from each residence and business telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and each service line or trunk, and upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network. Notwithstanding the foregoing, there shall not be any additional funding mechanism used to charge each residence and business telephone access line or truck in the state, including PBX trunks and centrex equivalent trunks and each service line or trunk, or upon each user interface number or extension number or similarly identifiable line, trunk or path to or from a digital network, to recover the costs of providing the services outlined in subsections (a)(1), (2) or (3) above.
(c) The commission, with the assistance of the state commission on the deaf and hard of hearing, shall also develop the appropriate rules, regulations and service standards necessary to implement the provisions of subsection (a)(1) of this section. At a minimum, however, the commission shall require, under the terms of the contract, that the relay service provider:
(1) Offer its relay services seven (7) days a week, twenty-four (24) hours a day, including holidays;
(2) Hire only qualified salaried operators with deaf language skills; and
(3) Maintain the confidentiality of all communications.
(e) (d) The
commission shall collect from the telecommunications service providers the
amounts of the surcharge collected from their subscribers and remit to the department of human services an additional ten thousand dollars ($10,000) annually commencing in fiscal year 2005 for the adaptive telephone equipment loan program and forty thousand dollars ($40,000) to the department of human services for the establishment of a new telephone access to the text of newspaper programs. In addition, eighty thousand dollars ($80,000) shall annually be remitted to the Rhode Island Commission on the Deaf and Hard of Hearing for an emergency and public communication access program, pursuant to section 23-1.8-4 of the Rhode Island general laws. The surcharge referenced hereunder shall be generated from existing funding mechanisms and shall not be generated as a result of any new funding mechanisms charged to each residence and business telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and each service line or trunk, or upon each user interface number or extension number or similarly identifiable line, trunk or path to or from a digital network.
SECTION 2. Chapter 23-1.8 of the General Laws entitled "Commission on the Deaf and Hard of Hearing" is hereby amended by adding thereto the following section:
23-1.8-4. Emergency and public communication access account. -- (a) There is established within the general fund the emergency and public communication access restricted receipt account, which shall be referred to as the EPCA account. This purpose of this account is to fund emergency communication and enhance public communication access for deaf and hard of hearing people, in accordance with subsection 39-1-42(e) of the Rhode Island general laws. In addition, the account shall be used to enhance emergency communication systems to alert deaf and hard of hearing people to any type of emergencies within the state.
(b) The account shall be used to purchase and install public communication access equipment and products at public sites for deaf and hard of hearing citizens.
(c) The commission is authorized to establish, administer and promote its emergency and public communication access program.
(d) The commission is authorized to make purchases specifically for the EPCA program and empowered to receive donations and grants from sources including, but not limited to, the federal government, governmental and private foundations, and corporate and individual donors; these donations and grants to be deposited in the EPCA account.
(e) The commission is authorized to promulgate rules and regulations that will set forth how the commission shall utilize the EPCA account. In preparing rules and regulations regarding emergency communications, the Commission shall confer with applicable departments and agencies.
SECTION 3. This article shall take effect upon passage.
ARTICLE 18
RELATING TO HUMAN SERVICES -- TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND CHILD CARE
SECTION 1. Temporary Assistance for Needy Families Pilot Initiative.
WHEREAS, The state is focused on providing opportunities to low income people to increase their skills and training, find employment and support their families; and
WHEREAS, The Department of Human Services (the "Department") provides numerous programs to assist low income families to not only find employment but also retain employment and increase career path opportunities; and
WHEREAS, the Rhode Island Works and Child Care Assistance Programs administered by the Department offer the assistance necessary to ensure low income Rhode Islanders have every chance to succeed in the workplace; and
WHEREAS, The Rhode Island Works Program offers a number of opportunities for participants including, but not limited to, on the job training, subsidized employment, unpaid work experiences, community service, job readiness training and vocational education training; and
WHEREAS, the FY 2014 budget provides $3,000,000 in temporary assistance for needy families ("TANF") surplus funds to establish a pilot initiative that promotes innovation in TANF supported programs and tests new ways of delivering services to low income individuals and families; and
WHEREAS, There are a number of challenges that need to be addressed in these programs to increase the success rate of participants including, but not limited to, the work participation rates in Rhode Island Works and the ability of parents to increase their work hours and/or salaries without immediately losing access to important child care assistance; and
WHEREAS, Opportunities exist as part of the pilot initiative to identify innovations for how the Rhode Island Works and Child Care Assistance Programs deliver services to those families and individuals that benefit from the programs; now therefore be it
RESOLVED, That the Department shall draft an innovative proposal to test new approaches and shall award a contract on a competitive basis with a job development vendor(s) to increase the work participation rates of the Rhode Island Works Program; and be it further
RESOLVED, That the Department may increase its case management of Rhode Island Works participants in order to ensure greater levels of success, quality employment and training opportunities for participants; and be it further
RESOLVED, That the statutory limitations for income levels eligible for the Child Care Assistance Program will be temporarily adjusted to provide that parents whose income increases from a level at or below one hundred eighty percent (180%) of the federal poverty level to a level between one hundred eighty percent (180%) and two hundred twenty-five percent (225%) will not lose access to the program because of the increase in income; and be it further
RESOLVED, That the Department shall provide the Governor with monthly written reports regarding the implementation of the pilot initiative including, but not limited to, performance measures and progress made to increase work participation rates for Rhode Island Works programs; and be it further
RESOLVED, That the Department shall report to the Governor and the General Assembly no later than April 1, 2014 regarding the findings of the pilot initiative including program changes that were tested, vendor performance and benchmarks achieved, recommendations for statutory amendments to continue the successes of the pilot, and the number of individuals and families that participated in the pilot and their successes; and be it further
RESOLVED, That any and all information in the Department's report regarding participants shall be in the aggregate and shall not include personally identifying information that may be highlighted as models for the pilot initiative's success without prior consent of any participants.
SECTION 2. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode Island Works Program" is hereby amended to read as follows:
40-5.2-20. Child care assistance. -- Families or assistance units eligible for childcare assistance.
(a) The department shall provide appropriate child care to every participant who is eligible for cash assistance and who requires child care in order to meet the work requirements in accordance with this chapter.
(b) Low-Income child care. - The department shall provide child care to all other working families with incomes at or below one hundred eighty percent (180%) of the federal poverty level, if and to the extent such other families require child care in order to work at paid employment as defined in the department's rules and regulations.
(c) No family/assistance unit shall be eligible for child care assistance under this chapter if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid resources are defined as any interest(s) in property in the form of cash or other financial instruments or accounts which are readily convertible to cash or cash equivalents. These include, but are not limited to, cash, bank, credit union, or other financial institution savings, checking and money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual funds, and other similar financial instruments or accounts. These do not include educational savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. The department is authorized to promulgate rules and regulations to determine the ownership and source of the funds in the joint account.
(d) As a condition of eligibility for child care assistance under this chapter, the parent or caretaker relative of the family must consent to and must cooperate with the department in establishing paternity, and in establishing and/or enforcing child support and medical support orders for all children in the family in accordance with title 15 of the general laws, as amended, unless the parent or caretaker relative is found to have good cause for refusing to comply with the requirements of this subsection.
(e) For purposes of this section "appropriate child
care" means child care, including infant oddler
toddler, pre-school, nursery school, school-age,
which is provided by a person or organization qualified, approved, and
authorized to provide such care by the department of children, youth, and
families, or by the department of elementary and secondary education, or such
other lawful providers as determined by the department of human services, in
cooperation with the department of children, youth and families and the
department of elementary and secondary education.
(f)(1) Families with incomes below one hundred percent (100%) of the applicable federal poverty level guidelines shall be provided with free childcare. Families with incomes greater than one hundred percent (100%) and less than one hundred eighty (180%) of the applicable federal poverty guideline shall be required to pay for some portion of the childcare they receive, according to a sliding fee scale adopted by the department in the department's rules.
(2) For a twelve (12) month period beginning October 1, 2013, the Child Care Subsidy Transition Program shall function within the department of human services. Under this program, families who are already receiving childcare assistance and who become ineligible for childcare assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the applicable federal poverty guidelines shall continue to be eligible for childcare assistance from October 1, 2013 to September 30, 2014 or until their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty guidelines, whichever occurs first. To be eligible, such families must continue to pay for some portion of the childcare they receive, as indicated in a sliding fee scale adopted in the department's rules and in accordance with all other eligibility standards.
(g) In determining the type of childcare to be provided to a family, the department shall take into account the cost of available childcare options, the suitability of the type of care available for the child, and the parent's preference as to the type of child care.
(h) For purposes of this section "income" for families receiving cash assistance under section 40-5.2-11 means gross earned income and unearned income, subject to the income exclusions in subdivisions 40-5.2-10(g)(2) and 40-5.2-10(g)(3) and income for other families shall mean gross earned and unearned income as determined by departmental regulations.
(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast the expenditures for childcare in accordance with the provisions of section 35-17-1.
(j) In determining eligibility for child care assistance for children of members of reserve components called to active duty during a time of conflict, the department shall freeze the family composition and the family income of the reserve component member as it was in the month prior to the month of leaving for active duty. This shall continue until the individual is officially discharged from active duty.
SECTION 3. This article shall take effect upon passage.
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ARTICLE 19 AS AMENDED
RELATING TO MEDICAL ASSISTANCE
SECTION 1. Sections 40-8-13.4, 40-8-17 and 40-8-19 of the General Laws in Chapter 40-8 entitled "Medical Assistance" are hereby amended to read as follows:
40-8-13.4. Rate methodology for payment for in state and out of state hospital
services.-- (a) The department
executive office of health and human services shall implement a new
methodology for payment for in state and out of state hospital services in
order to ensure access to and the provision of high quality and cost-effective
hospital care to its eligible recipients.
(b) In order to improve efficiency
and cost effectiveness, the department executive office of health
and human services shall:
(1) With respect to inpatient services for persons in
fee for service Medicaid, which is non-managed care, implement a new payment
methodology for inpatient services utilizing the Diagnosis Related Groups (DRG)
method of payment, which is, a patient classification method which provides a
means of relating payment to the hospitals to the type of patients cared for by
the hospitals. It is understood that a payment method based on Diagnosis
Related Groups may include cost outlier payments and other specific exceptions.
The department executive office will review the DRG payment method and the
DRG base price annually, making adjustments as appropriate in consideration of
such elements as trends in hospital input costs, patterns in hospital coding,
beneficiary access to care, and the Center for Medicare and Medicaid Services
national CMS Prospective Payment System (IPPS) Hospital Input Price
index.
(B)
With respect to inpatient services, (i) it is required as of January 1, 2011
until December 31, 2011, that the Medicaid managed care payment rates between
each hospital and health plan shall not exceed ninety and one tenth percent
(90.1%) of the rate in effect as of June 30, 2010. Negotiated increases in
inpatient hospital payments for each annual twelve (12) month period beginning
January 1, 2012 may not exceed the Centers for Medicare and Medicaid Services
national CMS Prospective Payment System (IPPS) Hospital Input Price index for
the applicable period; (ii) provided, however, for
the twelve (12) month period beginning July 1, 2013 the Medicaid managed care
payment rates between each hospital and health plan shall not exceed the
payment rates in effect as of January 1, 2013; (iii) negotiated increases in
inpatient hospital payments for each annual twelve (12) month period beginning
July 1, 2014 may not exceed the Centers for Medicare and Medicaid Services
national CMS Prospective Payment System (IPPS) Hospital Input Price Index, less
Productivity Adjustment, for the applicable period; (iv) The Rhode
Island department executive office of health
and human services will develop an audit methodology and process to
assure that savings associated with the payment reductions will accrue directly
to the Rhode Island Medicaid program through reduced managed care plan payments
and shall not be retained by the managed care plans; (iii) (v) All hospitals
licensed in Rhode Island shall accept such payment rates as payment in full;
and (iv) (vi)
for all such hospitals, compliance with the provisions of this section shall be
a condition of participation in the Rhode Island Medicaid program.
(2)
With respect to outpatient services and notwithstanding any provisions of the
law to the contrary, for persons enrolled in fee for service Medicaid, the department executive
office will reimburse hospitals for outpatient services using a rate
methodology determined by the department executive office and in accordance with federal
regulations. Fee-for-service outpatient rates shall align with Medicare
payments for similar services. Changes Notwithstanding the above, there shall be no increase in the
Medicaid fee-for-service outpatient rates effective July 1, 2013. Thereafter,
changes to outpatient rates will be implemented on July 1 each year and shall align with Medicare payments for similar services
from the prior federal fiscal year. With respect to the outpatient
rate, (i) it is required as of January
1, 2011 until December 31, 2011, that the Medicaid managed care payment rates
between each hospital and health plan shall not exceed one hundred percent
(100%) of the rate in effect as of June 30, 2010. Negotiated increases in
hospital outpatient payments for each annual twelve (12) month period beginning
January 1, 2012 may not exceed the Centers for Medicare and Medicaid Services
national CMS Outpatient Prospective Payment System (OPPS) hospital price index
for the applicable period.; (ii) provided, however, for the twelve (12) month period
beginning July 1, 2013 the Medicaid managed care outpatient payment rates
between each hospital and health plan shall not exceed the payment rates in
effect as of January 1, 2013; (iii) negotiated increases in outpatient hospital
payments for each annual twelve (12) month period beginning July 1, 2014 may
not exceed the Centers for Medicare and Medicaid Services national CMS
Outpatient Prospective Payment System (OPPS) Hospital Input Price Index, less
Productivity Adjustment, for the applicable period.
(c)
It is intended that payment utilizing the Diagnosis Related Groups method shall
reward hospitals for providing the most efficient care, and provide the department executive
office the opportunity to conduct value based purchasing of
inpatient care.
(d)
The director secretary
of the department executive office of health
and human services and/or the secretary
of executive office of health and human services is hereby
authorized to promulgate such rules and regulations consistent with this
chapter, and to establish fiscal procedures he or she deems necessary for the
proper implementation and administration of this chapter in order to provide
payment to hospitals using the Diagnosis Related Group payment methodology.
Furthermore, amendment of the Rhode Island state plan for medical assistance
(Medicaid) pursuant to Title XIX of the federal Social Security Act is hereby
authorized to provide for payment to hospitals for services provided to
eligible recipients in accordance with this chapter.
(e)
The department executive office shall comply with all public notice
requirements necessary to implement these rate changes.
(f)
As a condition of participation in the DRG methodology for payment of hospital
services, every hospital shall submit year-end settlement reports to the department executive
office within one year from the close of a hospital’s fiscal year.
Should a participating hospital fail to timely submit a year-end settlement
report as required by this section, the department
executive office shall withhold
financial cycle payments due by any state agency with respect to this hospital
by not more than ten percent (10%) until said report is submitted. For hospital
fiscal year 2010 and all subsequent fiscal years, hospitals will not be
required to submit year-end settlement reports on payments for outpatient
services. For hospital fiscal year 2011 and all subsequent fiscal years,
hospitals will not be required to submit year-end settlement reports on claims
for hospital inpatient services. Further, for hospital fiscal year 2010,
hospital inpatient claims subject to settlement shall include only those claims
received between October 1, 2009 and June 30, 2010.
(g) The provisions of this section shall be effective upon implementation of the amendments and new payment methodology pursuant to this section and § 40-8-13.3, which shall in any event be no later than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15, and 27-19-16 shall be repealed in their entirety.
(h) The director of the Department of Human Services shall
establish an independent study commission comprised of representatives of the
hospital network, representatives from the communities the hospitals serve,
state and local policy makers and any other stakeholders or consumers
interested in improving the access and affordability of hospital care.
The study commission
shall assist the director in identifying: issues of concern and priorities in
the community hospital system, the delivery of services and rate structures,
including graduate medical education and training programs; and opportunities
for building sustainable and effective pubic-private partnerships that support
the missions of the department and the state’s community hospitals.
The director of the
Department of Human Services shall report to the chairpersons of the House and
Senate Finance Committees the findings and recommendations of the study commission
by December 31, 2010.
40-8-17. Waiver request. -- (a) Formation. - The department of human services, in conjunction with the
executive office of health and human services, is directed and authorized to
apply for and obtain any necessary waiver(s), waiver amendment(s) and/or state
plan amendments from the secretary of the United States department of health
and human services, including, but not limited to, a
an extension of the section 1115(a) global demonstration waiver that provides program flexibility in exchange for federal
budgetary certainty and under which Rhode Island will operate all facets of the
state's Medicaid program, except as may be explicitly exempted under any
applicable public or general laws. amended,
as appropriate, and renamed to reflect the state's effort to coordinate all
publicly financed healthcare. The secretary of the office shall ensure that the
state's health and human services departments and the people and communities
they serve in the Medicaid program shall have the opportunity to contribute to
and collaborate in the formulation of any request for a new waiver, waiver
extension and/or state plan amendment(s). Any such actions shall: (1) continue
efforts to re-balance the system of long-term services and supports by assisting
people in obtaining care in the most appropriate and least restrictive setting;
(2) pursue further utilization of care management models that promote
preventive care, offer a health home, and provide an integrated system of
services; (3) use smart payments and purchasing to finance and support Medicaid
initiatives that fill gaps in the integrated system of care; and (4) recognize
and assure access to non-medical services and supports, such as peer navigation
and employment and housing stabilization services, that are essential for
optimizing a person's health, wellness and safety and that reduce or delay the
need for long-term services and supports.
(b) Effective July 1, 2009, any provision presently in effect in
the Rhode Island General Laws where the department
of human services, in conjunction with the executive office of
health and human services, is authorized to apply for and obtain any necessary
waiver(s), waiver amendment(s) and/or state plan amendment(s) for the purpose
of providing medical assistance to recipients, shall authorize the department of human services, in conjunction with
the executive office of health and human services, to proceed with appropriate
category changes in accordance with the special terms and conditions of the
Rhode Island Global Consumer Choice Compact section 1115(a) Demonstration
Waiver, which became effective January 16, 2009.
or any extension thereof, as amended and/or renamed
under the authority provided in this section.
40-8-19. Rates of payment to nursing facilities. -- (a) Rate reform. (1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to participate in the Title XIX Medicaid program for services rendered to Medicaid-eligible residents, shall be reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. § 1396a(a)(13). The executive office of health and human services shall promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1, 2011 to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq., of the Social Security Act.
(2) The executive office of health and human services (“Executive Office”) shall review the current methodology for providing Medicaid payments to nursing facilities, including other long-term care services providers, and is authorized to modify the principles of reimbursement to replace the current cost based methodology rates with rates based on a price based methodology to be paid to all facilities with recognition of the acuity of patients and the relative Medicaid occupancy, and to include the following elements to be developed by the executive office:
(i) A direct care rate adjusted for resident acuity;
(ii) An indirect care rate comprised of a base per diem for all facilities;
(iii) A rearray of costs for all facilities every three (3) years beginning October, 2015, which may or may not result in automatic per diem revisions;
(iv) Application of a fair rental value system;
(v) Application of a pass-through system; and
(vi) Adjustment of rates by the change in a recognized national nursing home inflation index to be applied on October 1st of each year, beginning October 1, 2012. This adjustment will not occur on October 1, 2013, but will resume on October 1, 2014. Said inflation index shall be applied without regard for the transition factor in subsection (b)(2) below.
(b) Transition to full
implementation of rate reform. For no less than four (4) years after the
initial application of the price-based methodology described in subdivision
(a)(2) to payment rates, the department executive office of health and human services
shall implement a transition plan to moderate the impact of the rate reform on
individual nursing facilities. Said transition shall include the following
components:
(1) No nursing facility shall receive reimbursement for direct care costs that is less than the rate of reimbursement for direct care costs received under the methodology in effect at the time of passage of this act; and
(2) No facility shall lose or gain more than five dollars ($5.00) in its total per diem rate the first year of the transition. The adjustment to the per diem loss or gain may be phased out by twenty-five percent (25%) each year; and
(3) The transition plan and/or period may be modified upon full implementation of facility per diem rate increases for quality of care related measures. Said modifications shall be submitted in a report to the general assembly at least six (6) months prior to implementation.
SECTION 2. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby amended by adding thereto the following chapter:
CHAPTER 40-8.11
HEALTH CARE FOR ADULTS
40-8.11-1. Purpose. -- Pursuant to section 42-12.3-2, it is the intent of the general assembly to create access to comprehensive health care for uninsured Rhode Islanders. The Rhode Island Medicaid program has become an important source of insurance coverage for low income pregnant women, families with children, elders, and persons with disabilities who might not be able otherwise to obtain or afford health care. Under the U.S. Patient Protection and Affordable Care Act (ACA) of 2010, all Americans will be required to have health insurance, with some exceptions, beginning in 2014. Federal funding is available with ACA implementation to help pay for health insurance for low income adults, ages nineteen (19) to sixty-four (64), who do not qualify for Medicaid eligibility under Rhode Island general and public laws. It is the intent of the general assembly, therefore, to implement the Medicaid expansion for adults without dependent children authorized by the ACA, to extend health insurance coverage to these Rhode Islanders and further the goal established in section 42-12.3-2 in1993.
40-8.11-2. Eligibility.-- (a) Medicaid coverage for non-pregnant adults without children. There is hereby established, effective January 1, 2014, a category of Medicaid eligibility pursuant to Title XIX of the Social Security Act, as amended by the U.S. Patient Protection and Affordable Care Act (ACA) of 2010, 42 U.S.C. section 1396u-1, for adults ages nineteen (19) to sixty-four (64) who do not have dependent children and do not qualify for Medicaid under Rhode Island general laws applying to families with children and adults who are blind, aged or living with a disability. The executive office of health and human services is directed to make any amendments to the Medicaid state plan and waiver authorities established under title XIX necessary to implement this expansion in eligibility and assure the maximum federal contribution for health insurance coverage provided pursuant to this chapter.
(b) Income. The secretary of the executive office of health and human services is authorized and directed to amend the Medicaid Title XIX state plan and, as deemed necessary, any waiver authority to effectuate this expansion of coverage to any Rhode Islander who qualifies for Medicaid eligibility under this chapter with income at or below one hundred and thirty-three percent (133%) the federal poverty level, based on modified adjusted gross income.
(c) Delivery system. The executive office of health and human services is authorized and directed to apply for and obtain any waiver authorities necessary to provide persons eligible under this chapter with managed, coordinated health care coverage consistent with the principles set forth in section 42-12.4, pertaining to a health care home.
40-8.11-3. Premium assistance program. – (a) The office of health and human services is directed to amend its rules and regulations to implement a premium assistance program for adults with dependent children, enrolled in the state's health benefits exchange, whose annual income and resources meet the guidelines established in section 40-8.4-4 in effect on December 1, 2013. The premium assistance will pay one-half of the cost of a commercial plan that a parent may incur after subtracting the cost-sharing requirement under section 40-8.4-4 as of December 31, 2013 and any applicable federal tax credits available. The office is also directed to amend the 1115 waiver demonstration extension and the medical assistance title XIX state plan for this program if it is determined that it is eligible for funding pursuant to title XIX of the social security act.
(b) The office of health and human services shall require any individual receiving benefits under a state funded healthcare assistance program to apply for any health insurance for which he or she is eligible, including health insurance available through the health benefits exchange. Nothing shall preclude the state from using funds appropriated for affordable care act transition expenses to reduce the impact on an individual who has been transitioned from a state program to a health insurance plan available through the health benefits exchange. It shall not be deemed cost effective for the state if it would result in a loss of benefits or an increase in the cost of health care services for the person above an amount deemed de minimus as determined by state regulation.
SECTION 3. Section 42-12.4-8 of the General Laws in Chapter 42-12.4 entitled "The Rhode Island Medicaid Reform Act of 2008" is hereby amended to read as follows:
42-12.4-8. Demonstration
termination. -- Demonstration expiration or termination.- In the event the demonstration is suspended or
terminated for any reason, or in the event that the demonstration expires, the department of human services, in conjunction with
the executive office of health and human services, is directed and authorized
to apply for and obtain all waivers an extension or renewal of the section 1115 research and
demonstration waiver or any new waiver(s) that, at a minimum, ensure continuation
of the waiver authorities in existence prior to the acceptance of
the demonstration. The office shall ensure that any
such actions are conducted in accordance with applicable federal guidelines
pertaining to section 1115 demonstration waiver renewals, extensions,
suspensions or terminations. The department
of human services and the executive office of health and human
services to the extent possible shall ensure that said waivers waiver
authorities are reinstated prior to any suspension, termination, or
expiration of the demonstration.
SECTION 4. Section 40-8.4-4 of the General Laws in Chapter 40-8.4 entitled "Health Care For Families" is hereby amended to read as follows:
40-8.4-4. Eligibility. -- (a) Medical assistance for families. - There
is hereby established a category of medical assistance eligibility pursuant to
section 1931 of Title XIX of the Social Security Act, 42 U.S.C. section
1396u-1, for families whose income and resources are no greater than the
standards in effect in the aid to families with dependent children program on
July 16, 1996 or such increased standards as the department may determine. The department office
of health and human services is directed
to amend the medical assistance Title XIX state plan and to submit to the U.S.
Department of Health and Human Services an amendment to the RIte Care waiver
project to provide for medical assistance coverage to families under this
chapter in the same amount, scope and duration as coverage provided to
comparable groups under the waiver. The department is further authorized and
directed to submit such amendments and/or requests for waivers to the Title XXI
state plan as may be necessary to maximize federal contribution for provision
of medical assistance coverage provided pursuant to this chapter, including
providing medical coverage as a "qualified state" in accordance with
Title XXI of the Social Security Act, 42 U.S.C. section 1397 et seq.
Implementation of expanded coverage under this chapter shall not be delayed
pending federal review of any Title XXI amendment or waiver.
(b) Income. - The director secretary of the department
office of health
and human services is authorized and directed to amend the medical
assistance Title XIX state plan or RIte Care waiver to provide medical assistance
coverage through expanded income disregards or other methodology for parents or
relative caretakers whose income levels are below one
hundred seventy-five percent (175%) one
hundred thirty-three percent (133%) of the federal poverty level.
(c) Waiver. - The department of human
services is authorized and directed to apply for and obtain appropriate waivers
from the Secretary of the U.S. Department of Health and Human Services,
including, but not limited to, a waiver of the appropriate provisions of Title
XIX, to require that individuals with incomes equal to or greater than one
hundred fifty percent (150%) of the federal poverty level pay a share of the
costs of their medical assistance coverage provided through enrollment in
either the RIte Care Program or under the premium assistance program under
section 40-8.4-12, in a manner and at an amount consistent with comparable
cost-sharing provisions under section 40-8.4-12, provided that such cost
sharing shall not exceed five percent (5%) of annual income for those with
annual income in excess of one hundred fifty percent (150%); and provided,
further, that cost-sharing shall not be required for pregnant women or children
under age one.
SECTION 5. Section 40-8.4-12 of the General Laws in Chapter 40-8.4 entitled "Health Care For Families" is hereby amended to read as follows:
40-8.4-12. RIte Share Health Insurance Premium Assistance Program. --
(a) Basic RIte Share Health Insurance Premium Assistance Program. - The department office
of health and human services is
authorized and directed to amend the medical assistance Title XIX state plan to
implement the provisions of section 1906 of Title XIX of the Social Security
Act, 42 U.S.C. section 1396e, and establish the Rhode Island health insurance
premium assistance program for RIte Care eligible parents
families with incomes up to one hundred seventy-five percent (175%) two hundred fifty percent (250%) of the federal
poverty level who have access to employer-based health insurance. The state
plan amendment shall require eligible individuals
families with access to employer-based
health insurance to enroll themselves and/or their family in the employer-based
health insurance plan as a condition of participation in the RIte Share program
under this chapter and as a condition of retaining eligibility for medical
assistance under chapters 5.1 and 8.4 of this title and/or chapter 12.3 of
title 42 and/or premium assistance under this chapter, provided that doing so
meets the criteria established in section 1906 of Title XIX for obtaining
federal matching funds and the department has determined that the individual's
and/or the family's enrollment in the employer-based health insurance plan is
cost-effective and the department has determined that the employer-based health
insurance plan meets the criteria set forth in subsection (d). The department
shall provide premium assistance by paying all or a portion of the employee's
cost for covering the eligible individual or his or her family under the
employer-based health insurance plan, subject to the cost sharing provisions in
subsection (b), and provided that the premium assistance is cost-effective in
accordance with Title XIX, 42 U.S.C. section 1396 et seq.
(b) Individuals who can afford it shall share in the cost. - The department office
of health and human services is
authorized and directed to apply for and obtain any necessary waivers from the
secretary of the United States Department of Health and Human Services,
including, but not limited to, a waiver of the appropriate sections of Title
XIX, 42 U.S.C. section 1396 et seq., to require that individuals families
eligible for RIte Care under this chapter or chapter 12.3 of title 42 with
incomes equal to or greater than one hundred fifty percent (150%) of the
federal poverty level pay a share of the costs of health insurance based on the
individual's ability to pay, provided that the cost sharing shall not exceed
five percent (5%) of the individual's annual income. The department of human
services shall implement the cost-sharing by regulation, and shall consider
co-payments, premium shares or other reasonable means to do so.
(c) Current RIte Care enrollees with access to employer-based
health insurance. - The department office of health and
human services shall require any individual
family who receives RIte Care or whose
family receives RIte Care on the effective date of the applicable regulations
adopted in accordance with subsection (f) to enroll in an employer-based health
insurance plan at the individual's eligibility redetermination date or at an
earlier date determined by the department, provided that doing so meets the
criteria established in the applicable sections of Title XIX, 42 U.S.C. section
1396 et seq., for obtaining federal matching funds and the department has
determined that the individual's and/or the family's enrollment in the
employer-based health insurance plan is cost-effective and has determined that
the health insurance plan meets the criteria in subsection (d). The insurer
shall accept the enrollment of the individual and/or the family in the
employer-based health insurance plan without regard to any enrollment season
restrictions.
(d) Approval of health insurance plans for premium assistance. -
The department office of health and
human services shall adopt regulations providing for the approval of
employer-based health insurance plans for premium assistance and shall approve
employer-based health insurance plans based on these regulations. In order for
an employer-based health insurance plan to gain approval, the department must
determine that the benefits offered by the employer-based health insurance plan
are substantially similar in amount, scope, and duration to the benefits
provided to RIte Care eligible persons by the RIte Care program, when the plan
is evaluated in conjunction with available supplemental benefits provided by
the department office. The department office shall obtain and make available to persons
otherwise eligible for RIte Care as supplemental benefits those benefits not
reasonably available under employer-based health insurance plans which are
required for RIte Care eligible persons by state law or federal law or
regulation.
(e) Maximization of federal contribution. - The department office
of health and human services is authorized
and directed to apply for and obtain federal approvals and waivers necessary to
maximize the federal contribution for provision of medical assistance coverage
under this section, including the authorization to amend the Title XXI state
plan and to obtain any waivers necessary to reduce barriers to provide premium
assistance to recipients as provided for in Title XXI of the Social Security
Act, 42 U.S.C. section 1397 et seq.
(f) Implementation by regulation. - The department office
of health and human services is
authorized and directed to adopt regulations to ensure the establishment and
implementation of the premium assistance program in accordance with the intent
and purpose of this section, the requirements of Title XIX, Title XXI and any
approved federal waivers.
SECTION 86. Rhode Island Medicaid Reform Act of 2008.
WHEREAS, The General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode Island Medicaid Reform Act of 2008”; and
WHEREAS, A Joint Resolution is required pursuant to Rhode Island General Laws § 42- 12.4-1, et seq.; and
WHEREAS, Rhode Island General Law § 42-12.4-7 provides that any change that requires the implementation of a rule or regulation or modification of a rule or regulation in existence prior to the implementation of the global consumer choice section 1115 demonstration (“the demonstration”) shall require prior approval of the general assembly; and further provides that any category II change or category III change as defined in the demonstration shall also require prior approval by the general assembly; and
WHEREAS, Rhode Island General Law § 42-7.2-5 provides that the Secretary of the Office of Health and Human Services is responsible for the “review and coordination of any Global Consumer Choice Compact Waiver requests and renewals as well as any initiatives and proposals requiring amendments to the Medicaid state plan or category II or III changes” as described in the demonstration, with “the potential to affect the scope, amount, or duration of publicly-funded health care services, provider payments or reimbursements, or access to or the availability of benefits and services as provided by Rhode Island general and public laws”; and
WHEREAS, In pursuit of a more cost-effective consumer choice system of care that is fiscally sound and sustainable, the secretary requests general assembly approval of the following proposals to amend the demonstration:
(a) Nursing Facility Payment Rates - Eliminate Rate Increase. The Medicaid agency proposes to eliminate the projected nursing facility rate increase and associated hospice rate increase that would otherwise become effective during state fiscal year 2014. A Category II change is required to implement this proposal under the terms and conditions of the Global Consumer Choice Compact Waiver. Further, this change may also require the adoption of new or amended rules, regulations and procedures.
(b) Medicaid Hospital Payment Rates - Eliminate Adjustments. The Medicaid single state agency proposes to reduce hospital payments by eliminating the projected inpatient and outpatient hospital rate increase for state fiscal year 2014. A Category II change is required to implement this proposal under the terms and conditions of the Global Consumer Choice Compact Waiver. Further, this change may also require the adoption of new or amended rules, regulations and procedures.
(c) Integrated Care initiative - Implementation Phase-in. The Medicaid single state agency proposes to continue implementation of the Medicaid Integrated Care Initiative for Adults authorized under the Rhode Island Medicaid Reform Act of 2008, as amended in 2011. Moving the initiative forward may require Category II changes under the terms and conditions of the Global Consumer Choice Compact Waiver and the adoption of new or amended rules, regulations and procedures.
(d) BHDDH System Reforms - implementation of Employment First Initiative. As part of ongoing reforms promoting rehabilitation services that enhance a person’s dignity, self-worth and connection to the community, the Department of Behavioral Healthcare, Developmental Disabilities, and Hospitals proposes to change Medicaid financing to support the Employment First initiative. The initiative uses reductions in Medicaid payments to provide incentives for service alternatives that optimize health and independence. The resulting changes in payment rates may require Category II changes under the terms and conditions of the Global Consumer Choice Compact Waiver and the adoption of new or amended rules, regulations and procedures.
(e) Costs Not Otherwise Matchable (CNOM) Federal Funding. Implementation of the U.S. Patient Protection and Affordable Care Act of 2010 will render it unnecessary for the Medicaid agency to continue to pursue federal CNOM funding for services to certain newly Medicaid eligible populations served by the Executive Office of Health and Human Services, the Department of Human Services and the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals. Category II changes may be necessary under the terms and conditions of the Global Consumer Choice Compact Waiver to facilitate the transition of the affected people and services to full Medicaid coverage.
(f) Approved Authorities: Section 1115 Waiver Demonstration Extension. The Medicaid agency proposes to implement authorities approved under the Section 1115 waiver demonstration extension request - formerly known as the Global Consumer Choice Waiver - that (1) continue efforts to re-balance the system of long term services and supports by assisting people in obtaining care in the most appropriate and least restrictive setting; (2) pursue further utilization of care management models that offer a health home, promote access to preventive care, and provide an integrated system of services; (3) use smart payments and purchasing to finance and support Medicaid initiatives that fill gaps in the integrated system of care; and (4) recognize and assure access to non-medical services and supports, such as peer navigation and employment and housing stabilization services, that are essential for optimizing a person’s health, wellness and safety and that reduce or delay the need for long term services and supports.
(g) Medicaid Requirements and Opportunities under the US. Patient Protection and Affordable Care Act of 2010. The Medicaid agency proposes to pursue any requirements and/or opportunities established under the U.S. Patient Protection and Affordable Care Act of 2010 that may warrant a Medicaid State Plan Amendment and/or a Category II or III change under the terms and conditions of the Global Consumer Choice Compact Waiver or its successor or any extension thereof. Such opportunities and requirements include, but are not limited to: (1) the continuation of coverage for youths who had been in substitute care who are at least eighteen (18) years old but are not yet twenty-six (26) years of age, and who are eligible for Medicaid coverage under the Foster Care Independence Act of 1999 (2) the maximizing of Medicaid federal matching funds for any services currently administered by the health and human services agencies that are authorized under Rhode Island general and public laws. Any such actions the Medicaid agency takes shall not have an adverse impact on beneficiaries or cause there to be an increase in expenditures beyond the amount appropriated for state fiscal year 2014. Now, therefore, be it
(h) RIte Care Parents Eligibility. The Medicaid single state agency proposes to reduce the RIte Care coverage income eligibility threshold for parents to one hundred thirty-three percent (133%) of the federal poverty level. A Category III change is required to implement this proposal under the terms and conditions of the Global Consumer Choice Compact Waiver. Further this change requires the adoption of amended rules, regulations and procedures.
(i) Cortical Integrative Therapy. The Medicaid single state agency shall seek to create a new service entitled Cortical Integrative Therapy. This service is designed to effectuate either neuronal excitation or inhibition through temporal and spatial summation to strengthen synaptic connections. Creating this new service may require Category II changes under the terms and conditions of the Global Consumer Choice Waiver and the adoption of new or amended rules, regulations, and procedures;
Now, therefore, be it
RESOLVED, that the general assembly hereby approves proposals (a)
through (f)(i)
listed above to amend the demonstration; and be it further
RESOLVED, that the secretary of the office of health and human services is authorized to pursue and implement any waiver amendments, category II or category III changes, state plan amendments and/or changes to the applicable department’s rules, regulations and procedures approved herein and as authorized by § 42-12.4-7.
SECTION 9. This article shall take effect upon passage.
SECTION 7. Section 4 of this article shall take
effect on January 1, 2014. The remainder of this Article shall take effect
upon passage.
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art.020/3/011/2/024/1
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ARTICLE 20
RELATING TO MUNICIPAL ROAD AND BRIDGE REVOLVING FUND
SECTION 1. Title 24 of the General Laws entitled "HIGHWAYS" is hereby amended by adding thereto the following chapter:
CHAPTER 18
MUNICIPAL ROAD AND BRIDGE REVOLVING FUND
24-18-1. Short title. -- This act shall be known and may be cited as the "Municipal Road and Bridge Revolving Fund Act of 2013."
24-18-2. Legislative findings. -- The general assembly finds and declares that:
(1) Transportation plays a critical role in enabling economic activity in the state of Rhode Island;
(2) Cities and towns can lower the costs of borrowing for road and bridge projects through cooperation with the Rhode Island Clean Water Finance Agency;
(3) The Clean Water and Drinking Water Fund programs administered by the Rhode Island Clean Water Finance Agency benefit from the highest bond rating of any public entity in the state of Rhode Island; and
(4) Greater coordination among cities and towns will enable more efficient allocation of infrastructure resources by the state of Rhode Island.
24-18-3. Definitions. -- As used in this chapter, the following terms, unless the context requires a different interpretation, shall have the following meanings:
(1) "Agency" means the Rhode Island clean water finance agency as set forth in chapter 46-12.2;
(2) "Annual construction plan" means the finalized list of approved projects to commence construction each calendar year;
(3) "Approved project" means any project approved by the agency for financial assistance;
(4) "Department" means the department of transportation, or, if the department shall be abolished, the board, body, or commission succeeding to the principal functions thereof or upon whom the powers given by chapter 5 of title 37 to the department shall be given by law.
(5) "Eligible project" means an infrastructure plan, or portion of an infrastructure plan, that meets the project evaluation criteria;
(6) "Financial assistance" means any form of financial assistance other than grants provided by the agency to a city or town in accordance with this chapter for all or any part of the cost of an approved project, including, without limitation, temporary and permanent loans, with or without interest, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit, and similar forms of financial assistance;
(7) "Infrastructure plan" means a project proposed by a city or town that would make capital improvements to roads, bridges and appurtenances thereto consistent with project evaluation criteria;
(8) "Market rate" means the rate the city or town would receive in the open market at the time of the original loan agreement as determined by the agency in accordance with its rules and regulations;
(9) "Project evaluation criteria" means the criteria used by the department to evaluate infrastructure plans and rank eligible projects and shall include the extent to which the project generates economic benefits, the extent to which the project would be able to proceed at an earlier date, the likelihood that the project would provide mobility benefits, the cost effectiveness of the project, the likelihood that the project would increase safety, and the project’s readiness to proceed within the forthcoming calendar year;
(10) "Project priority list" means the list of eligible projects ranked in the order in which financial assistance shall be awarded by the agency pursuant to section 7 of this chapter;
(11) "Revolving fund" means the municipal road and bridge revolving fund established under section 4 of this chapter; and
(12) "Subsidy assistance" means credit enhancements and other measures to reduce the borrowing costs for a city or town.
24-18-4. Establishment of the municipal road and bridge revolving fund. -- (a) There is hereby established a municipal road and bridge revolving fund. The agency shall establish and set up on its books the revolving fund, to be held in trust and to be administered by the agency solely as provided in this chapter and in any trust agreement securing bonds of the agency. The agency shall deposit the following monies into the fund:
(1) Amounts appropriated or designated to the agency by the state for the purposes of this chapter;
(2) Loan repayments and other payments received by the agency pursuant to loan agreements with cities and towns executed in accordance with this chapter;
(3) Investment earnings on amounts credited to the fund;
(4) Proceeds of bonds of the agency to the extent required by any trust agreement for such bonds;
(5) Administrative fees levied by the agency;
(6) Other amounts required by provisions of this chapter or agreement, or any other law or any trust agreement pertaining to bonds to be credited to the revolving fund; and
(7) Any other funds permitted by law which the agency in its discretion shall determine to credit thereto.
(b) The agency shall establish and maintain fiscal controls and accounting procedures conforming to generally accepted government accounting standards sufficient to ensure proper accounting for receipts in and disbursements from the revolving fund.
24-18-5. Administration. -- (a) The agency shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter including, without limiting the generality of the preceding statement, the authority:
(1) To receive and disburse such funds from the state as may be available for the purpose of the revolving fund subject to the provisions of this chapter;
(2) To make and enter into binding commitments to provide financial assistance to local cities and towns from amounts on deposit in the revolving fund;
(3) To enter into binding commitments to provide subsidy assistance for loans and city and town obligations from amounts on deposit in the revolving fund;
(4) To levy administrative fees on cities and towns as necessary to effectuate the provisions of this chapter, provided the fees have been previously authorized by an agreement between the agency and the city or town;
(5) To engage the services of third-party vendors to provide professional services; and
(6) To establish one or more accounts within the revolving fund; and
(7) Such other authority as granted to the agency under chapter 46-12.2.
(b) Subject to the provisions of this chapter, to the provisions of any agreement with the state authorized by section 24-18-6, and to any agreements with the holders of any bonds of the agency or any trustee therefor, amounts held by the agency for the account of the revolving fund shall be applied by the agency, either by direct expenditure, disbursement, or transfer to one or more other funds and accounts held by the agency or maintained under any trust agreement pertaining to bonds, either alone or with other funds of the agency, to the following purposes:
(1) To provide financial assistance to cities and towns to finance costs of approved projects, and to refinance the costs of the projects, subject to such terms and conditions, if any, as are determined by the department and/or the agency in accordance with section 24-18-7;
(2) To fund reserves for bonds of the agency and to purchase insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to otherwise provide security for, and a source of payment for obligations of the agency, by pledge, lien, assignment, or otherwise as provided in chapter 46-12.2;
(3) To pay expenses of the agency and the department in administering the revolving fund. As part of the annual appropriations bill, the department shall set forth the gross amount of expenses received from the agency and a complete, specific breakdown of the sums retained and/or expended for administrative expenses;
(4) To pay or provide for subsidy assistance equivalent to one third (1/3) of the market rate or such other subsidy assistance as determined by the agency;
(5) To provide a reserve for, or to otherwise secure, amounts payable by cities and towns on loans and city and town obligations outstanding in the event of default thereof; amounts in any account in the revolving fund may be applied to defaults on loans outstanding to the city or town for which the account was established and, on a parity basis with all other accounts, to defaults on any loans or city or town obligations outstanding; and
(6) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or otherwise as provided in chapter 46-12.2, any bonds of the agency.
(c) In addition to other remedies of the agency under any loan agreement or otherwise provided by law, the agency may also recover from a city or town, in an action in superior court, any amount due the agency together with any other actual damages the agency shall have sustained from the failure or refusal of the city or town to make the payments or abide by the terms of the loan agreement.
(d) Within ninety (90) days after the end of each fiscal year, the agency shall submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide: a summary of the agency's meetings including when the agency met, subjects addressed, decisions rendered and meeting minutes; a summary of the agency's actions including a listing of rules, regulations, or procedures adopted or amended, applications received for financial assistance for contracts or agreements entered into, applications and intended use plans submitted to federal agencies for capitalization grants, properties acquired or leased, and bonds issued; a synopsis of any complaints, suspensions, or other legal matters related to the authority of the agency; a consolidated financial statement of all funds received and disbursed by the agency including the source of and recipient of the funds which shall be audited by an independent certified public accountant firm; copies of audits or reports required under federal law; a listing of the staff and/or consultants employed by the agency; a listing of findings and recommendation derived from agency activities; and a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies. The report shall be posted as prescribed in § 42-20-8.2. The director of the department of administration shall be responsible for the enforcement of this provision. The initial report shall be due no later than January 1, 2015.
24-18-6. Payment of state funds. -- (a) Subject to the provisions of subsection (b), upon the written request of the agency, the general treasurer shall pay to the agency, from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds otherwise lawfully payable to the agency for the purposes of this chapter, such amounts as shall have been appropriated or lawfully designated for the revolving fund. All amounts so paid shall be credited to the revolving fund in addition to any other amounts credited or expected to be credited to the revolving fund.
(b) The agency and the state shall enter into, execute, and deliver one or more agreements setting forth or otherwise determining the terms, conditions, and procedures for, and the amount, time, and manner of payment of, all amounts available from the state to the agency under this section.
24-18-7. Procedure for project approval. -- (a) By September 1, 2013, the department shall promulgate rules and regulations establishing the project evaluation criteria and the process through which a city or town may submit an infrastructure plan. By December 31, 2013, the agency shall promulgate rules and regulations to effectuate the provisions of this chapter which may include, without limitation, forms for financial assistance applications, loan agreements, and other instruments. All rules and regulations promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of chapter 42-35.
(b) Beginning with the calendar year 2013 and for each calendar year thereafter, cities and towns shall have from September 15th through October 15th to submit an infrastructure plan to the department. In the event that October 15th is a Saturday, Sunday, or a general holiday as enumerated in section 25-1-1, the deadline shall be extended through the next day that is not a Saturday, Sunday, or a general holiday as enumerated in section 25-1-1.
(c) By the end of each calendar year, the department shall evaluate all submitted infrastructure plans and, in accordance with the project evaluation criteria, identify all eligible projects, and after a public hearing, the department shall finalize and provide the agency and statewide planning with a project priority list for the forthcoming calendar year.
(d) By the end of each calendar year, the agency shall determine the maximum amount of financial assistance available for the forthcoming calendar year, provided that it shall not exceed an amount of twenty million dollars ($20,000,000); and provided further that the agency shall not obligate more than fifty percent (50%) of available funding in any calendar year to any one city or town unless there are no other eligible projects on the project priority list.
(e) Upon issuance of the project priority list, the agency shall award financial assistance to cities and towns for approved projects provided, however, that the agency does not exceed its maximum annual amount of financial assistance. The agency may decline to award financial assistance to an approved project which the agency determines will have a substantial adverse effect on the interests of holders of bonds or other indebtedness of the agency or the interests of other participants in the financial assistance program, or for good and sufficient cause affecting the finances of the agency. All financial assistance shall be made pursuant to a loan agreement between the agency and the city or town, acting by and through the officer or officers, board, committee, or other body authorized by law, or otherwise its chief executive officer, according to terms and conditions as determined by the agency, and each loan shall be evidenced and secured by the issue to the agency of city or town obligations in fully marketable form in principal amount, bearing interest at the rate or rates specified in the applicable loan agreement, and shall otherwise bear such terms and conditions as authorized by this chapter and/or the loan agreement.
24-18-8. Inspection of approved projects. -- For any approved project, the department shall have the authority to inspect the construction and operation thereof to ensure compliance with the provisions of this chapter.
24-18-9. Expenses incurred by the department. -- (a) In order to provide for the expenses of the department under this chapter, the agency shall transfer to the department an amount from the revolving fund equal to the amount authorized by the general assembly.
24-18-10. Severability. -- If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
SECTION 1. Sections 46-12.2-4, 46-12.2-14, 46-12.2-15, 46-12.2-16, 46-12.2-17, 46-12.2-18, 46-12.2-19, 46-12.2-20, 46-12.2-21, 46-12.2-22 and 46-12.2-25 of the General Laws in Chapter 46-12.2 entitled "Rhode Island Clean Water Finance Agency" are hereby amended to read as follows:
46-12.2-4. General powers and duties of agency. -- (a) The agency shall have all powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter and chapter 24-18, including without limiting the generality of the foregoing, the powers and duties:
(1) To adopt and amend bylaws, rules, regulations, and procedures for the governance of its affairs, the administration of its financial assistance programs, and the conduct of its business;
(2) To adopt an official seal;
(3) To maintain an office at such place or places as it may determine;
(4) To adopt a fiscal year;
(5) To adopt and enforce procedures and regulations in connection with the performance of its functions and duties;
(6) To sue and be sued;
(7) To employ personnel as provided in § 46-12.2-5, and to engage accounting, management, legal, financial, consulting and other professional services;
(8) Except as provided in this chapter, to receive and apply its revenues to the purposes of this chapter without appropriation or allotment by the state or any political subdivision thereof;
(9) To borrow money, issue bonds, and apply the proceeds thereof, as provided in this chapter and chapter 24-18, and to pledge or assign or create security interests in revenues, funds, and other property of the agency and otherwise as provided in this chapter and chapter 24-18, to pay or secure the bonds; and to invest any funds held in reserves or in the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, the municipal road and bridge fund established under chapter 24-18, or the local interest subsidy trust fund, or any revenues or funds not required for immediate disbursement, in such investments as may be legal investments for funds of the state;
(10) To obtain insurance and to enter into agreements of indemnification necessary or convenient to the exercise of its powers under this chapter and chapter 24-18;
(11) To apply for, receive, administer, and comply with the conditions and requirements respecting any grant, gift, or appropriation of property, services, or moneys;
(12) To enter into contracts, arrangements, and agreements with other persons, and execute and deliver all instruments necessary or convenient to the exercise of its powers under this chapter and chapter 24-18; such contracts and agreements may include without limitation, loan agreements with local governmental units, capitalization grant agreements, intended use plans, operating plans, and other agreements and instruments contemplated by title VI of the Clean Water Act, 33 U.S.C. § 1381 et seq., or this chapter, agreement and instruments contemplated by chapter 24-18, grant agreements, contracts for financial assistance or other forms of assistance from the state or the United States, and trust agreements and other financing agreements and instruments pertaining to bonds;
(13) To authorize a representative to appear on its own behalf before other public bodies, including, without limiting the generality of the foregoing, the congress of the United States, in all matters relating to its powers and purposes;
(14) To provide financial assistance to local governmental units to finance costs of approved projects, and to acquire and hold local governmental obligations at such prices and in such manner as the agency shall deem advisable, and sell local governmental obligations acquired or held by it at prices without relation to cost and in such manner as the agency shall deem advisable, and to secure its own bonds with such obligations all as provided in this chapter and chapter 24-18;
(15) To establish and collect such fees and charges as the agency shall determine to be reasonable;
(16) To acquire, own, lease as tenant, or hold real, personal or mixed property or any interest therein for its own use; and to improve, rehabilitate, sell, assign, exchange, lease as landlord, mortgage, or otherwise dispose of or encumber the same;
(17) To do all things necessary, convenient, or desirable for carrying out the purposes of this chapter and chapter 24-18 or the powers expressly granted or necessarily implied by this chapter and chapter 24-18;
(18) To conduct a training course for newly appointed and qualified members and new designees of ex-officio members within six (6) months of their qualification or designation. The course shall be developed by the executive director, approved by the board of directors, and conducted by the executive director. The board of directors may approve the use of any board of directors or staff members or other individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapters 46-12.2, 42-46, 36-14, and 38-2; and the agency's rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act [July 15, 2005], prepare and disseminate, training materials relating to the provisions of chapters 42-46, 36-14 and 38-2; and
(19) Upon the dissolution of the water resources board (corporate) pursuant to § 46-15.1-22, to have all the powers and duties previously vested with the water resources board (corporate), as provided pursuant to chapter 46-15.1.
(20) To meet at the call of the chair at least eight (8) times per year. All meetings shall be held consistent with chapters 42-46.
(b) Notwithstanding any other provision of this chapter, the agency shall not be authorized or empowered:
(1) To be or to constitute a bank or trust company within the jurisdiction or under the control of the department of banking and insurance of the state, or the commissioner thereof, the comptroller of the currency of the United States of America, or the Treasury Department thereof; or
(2) To be or constitute a bank, banker or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers' law of the United States or the state.
46-12.2-14. Bonds of the agency. -- (a) The agency may provide by
resolution of the board of directors for the issuance, from time to time, of bonds
of the agency for any of its corporate purposes,
including those set forth in chapter 24-18, or for the borrowing of
money in anticipation of the issuance of the bonds. Bonds issued by the agency
may be issued as general obligations of the agency or as special obligations
payable solely from particular revenues or funds as may be provided for in any
trust agreement or other agreement securing bonds. The agency may also provide
by resolution of the board of directors for the issuance, from time to time, of
temporary notes in anticipation of the revenues to be collected or received by
the agency, including, without limitation, in anticipation of any payments to
the agency from the state pursuant to section 46-12.2-7, or in anticipation of
the receipt of other grants or aid. The issue of notes shall be governed by the
provisions of this chapter and chapter 24-18, as
applicable, relating to the issue of bonds of the agency other than
temporary notes as this chapter these chapters may be applicable; provided,
however, that notes issued in anticipation of revenues shall mature no later
than one year from their respective dates, or the date of expected receipt of
the revenues, if later, and notes issued in anticipation of grants, or other
aid and renewals thereof, shall mature no later than six (6) months after the
expected date of receipt of the grant or aid.
(b) The bonds of each issue shall be dated, may bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker's loan rate, or other method determined by the agency, and shall mature or otherwise be payable at such time or times, as may be determined by the agency, and may be made redeemable before maturity at the option of the agency or the holder thereof at such price or prices and under such terms and conditions as may be fixed by the agency. The agency shall determine the form of bonds, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds, and the place or places of payment of principal, redemption premium, if any, and interest, which may be paid at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds shall cease to be the officer before the delivery thereof, the signature or facsimile shall nevertheless be valid and sufficient for all purposes as if the officer had remained in office until delivery. The agency may provide for authentication of bonds by a trustee, fiscal agent, registrar, or transfer agency. Bonds may be issued in bearer or in registered form, or both, and, if notes, may be made payable to the bearer or to order, as the agency may determine. The agency may also establish and maintain a system of registration for any bonds whereby the name of the registered owner, the rights evidenced by the bonds, the transfer of the bonds, and the rights and other similar matters, are recorded in books or other records maintained by or on behalf of the agency, and no instrument evidencing the bond or rights need be delivered to the registered owner by the agency. A copy of the books or other records of the agency pertaining to any bond registered under a registration system certified by an authorized officer of the agency or by the agent of the agency maintaining the system shall be admissible in any proceeding without further authentication. The board of directors may by resolution delegate to any member or officer of the agency, or any combination thereof, the power to determine any of the matters set forth in this section. In the discretion of the agency, bonds of the agency may be issued with such terms as will cause the interest thereon to be subject to federal income taxation. The agency may sell its bonds in such manner, either at public or private sale, for the price, at the rate or rates of interest, or at discount in lieu of interest, as it may determine will best effect the purposes of this chapter or chapter 24-18, as applicable.
(c) The agency may issue interim receipts or temporary bonds, exchangeable for definitive bonds, when the bonds shall have been executed and are available for delivery. The agency may also provide for the replacement of any bonds which shall have become mutilated or shall have been destroyed or lost. The agency, by itself or through such agency as it may select, may purchase and invite offers to tender for purchase any bonds of the agency at any time outstanding; provided, however, that no purchase by the agency shall be made at a price, exclusive of accrued interest, if any, exceeding the principal amount thereof or, if greater, the redemption price of the bonds when next redeemable at the option of the agency, and may resell any bonds so purchased in such manner and for such price as it may determine will best effect the purposes of this chapter or chapter 24-18, as applicable.
(d) In the discretion of the board of directors, any bonds issued under this section may be secured by a trust agreement in such form and executed in such manner as may be determined by the board of directors, between the agency and the purchasers or holders of the bonds, or between the agency and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement may pledge or assign, in whole or in part, any loan agreements and local governmental obligations, and the revenues, funds, and other assets or property held or to be received by the agency, including without limitation all moneys and investments on deposit from time to time in the water pollution control revolving fund, the Rhode Island water pollution control revolving fund, and the local interest subsidy trust fund, or the municipal road and bridge revolving fund, as applicable, and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the agency, and the proceeds thereof. The trust agreement may contain such provisions for protecting and enforcing the rights, security, and remedies of the bondholders as may be reasonable and proper including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities, restrictions on the individual right of action by bondholders, and covenants setting forth the duties of and limitations on the agency in relation to the custody, safeguarding, investment, and application of moneys, the enforcement of loan agreements and local governmental obligations, the issue of additional or refunding bonds, the fixing, revision, charging, and collection of charges, the use of any surplus bond proceeds, the establishment of reserves, and the making and amending of contracts.
(e) In the discretion of the board of directors, any bonds issued under authority of this chapter or chapter 24-18 may be issued by the agency in the form of lines of credit or other banking arrangements under terms and conditions, not inconsistent with this chapter or chapter 24-18, and under such agreements with the purchasers or makers thereof or any agent or other representative of such purchasers or makers, as the board of directors may determine to be in the best interests of the agency. In addition to other security provided herein or otherwise by law, bonds issued by the agency under any provision of this chapter or chapter 24-18 may be secured, in whole or in part, by financial guarantees, by insurance, or by letters or lines of credit issued to the agency or a trustee or any other person, by any bank, trust company, insurance or surety company, or other financial institution, within or without the state, and the agency may pledge or assign, in whole or in part, any loan agreements and local governmental obligations, and the revenues, funds, and other assets and property held or to be received by the agency, and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the agency, and the proceeds thereof, as security for the guarantees or insurance or for the reimbursement by the agency to any issuer of the line or letter of credit.
(f) It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of bonds, revenues, or other moneys under a trust agreement of the agency, and to furnish indemnification and to provide security as may be required by the agency. It is hereby declared that any pledge or assignment made by the agency under this chapter or chapter 24-18 is an exercise of the governmental powers of the agency, and loan agreements, local governmental obligations, revenues, funds, assets, property, and contract or other rights to receive the same and the proceeds thereof, which are subject to the lien of a pledge or assignment created under this chapter or chapter 24-18, shall not be applied to any purposes not permitted by the pledge or assignment.
(g) Any holder of a bond issued by the agency under the provisions of this chapter or chapter 24-18 and any trustee or other representative under a trust agreement securing the trustee or representative, except to the extent the rights herein given may be restricted by the trust agreement, may bring suit upon the bonds in the superior court and may, either at law or in equity, by suit, action, mandamus, or other proceeding for legal or equitable relief, protect and enforce any and all rights under the laws of the state or granted hereunder or under the trust agreement, and may enforce and compel performance of all duties required by this chapter, chapter 24-18, or by the trust agreement, to be performed by the agency or by any officer thereof.
46-12.2-15. Refunding bonds. -- The agency may issue refunding bonds for
the purpose of paying any of its bonds, issued pursuant to this chapter or chapter 24-18, at or prior to maturity or upon
acceleration or redemption or purchase and retirement. Refunding bonds may be
issued at such times at or prior to the maturity, redemption, or purchase and
retirement of the refunded bonds as the board of directors deems to be in the
interest of the agency. Refunding bonds may be issued in sufficient amounts to
pay or provide for payment of the principal of the bonds being refunded,
together with any redemption premium thereon, any interest or discount accrued
or to accrue to the date of payment of the bonds, the costs of issuance of the
refunding bonds, the expenses of paying, redeeming, or purchasing the bonds
being refunded, the costs of holding and investing proceeds of refunding bonds
pending payment, redemption, or purchase and reserves for debt service or other
expenses from the proceeds of refunding bonds as may be required by a trust
agreement securing the bonds. Pending application, the proceeds of the
refunding bonds may be placed in escrow. The issue and sale of refunding bonds,
the maturities, and other details thereof, the security therefor, the rights of
the holders thereof, and the rights, duties, and obligations of the agency in
respect of the same shall be governed by the provisions of this chapter and chapter 24-18, as applicable, relating to the
issue of bonds other than refunding bonds insofar as this chapter these chapters
may be applicable.
46-12.2-16. Bonds eligible for investment. -- Bonds issued by the agency under this chapter or chapter 24-18 and local governmental obligations issued hereunder are hereby made securities in which all public officers and agencies of the state and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly invest funds, including capital in their control or belonging to them. The bonds and local governmental obligations are hereby made securities which may properly be deposited with and received by any state or municipal officer of any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state or any political subdivision is now or may hereafter be authorized by law.
46-12.2-17. No additional consent required. -- Except as provided in this section, bonds and local governmental obligations may be issued under this chapter or chapter 24-18 without obtaining the consent of any executive office, department, division, commission, board, bureau, or agency of the state or any political subdivision thereof, and without any other proceedings or the happening of any condition, or acts other than those proceedings, conditions, or acts which are specifically required therefor hereunder or under any applicable bond act, and the validity of and security for any bonds issued by the agency pursuant to this chapter or chapter 24-18, and any local governmental obligations issued in accordance herewith, shall not be affected by the existence or nonexistence of any consent or other proceedings, conditions, or acts. Nothing in this chapter or chapter 24-18 shall exempt the agency from the provisions of chapter 10.1 of title 42 entitled "Public Finance Management Board," and the Narragansett Bay water quality management district commission shall not issue any bonds, notes, or other indebtedness without the approval of the division of public utilities as required by section 39-3-15.
46-12.2-18. Bonds not obligations of the state. -- Bonds issued by the agency under the provisions of this chapter or chapter 24-18 shall not be deemed to be a debt or a pledge of the faith and credit of the state or of any of its political subdivisions, but shall be payable solely from the revenues, funds, assets, and other property of the agency from which they are made payable pursuant to this chapter or chapter 24-18. Bonds issued by the agency under the provisions of this chapter and chapter 24-18 shall recite that neither the state nor any political subdivisions thereof shall be obligated to pay the bonds, and that neither the faith and credit nor the taxing power of the state or of any political subdivision thereof is pledged to the payment of the principal of or interest on the bonds. Further, every bond shall recite whether it is a general obligation of the agency, or a special obligation thereof payable solely from particular revenues, funds, assets, or other property pledged to its payment.
46-12.2-19. Lien status -- Recording. -- (a) Notwithstanding any provision of any other law, including the Uniform Commercial Code:
(1) Any pledge or assignment of revenues of any kind, funds, loan agreements, local governmental obligations, property, or assets made pursuant to the provisions of this chapter or chapter 24-18 by the agency, or any local governmental unit hereunder, shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise, whether or not the parties have notice thereof, and shall be deemed continuously perfected from the time it is made;
(2) No filing of any kind with respect to a pledge or assignment need be made under the Uniform Commercial Code, as amended, or otherwise;
(3) Unless otherwise provided in the loan agreement, a pledge of revenues of any kind shall be deemed to include a pledge of any accounts or general intangibles from which the pledged revenues are derived, whether existing at the time of the pledge or thereafter coming into existence, and whether held at the time of the pledge or thereafter acquired by the agency or local governmental unit, and the proceeds of the accounts or general intangibles; and
(4) The pledge of revenues of any kind, accounts, and general intangibles shall be subject to the lien of the pledge without delivery or segregation, and the lien of the pledge shall be valid and binding against all parties having claims of contract or tort or otherwise against the agency or local governmental unit.
(b) A pledge of revenues of any kind under this chapter or chapter 24-18 shall constitute a sufficient appropriation thereof for the purposes of any provision for appropriation, and the revenues may be applied as required by the pledge without further appropriation.
(c) For the purposes of this section, the word "pledge" shall be construed to include the grant of a security interest under the Uniform Commercial Code.
46-12.2-20. Bonds and local government obligations as investment securities. -- Notwithstanding any of the provisions of this chapter, chapter 24-18, or any recitals in any bonds or local governmental obligations issued hereunder, all bonds and local governmental obligations shall be deemed to be investment securities under the Uniform Commercial Code.
46-12.2-21. Proceeds received by agency as trust funds. -- All moneys
received by the agency pursuant to the provisions of this chapter or chapter 24-18, whether as proceeds from the
issue of bonds or as revenues or otherwise, shall be deemed to be trust funds
to be held and applied solely as provided in this
chapter these chapters.
46-12.2-22. Tax exemption. -- Bonds issued by the agency and local governmental obligations issued by any local governmental unit in accordance with this chapter or chapter 24-18, their transfer and the income therefrom, including any profit made on the sale thereof, shall, at all times, be exempt from taxation by and within the state. The agency shall not be required to pay any taxes, assessments, or excises upon its income, existence, operation, or property.
46-12.2-25. Supplemental powers -- Inconsistent laws. -- The provisions
of this chapter and chapter 24-18 shall
be deemed to provide an additional, alternative, and complete method for
accomplishing the purposes of this chapter
these chapters, and shall be deemed and
construed to be supplemental and additional to, and not in derogation of,
powers conferred upon the agency, the department, and local governmental units
by other laws; provided, however, that insofar as the provisions of this chapter these
chapters are inconsistent with the provisions of any general or
special law, municipal charter, administrative order or regulations, the
provisions of this chapter these chapters shall be controlling. Any amounts
appropriated by this chapter these chapters to the agency or the department
shall be in addition to any other amounts appropriated to the agency or the
department by any other law.
SECTION 2. This article shall take effect upon passage.
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art.021/3/020/2/021/1
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ARTICLE 21
RELATING TO RHODE ISLAND PUBLIC TRANSIT AUTHORITY
SECTION 1. Section 42-11-2.4 of the General Laws in Chapter 42-11 entitled "Department of Administration" is hereby amended to read as follows:
42-11-2.4. State Fleet Replacement Revolving Loan Fund. -- (a) There is hereby created as a separate fund within the treasury to be known as the state fleet replacement revolving loan fund which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. This fund, hereafter referred to as the "revolving loan fund", shall consist of such sums as the state may from time to time appropriate, as well as money received from the disposal of used vehicles, loan, interest and service charge payments from benefiting state agencies, as well as interest earnings, money received from the federal government, gifts, bequests, donations, or otherwise from any public or private source.
(b) This fund shall be used for the purpose of acquiring motor vehicles, both new and used, and vehicle-related equipment and attachments for state departments and agencies.
(c) The proceeds from the repayment of any loans made for the purposes authorized under this chapter shall be deposited in and returned to the revolving loan fund in order to constitute a continuing revolving fund for the purposes listed above.
(d) The office of state fleet operations of the Rhode Island department of administration shall adopt rules and regulations consistent with the purposes of this chapter and chapter 35 of title 42, in order to provide for the orderly and equitable disbursement and repayment of funds from the revolving loan fund.
(e) Provided; however, a total of four million two hundred thousand dollars ($4,200,000) shall be made available as a direct grant from the revolving loan fund for the required twenty percent (20%) match for the Rhode Island Public Transit Authority to obtain federal funds to purchase buses through FY 2017. Any such sums need not be repaid to the revolving loan fund.
SECTION 2. This article shall take effect upon passage.
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art.022/4/022/3/022/2/021/2
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ARTICLE 22 AS AMENDED
RELATING TO HISTORIC TAX CREDITS
SECTION 1. Historic Preservation Tax Credit Fund
WHEREAS, the General Assembly finds that the State of Rhode Island tax credits earned pursuant to Rhode Island General Laws sections 44-33.2-1 et seq. (the "Historic Tax Credits") have had and continue to have the desired effect of stimulating, promoting and encouraging the redevelopment and reuse of historic structures by modern commercial, residential and manufacturing enterprises in order to foster civic beauty, promote public education, pleasure and welfare and otherwise generally improve and enhance the long-term economic well-being of the citizens and municipalities of the State of Rhode Island; and
WHEREAS, the 2008 General Assembly authorized Rhode Island Economic Development Corporation (the "RIEDC") to issue not more than three hundred fifty-six million two hundred thousand dollars ($356.2 million) of Revenue Bonds – Historic Structures Tax Credit Financing Taxable Series to assist in the future cost of the Historic Structures Tax Credit Program; and
WHEREAS, this three hundred fifty-six million two hundred thousand dollars ($356.2 million) authorization included two hundred ninety-nine million nine hundred thousand dollars ($299.9 million) to be deposited into the project fund, and the balance was authorized for a debt service reserve fund and cost of issuance; and
WHEREAS, allowing tax credits formerly issued to projects declared abandoned by the Division of Taxation on May 15, 2013 to be reissued would stimulate and encourage the redevelopment and reuse of historic structures by modern commercial, residential and manufacturing enterprises in order to foster civic beauty, promote public education, pleasure and welfare and otherwise generally improve and further enhance the long-term economic well-being of the citizens and municipalities of the State of Rhode Island; now, therefore, be it
RESOLVED, that the RIEDC is authorized to continue with the financing as detailed in the 2008 Joint Resolution and the General Assembly hereby reaffirms the RIEDC’s issuance of not more than $356.2 million in Bonds; and be it further
RESOLVED, that the original amount of bonds authorized to be issued for deposit in the project fund of $299.9 million shall be the maximum amount that can be issued to pay processing fee reimbursements on abandoned projects and to reimburse the State of Rhode Island for tax credits issued on original projects or those approved after July 1, 2013, recognizing that savings from currently abandoned projects have primarily offset the lower interest earnings on bond proceeds and the processing fees originally anticipated in 2008; and be it further
RESOLVED, that the RIEDC is authorized to use the Bond proceeds to pay processing fee reimbursements and to reimburse the State of Rhode Island for Historic Tax Credits approved in accordance with Rhode Island General Laws chapter 44-33.2 or 44-33.6 as well as any project approved on or after July 1, 2013; and be it further
RESOLVED, that the RIEDC shall continue to request the Governor to include in each of the fiscal years following the issuance of the Bonds by the RIEDC an amount equal to the debt service of the Bonds pursuant to the terms set forth in this Resolution; and be it further
RESOLVED, that neither the Bonds nor the Payment Agreement shall constitute indebtedness of the State or any of its subdivisions or a debt for which the full faith and credit of the State or any of its subdivisions is pledged, except to the extent that the State appropriates funds for the Bonds or the Payment Agreement subject to annual budget appropriations.
SECTION 2. Title 44 of the General Laws entitled "TAXATION" is hereby amended by adding thereto the following chapter:
CHAPTER 33.6
HISTORIC PRESERVATION TAX CREDITS 2013
44-33.6-1. Declaration of purpose. -- The general assembly finds and declares that Rhode Island's historic structures continue to experience high vacancy rates and physical deterioration, particularly in Rhode Island's central business districts. Without adding economic incentive, these structures are not viable for the redevelopment and reuse by modern commercial, residential or manufacturing enterprises and will continue their physical deterioration. The redevelopment and reuse of these historic structures are of critical importance to the economic measures and will assist in stimulating the reuse and redevelopment of historic structures and will improve property values, foster civic beauty, create employment opportunities, enhance commerce, and promote public education, pleasure, and welfare. Furthermore, during this unprecedented economic climate, many in the building and construction trades, and related service industries, have been severely impacted. The redevelopment and reuse of these historic structures will serve as a vital catalyst in the recovery of these trades and services, in addition to stimulating various other related economic benefits and business activities. The purpose of this chapter is to create economic incentives for the purpose of stimulating the redevelopment and reuse of Rhode Island's historic structures, as well as to generate the positive economic and employment activities that will result from such redevelopment and reuse.
44-33.6-2. Definitions. -- As used in this chapter:
(1) "Certified historic structure" means a property which is located in the state of Rhode Island and is:
(i) Listed individually on the national register of historic places; or
(ii) Listed individually in the state register of historic places; or
(iii) Located in a registered historic district and certified by either the commission or Secretary of the Interior as being of historic significance to the district.
(2) "Certified rehabilitation" means any rehabilitation of a certified historic structure consistent with the historic character of such property or the district in which the property is located as determined by the commission guidelines.
(3) "Substantial Construction" means that: (i) the owner of a certified historic structure has entered into a contract with the division of taxation and paid the processing fee; (ii) the commission has certified that the certified historic structure’s rehabilitation will be consistent with the standards set forth in this chapter; and (iii) the owner has expended ten percent (10%) of its qualified rehabilitation expenditures, estimated in the contract entered into with the division of taxation for the project or its first phase of a phased project.
(4) "Commission" means the Rhode Island historical preservation and heritage commission created pursuant to section 42-45-2.
(5) "Exempt from real property tax" means, with respect to any certified historic structure, that the structure is exempt from taxation pursuant to section 44-3-3.
(6) "Hard construction costs" means the direct contractor costs for labor, material, equipment, and services associated with an approved project, contractors overhead and profit, and other direct construction costs.
(7) "Holding period" means twenty-four (24) months after the commission issues a certificate of completed work to the owner. In the case of a rehabilitation which may reasonably be expected to be completed in phases as described in subdivision (15) of this section, "holding period" shall be extended to include a period of time beginning on the date of issuance of a certificate of completed work for the first phase or phases for which a certificate of completed work is issued and continuing until the expiration of twenty-four (24) months after the certificate of completed work issued for the last phase.
(8) "Part 2 application" means the Historic Preservation Certification Application Part 2-Description of Rehabilitation.
(9) "Placed in service" means that substantial rehabilitation work has been completed which would allow for occupancy of the entire structure or some identifiable portion of the structure, as established in the Part 2 application.
(10) "Principal residence" means the principal residence of the owner within the meaning of section 121 of the Internal Revenue Code [26 U.S.C. 121] or any successor provision.
(11) "Qualified rehabilitation expenditures" means any amounts expended in the rehabilitation of a certified historic structure properly capitalized to the building and either:
(i) Depreciable under the Internal Revenue Code, 26 U.S.C. section 1 et seq., or
(ii) Made with respect to property (other than the principal residence of the owner) held for sale by the owner. Fees paid pursuant to this chapter are not qualified rehabilitation expenditures. Notwithstanding the foregoing, except in the case of a nonprofit corporation, there will be deducted from qualified rehabilitation expenditures for the purposes of calculating the tax credit any funds made available to the person (including any entity specified in section 44-33.5-3(a)) incurring the qualified rehabilitation expenditures in the form of a direct grant from a federal, state or local governmental entity or agency or instrumentality of government.
(12) "Registered historic district" means any district listed in the national register of historic places or the state register of historic places.
(13) "Remain idle" means that substantial work has ceased at the subject project; work crews have been reduced by more than twenty-five percent (25%) for reasons unrelated to scheduled completion of work in accordance with the project schedule, reasonably unanticipated physical conditions, or force majeure; or the project schedule that was originally submitted by the taxpayer to the commission has been extended by more than twelve (12) months for reasons other than reasonably unanticipated physical conditions or an event of force majeure (by way of example, and not in limitation, any delays, work stoppage, or work force reduction caused by issues with project funding, finances, disputes, or violation of laws shall be deemed to cause a project to remain idle).
(14) "Scattered Site Development" means a development project for which the developer seeks unified financing to rehabilitate dwelling units in two (2) or more buildings located in an area that is defined by a neighborhood revitalization plan and is not more than one mile in diameter.
(15) "Social club" means a corporation or other entity and/or its affiliate that offers its facilities primarily to members for social or recreational purposes and the majority source of its revenue is from funds and/or dues paid by its members and/or an entity defined as a social club pursuant to the Internal Revenue Code section 501(c)(7).
(16) "Substantial rehabilitation" means, with respect to a certified historic structure, that the qualified rehabilitation expenses of the building during the twenty-four (24) month period selected by the taxpayer ending with or within the taxable year exceed the adjusted basis in such building and its structural components as of the beginning of such period. In the case of any rehabilitation, which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the rehabilitation begins, the above definition shall be applied by substituting "sixty (60) month period" for "twenty-four (24) month period".
(17) "Trade or business" means an activity that is carried on for the production of income from the sale or manufacture of goods or performance of services, excluding residential rental activity.
44-33.6-3. Tax credit. -- (a) Subject to the maximum credit provisions set forth in subsections (c) and (d) below, any person, firm, partnership, trust, estate, limited liability company, corporation (whether for profit or nonprofit) or other business entity that incurs qualified rehabilitation expenditures for the substantial rehabilitation of a certified historic structure, provided the rehabilitation meets standards consistent with the standards of the Secretary of the United States Department of the Interior for rehabilitation as certified by the commission and said person, firm, partnership, trust, estate, limited liability company, corporation or other business entity is not a social club as defined in subdivision 44-33.6-2 (13) of this chapter, shall be entitled to a credit against the taxes imposed on such person or entity pursuant to chapter 11, 12, 13, 14, 17 or 30 of this title in an amount equal to the following:
(1) Twenty percent (20%) of the qualified rehabilitation expenditures; or
(2) Twenty-five percent (25%) of the qualified rehabilitation expenditures provided that either:
(i) At least twenty-five percent (25%) of the total rentable area of the certified historic structure will be made available for a trade or business; or
(ii) The entire rentable area located on the first floor of the certified historic structure will be made available for a trade or business.
(b) Tax credits allowed pursuant to this chapter shall be allowed for the taxable year in which such certified historic structure or an identifiable portion of the structure is placed in service provided that the substantial rehabilitation test is met for such year.
(c) Maximum project credit. - The credit allowed pursuant to this chapter shall not exceed five million dollars ($5,000,000) for any certified rehabilitation project under this chapter. No building to be completed in phases or in multiple projects shall exceed the maximum project credit of five million dollars ($5,000,000) for all phases or projects involved in the rehabilitation of such building.
(d) Maximum aggregate credits. - The aggregate credits authorized to be reserved pursuant to this chapter shall not exceed sums estimated to be available in the historic preservation tax credit trust fund pursuant to this chapter.
(e) Subject to the exception provided in subsection (g) of this section, if the amount of the tax credit exceeds the taxpayer's total tax liability for the year in which the substantially rehabilitated property is placed in service, the amount that exceeds the taxpayer's tax liability may be carried forward for credit against the taxes imposed for the succeeding ten (10) years, or until the full credit is used, whichever occurs first for the tax credits. Credits allowed to a partnership, a limited liability company taxed as a partnership or multiple owners of property shall be passed through to the persons designated as partners, members or owners respectively pro rata or pursuant to an executed agreement among such persons designated as partners, members or owners documenting an alternate distribution method without regard to their sharing of other tax or economic attributes of such entity. Credits may be allocated to partners, members or owners that are exempt from taxation under section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S. Code and these partners, members or owners must be treated as taxpayers for purposes of this section.
(f) If the taxpayer has not claimed the tax credits in whole or part, taxpayers eligible for the tax credits may assign, transfer or convey the credits, in whole or in part, by sale or otherwise to any individual or entity, including, but not limited to, condominium owners in the event the certified historic structure is converted into condominiums and assignees of the credits that have not claimed the tax credits in whole or part may assign, transfer or convey the credits, in whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant to chapter 11, 12, 13, (other than the tax imposed under section 44-13-13), 14, 17 or 30 of this title. The assignee may apply the tax credit against taxes imposed on the assignee until the end of the tenth calendar year after the year in which the substantially rehabilitated property is placed in service or until the full credit assigned is used, whichever occurs first. Fiscal year assignees may claim the credit until the expiration of the fiscal year that ends within the tenth year after the year in which the substantially rehabilitated property is placed in service. The assignor shall perfect the transfer by notifying the state of Rhode Island division of taxation, in writing, within thirty (30) calendar days following the effective date of the transfer and shall provide any information as may be required by the division of taxation to administer and carry out the provisions of this section.
For purposes of this chapter, any assignment or sales proceeds received by the taxpayer for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from this title. If a tax credit is subsequently recaptured under this chapter, revoked or adjusted, the seller's tax calculation for the year of revocation, recapture, or adjustment shall be increased by the total amount of the sales proceeds, without proration, as a modification under chapter 30 of this title. In the event that the seller is not a natural person, the seller's tax calculation under chapters 11, 12, 13 (other than with respect to the tax imposed under section 44-13-13), 14, 17, or 30 of this title, as applicable, for the year of revocation, recapture, or adjustment, shall be increased by including the total amount of the sales proceeds without proration.
(g) Credits allowed to partners, members or owners that are exempt from taxation under section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S. Code, and only said credits, shall be fully refundable.
(h) Substantial rehabilitation of property that either:
(1) Is exempt from real property tax;
(2) Is a social club; or
(3) Consists of a single family home or a property that contains less than three (3) residential apartments or condominiums shall be ineligible for the tax credits authorized under this chapter; provided, however, a scattered site development with five (5) or more residential units in the aggregate (which may include single family homes) shall be eligible for tax credit. In the event a certified historic structure undergoes a substantial rehabilitation pursuant to this chapter and within twenty-four (24) months after issuance of a certificate of completed work the property becomes exempt from real property tax, the taxpayer's tax for the year shall be increased by the total amount of credit actually used against the tax.
(i) In the case of a corporation, this credit is only allowed against the tax of a corporation included in a consolidated return that qualifies for the credit and not against the tax of other corporations that may join in the filing of a consolidated tax return.
44-33.6-4. Administration. -- (a) To claim the tax credit authorized in this chapter, taxpayers shall apply:
(1) To the commission prior to the certified historic structure being placed in service for a certification that the certified historic structure's rehabilitation will be consistent with the standards of the Secretary of the United States Department of the Interior for rehabilitation;
(2) To the commission after completion of the rehabilitation work of the certified historic structure for a certification that the rehabilitation is consistent with the standards of the Secretary of the United States Department of the Interior for rehabilitation; and
(3) To the division of taxation after completion of the rehabilitation work of the certified historic structure for a certification as to the amount of tax credit for which the rehabilitation qualifies. The commission and the division of taxation may rely on the facts represented in the application without independent investigation and, with respect to the amount of tax credit for which the rehabilitation qualifies, upon the certification of a certified public accountant licensed in the state of Rhode Island. The applications shall be developed by the commission and the division of taxation and may be amended from time to time.
(b) Within thirty (30) days after the commission's and division of taxation's receipt of the taxpayer's application requesting certification for the completed rehabilitation work:
(1) The commission shall issue the taxpayer a written determination either denying or certifying the rehabilitation; and
(2) Division of taxation shall issue a certification of the amount of credit for which the rehabilitation qualifies. To claim the tax credit, the division of taxation's certification as to the amount of the tax credit shall be attached to all state tax returns on which the credit is claimed.
(c) No taxpayer may benefit from the provisions of this chapter unless the owner of the certified historic structure grants a restrictive covenant to the commission, agreeing that during the holding period no material alterations to the certified historic structure will be made without the commission's prior approval and agreeing that such shall be done in a manner consistent with the standards of the Secretary of the United States Department of the Interior; and, in the event the owner applies for the twenty-five percent (25%) tax credit, that either:
(1) At least twenty-five percent (25%) of the total rentable area of the certified historic structure will be made available for a trade or business; or
(2) The entire rentable area located on the first floor of the certified historic structure will be made available for a trade or business, in either case, for a period of sixty (60) months after the placed in service date of the certified historic structure or identifiable portion thereof.
(d) The division of taxation shall charge a fee equal to three percent (3%) of qualified rehabilitation expenditures. The fee shall be payable upon submission of the Part 2 application. The fee shall be non-refundable.
(e) Notwithstanding any provisions of the general laws or regulations adopted thereunder to the contrary, including, but not limited to, the provisions of chapter 2 of title 37, the division of taxation is hereby expressly authorized and empowered to enter into contracts with persons, firms, partnerships, trusts, estates, limited liability companies, corporations (whether for profit or nonprofit) or other business entities that incur qualified rehabilitation expenditures for the substantial rehabilitation of certified historic structures or some identifiable portion of a structure. Upon payment of the portion of the fee set forth in subdivision (d) above, the division of taxation and the applicant shall enter into a contract for tax credits consistent with the terms and provisions of this chapter.
(f) Upon satisfaction of the requirements set forth herein and the payment of the fees as set forth in subdivision (d) above, the division of taxation shall, on behalf of the State of Rhode Island, guarantee the delivery of one hundred percent (100%) of the tax credit and use of one hundred percent (100%) of the tax credit in the tax year a certified historic structure is placed in service through a contract with persons, firms, partnerships, trusts, estates, limited liability companies, corporations (whether for profit or nonprofit) or other business entities that will incur qualified rehabilitation expenditures for the substantial rehabilitation of a certified historic structure or some identifiable portion of a structure.
(g) Any contract executed pursuant to this chapter by a person, firm, partnership, trust, estate, limited liability company, corporation (whether for profit or nonprofit) or other business entity shall be assignable to:
(1) An affiliate thereof without any consent from the division of taxation;
(2) A banking institution as defined by subdivision 44-14-2(2) or credit union as defined in subdivision 44-15-1.1(1) without any consent from the division of taxation; or
(3) A person, firm, partnership, trust, estate, limited liability company, corporation (whether for profit or nonprofit) or other business entity that incurs qualified rehabilitation expenditures for the substantial rehabilitation of certified historic structures or some identifiable portion of a structure, with such assignment to be approved by the division of taxation, which approval shall not be unreasonably withheld or conditioned. For purposes of this subsection, "affiliate" shall be defined as any entity controlling, controlled by or under common control with such person, firm, partnership, trust, estate, limited liability company, corporation (whether for profit or nonprofit) or other business entity.
(h) If information comes to the attention of the commission or division of taxation at any time up to and including the last day of the holding period that is materially inconsistent with representations made in an application, the commission may deny the requested certification or revoke a certification previously given, and in either instance all fees paid by the applicant shall be deemed forfeited. In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs and such tax credits have been transferred, assigned and/or allocated, the state will pursue its recapture remedies and rights against the applicant of the tax credits, and all fees paid by the applicant shall be deemed forfeited. No redress shall be sought against assignees, transferees or allocates of such credits provided they acquired the tax credits by way of an arms-length transaction, for value, and without notice of violation, fraud or misrepresentation.
(i) The commission, in consultation with the division of taxation, shall promulgate such rules and regulations as are necessary to carry out the intent and purpose of this chapter.
44-33.6-5. Information requests. -- The tax division and its agents, for the purpose of ascertaining the correctness of any credit claimed under the provisions of this chapter, may examine any books, papers, records, or memoranda bearing upon the matters required to be included in the return, report, or other statement, and may require the attendance of the person executing the return, report, or other statement, or of any officer or employee of any taxpayer, or the attendance of any other person, and may examine the person under oath respecting any matter which the tax administrator or his or her agent deems pertinent or material in determining the eligibility for credits claimed and may request information from the commission, and the commission shall provide the information in all cases, to the extent not otherwise prohibited by statute.
44-33.6-6. Election; Limitations. -- Taxpayers who elect and qualify to claim tax credits for the substantial rehabilitation of a certified historic structure pursuant to this chapter are ineligible for any tax credits that may also be available to the taxpayer for the substantial rehabilitation of that particular certified historic structure under the provisions of chapters 33.1 of this title, 64.7 of title 42, and/or 31 of this title. Neither taxpayers nor assignees may apply any tax credits issued in accordance with this section until fiscal year 2014.
44-33.6-7. Timing and reapplication. -- Taxpayers shall have twelve (12) months from the approval of Part 2 application to commence substantial construction activities related to the subject substantial rehabilitation. Upon commencing substantial construction activities, the taxpayer shall submit an affidavit of commencement of substantial construction to the commission, together with evidence of such requirements having been satisfied. Furthermore, after commencement of substantial construction activities, no project shall remain idle prior to completion for a period of time exceeding six (6) months. In the event that a taxpayer does not commence substantial construction activities within twelve (12) months from the approval of Part 2 application, or in the event that a project remains idle prior to completion for a period of time exceeding six (6) months, the subject taxpayer shall forfeit all fees paid prior to such date and its then-current contract for tax credits shall be deemed null and void, and shall terminate without need for further action or documentation. Upon any such forfeiture and termination, a taxpayer may re-apply for tax credits pursuant to this chapter, however, notwithstanding anything contained herein to the contrary, one hundred percent (100%) of the fees required shall be paid upon reapplication and such fees shall be non-refundable. Additionally, any taxpayer reapplying for tax credits pursuant to this section 44-33.6-7 shall be required to submit evidence with its application establishing the reason for delay in commencement or the project sitting idle, as the case may be, and provide evidence, reasonably satisfactory to the commission, that such condition or event causing same has been resolved. All taxpayers shall submit a reasonably detailed project timeline to the commission together with the Part 2 application. The provisions of this section shall be further detailed and incorporated into the form of contract for tax credits used in connection with this chapter.
44-33.6-8. Historic tax credit apprenticeship requirements. -- (a) Notwithstanding any laws to the contrary, any credit allowed under this chapter for hard construction costs valued at ten million dollars ($10,000,000) or more shall include a requirement that any contractor and subcontractor working on the project shall have an apprenticeship program as defined herein for all apprenticeable crafts that will be employed on the project at the time of bid. The provisions of the section shall only apply to contractors and subcontractors with five (5) or more employees. For purposes of this section, an apprenticeship program is one that is registered with and approved by the United States department of labor in conformance with 29 C.F.R. 29 and 29 C.F.R.30; and
(b) The department of labor and training must provide information and technical assistance to affected governmental, quasi-governmental agencies, and any contractors awarded projects relative to their obligations under this statute.
(c) The department of labor and training may also impose a penalty of up to five hundred dollars ($500) for each calendar day of noncompliance with this section, as determined by the director of labor and training. Mere errors and/or omissions shall not be grounds for imposing a penalty under this subsection.
(d) Any penalties assessed under this statute shall be paid to the general fund.
(e) To the extent that any of the provisions contained in section 37-13-3.2 conflict with the requirements for federal aid contracts, federal law and regulations shall control.
44-33.6-9. Reporting requirements. -- (a) Each taxpayer requesting certification of a completed rehabilitation shall report to the commission and the division of taxation the following information:
(1) The number of total jobs created;
(2) The number of Rhode Island businesses retained for work;
(3) The total amount of qualified rehabilitation expenditures;
(4) The total cost of materials or products purchased from Rhode Island businesses;
(5) Such other information deemed necessary by the tax administrator.
(b) Any agreements or contracts entered into under this chapter by the division, the commission, or the economic development corporation and the taxpayer shall be sent to the division of taxation and be available to the public for inspection by any person and shall be published by the tax administrator on the tax division website.
(c) By August 15th of each year the division of taxation shall report the name, address, and amount of tax credit received for each credit recipient during the previous state fiscal year to the governor, the chairpersons of the house and senate finance committees, the house and senate fiscal advisors, and the department of labor and training. This report shall be available to the public for inspection by any person and shall be published by the tax administrator on the tax division website.
(d) By September 1st of each year the division of taxation shall report in the aggregate the information required under subsection 44-33.6-9(a). This report shall be available to the public for inspection by any person and shall be published by the tax administrator on the tax division website.
(e) By September 1, 2018 and biennially thereafter the division of taxation shall report in the aggregate the total number of approved projects, project costs, and associated amount of approved tax credits.
44-33.6-10. Historic preservation tax credit trust fund. -- All processing fees collected pursuant to this chapter after July 1, 2013 shall be deposited in a historic preservation tax credit restricted receipt account within the historic preservation tax credit trust fund, which shall be used, to the extent resources are available, to refund or reimburse the state for any credits certified by the division of taxation.
44-33.6-11. Sunset.-- No credits shall be authorized to be reserved pursuant to this chapter on or after June 30, 2016 or upon the exhaustion of the maximum aggregate credits, whichever comes first.
SECTION 3. Section 1 of this article shall take effect upon passage.
Section 2 of this article shall take effect upon passage and shall be repealed
effective June 30, 2017. SECTION 3. This article shall take effect upon passage.
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art.023/5/023/4/023/3
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ARTICLE 23
RELATING TO STATE AFFAIRS AND GOVERNMENT - THE INNOVATE RHODE ISLAND SMALL BUSINESS PROGRAM
SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is hereby amended by adding thereto the following chapter:
CHAPTER 64.15
THE INNOVATE RHODE ISLAND SMALL BUSINESS PROGRAM
42-64.15-1. Establishment of incentive program. – (a) There is hereby established the Innovate Rhode Island Small Business Incentive Program SBIR/STTR to be administered by the Rhode Island Science and Technology Advisory Council (STAC). In order to foster job creation and economic development in the state, STAC may provide grants to eligible businesses to offset costs associated with applying to the United States Small Business Administration for Small Business Innovation Research (SBIR) grants or Small Business Technology Transfer Research (STTR) grants. The grants shall be paid from the Innovate Rhode Island Small Business Account established in this chapter.
(b) Eligibility. – In order to be eligible for a grant under this section, a business must satisfy all of the following conditions:
(1) The business must be a for-profit, Rhode Island-based business with fifty (50) or fewer employees. For the purposes of this section, a Rhode Island-based business is one that has its principal place of business and at least fifty-one percent (51%) of its employees residing in this state.
(2) The business must have submitted a qualified SBIR/STTR Phase I proposal to a participating federal agency in response to a specific federal solicitation.
(3) The business must satisfy all federal SBIR/STTR requirements.
(4) The business shall not receive concurrent funding support from other sources that duplicates the purpose of this section.
(5) The business must certify that at least fifty-one percent (51%) of the research described in the federal SBIR/STTR Phase I proposal will be conducted in this state and that the business will remain a Rhode Island-based business for the duration of the SBIR/STTR Phase I project.
(6) The business must demonstrate its ability to conduct research in its SBIR/STTR Phase I proposal.
(c) Grant. – STAC may award grants to reimburse an eligible business for up to fifty percent (50%) of the costs of preparing and submitting an SBIR/STTR Phase I proposal, up to a maximum of three thousand dollars ($3,000). A business may receive only one grant under this section per year. A business may receive only one grant under this section with respect to each federal proposal submission. Costs that may be reimbursed include costs incurred directly related to preparation and submission of the grant such as word processing services, proposal consulting fees, project-related supplies, literature searches, rental of space or equipment related to the proposal preparation, and salaries of individuals involved with the preparation of the proposals. Costs that shall not be reimbursed include travel expenses, large equipment purchases, facility or leasehold improvements, and legal fees.
(d) Application. – A business shall apply, under oath, to STAC for a grant under this section on a form prescribed by STAC that includes at least all of the following:
(1) The name of the business, the form of business organization under which it is operated, and the names and addresses of the principals or management of the business.
(2) An acknowledgement of receipt of the Phase I proposal by the relevant federal agency.
(3) An itemized statement of the costs that may be reimbursed.
(4) Any other information necessary for STAC to evaluate the application.
42-64.15-2. Establishment of matching funds program. – (a) There is established the Rhode Island SBIR/STTR Matching Funds Program to be administered by STAC. In order to foster job creation and economic development in the state, STAC may provide grants to eligible businesses to match funds received by a business as a SBIR or STTR Phase I award, loans to eligible businesses to match funds received by a business as a SBIR or STTR Phase II award, and to encourage businesses to apply for further Phase II and Phase III awards, respectively.
(b) Eligibility. – In order to be eligible for a grant under this section, a business must satisfy all of the following conditions:
(1) The business must be a for-profit, Rhode Island-based business with fifty (50) or fewer employees. For the purposes of this section, Rhode Island-based business is one that has its principal place of business and at least fifty-one percent (51%) of its employees residing in this state.
(2) The business must have received an SBIR/STTR Phase I award from a participating federal agency in response to a specific federal solicitation. To receive the full Phase I matching grant, the business must also have submitted a final Phase I report, demonstrated that the sponsoring agency has interest in the Phase II proposal, and submitted a Phase II proposal to the agency. To receive the full Phase II matching loan, the business must also have submitted a final Phase II report, demonstrated that the sponsoring agency has interest in the Phase III proposal, and submitted a Phase III proposal to the agency.
(3) The business must satisfy all federal SBIR/STTR requirements.
(4) The business shall not receive concurrent funding support from other sources that duplicates the purpose of this section.
(5) For a Phase I matching grant, the business must certify that at least fifty-one percent (51%) of the research described in the federal SBIR/STTR Phase II proposal will be conducted in this state and that the business will remain a Rhode Island-based business for the duration of the SBIR/STTR Phase II project. For a Phase II matching loan, the business must certify that at least fifty-one percent (51%) of the research described in the federal SBIR/STTR Phase III proposal will be conducted in this state and that the business will remain a Rhode Island-based business for the duration of the SBIR/STTR Phase III project.
(6) For a Phase I matching grant, the business must demonstrate its ability to conduct research in its SBIR/STTR Phase II proposal. For a Phase II matching loan, the business must demonstrate its ability to conduct research in its SBIR/STTR Phase III proposal.
(c) Phase I Matching Grant. – STAC may award grants to match the funds received by a business through a SBIR/STTR Phase I proposal up to a maximum of one hundred thousand dollars ($100,000). Seventy-five percent (75%) of the total grant shall be remitted to the business upon receipt of the SBIR/STTR Phase I award and application for funds under this section. Twenty-five percent (25%) of the total grant shall be remitted to the business upon submission by the business of the Phase II application to the funding agency and acceptance of the Phase I report by the funding agency. A business may receive only one grant under this section per year. A business may receive only one grant under this section with respect to each federal proposal submission. Over its lifetime, a business may receive a maximum of six (6) awards under this section.
(d) Phase II Matching Loan. – STAC may award loans to match the funds received by a business through a SBIR/STTR Phase II proposal up to a maximum of three hundred thousand dollars ($300,000) that must be secured by sufficient assets of the business. Seventy-five percent (75%) of the total loan shall be remitted to the business upon receipt of the SBIR/STTR Phase II award and application for funds under this section. Twenty-five percent (25%) of the total loan shall be remitted to the business upon submission by the business of the Phase III application to the funding agency and acceptance of the Phase I report by the funding agency. A business may receive only one loan under this section per year. A business may receive only one loan under this section with respect to each federal proposal submission. Over its lifetime, a business may receive a maximum of six (6) loans under this section.
(e) Application. – A business shall apply, under oath, to STAC for a grant or loan under this section on a form prescribed by STAC that includes at least all of the following:
(1) The name of the business, the form of business organization under which it is operated, and the names and addresses of the principals or management of the business.
(2) For a Phase I matching grant, an acknowledgement of receipt of the Phase I report and Phase II proposal by the relevant federal agency. For a Phase II matching loan, an acknowledgement of receipt of the Phase II report and Phase III proposal by the relevant federal agency.
(3) Any other information necessary for STAC to evaluate the application.
42-64.15-3. Establishment of bioscience & engineering internship program. – (a) There is hereby established the Innovate Rhode Island Bioscience & Engineering Internship Program to be administered by STAC. In order to promote workforce development and education in the bioscience and engineering fields and enhance the talent pipeline for Rhode Island businesses engaged in the biosciences and engineering, STAC may reimburse eligible bioscience and engineering companies for eligible internship stipends. The reimbursements shall be paid from the Innovate Rhode Island Small Business Account established in this chapter.
(b) Bioscience and engineering definitions.
(1) Bioscience definition. – For the purposes of this section, "bioscience" shall mean advanced and applied sciences that expand the understanding of human physiology and have the potential to lead to medical advances or therapeutic applications.
(2) Engineering definition. – For the purposes of this section, "engineering" shall mean the creative application of advanced mathematics and natural sciences to design or develop complex structures, machines, processes, or systems.
(c) Business eligibility. – In order to be eligible for reimbursement under this section, a business must satisfy all of the following conditions:
(1) The business must be a for-profit, Rhode Island-based business with fifty (50) or fewer employees. For the purposes of this section, a Rhode Island-based business is one that has its principal place of business and at least fifty-one percent (51%) of its employees in this state.
(2) The business must be primarily engaged in a bioscience or engineering field and must demonstrate its ability to conduct research in bioscience or engineering.
(3) The business must host the internship in Rhode Island.
(4) The business must offer interns a hands-on learning experience and at least one mentor directly overseeing the internship.
(5) Any two or more related businesses that are commonly controlled by any person or entity, directly or indirectly, are limited to reimbursement under this section available for one business only.
(d) Intern eligibility. – In order to be an eligible intern under this section, a prospective intern must satisfy all of the following requirements:
(1) The prospective intern must be a Rhode Island resident and must attend a college or university located in Rhode Island.
(2) For students enrolled in community college, the student must be enrolled in an Associate's Degree or Certificate program or completed one within the past year; for students enrolled in four-year college or university, the student must have or will have completed at least sophomore year the semester before the internship, or have graduated within the past year; for graduate students, the student must be enrolled in a Master's Degree program or received their Master's Degree within the past year.
(3) The intern cannot be the spouse, child, grandchild, sibling, niece, nephew, or spouse of a child, grandchild, sibling, niece, or nephew of any employee of the business.
(4) The intern cannot participate in more than one internship subsidized under this section in the same calendar year.
(5) The intern cannot participate in more than two internships subsidized under this section, over two calendar years, with the same business.
(c) Reimbursement. – STAC may reimburse eligible companies for pay rates up to twelve dollars ($12) per hour for a total reimbursement of no more than three thousand dollars ($3,000) per eligible intern in a bioscience or engineering internship program. Businesses may seek reimbursement for up to two (2) interns per calendar year. Interns shall be paid directly by the eligible business. Eligible businesses may seek reimbursement under this section by providing certification and proof of payment to STAC.
(d) Business application. – A business shall apply, under oath, to STAC to qualify for reimbursement under this section on a form prescribed by STAC that includes at least all of the following:
(1) The name of the business, the form of business organization under which it is operated, and the names and addresses of the principals or management of the business.
(2) Certification that the business meets the requirements for eligibility under this section.
(3) A description of the bioscience or engineering internship program that the business intends to offer.
(4) Any other information necessary for STAC to evaluate the application.
(e) Prospective intern application. – A prospective intern shall apply, under oath, to STAC to qualify for an internship under this section on a form prescribed by STAC that includes at least all of the following:
(1) The prospective intern’s name, address, college or university, program of study, year of study at the college or university, and degree of attainment.
(2) Certification that prospective intern meets the requirements for eligibility under this section.
(3) Proof of Rhode Island residency.
(4) Proof of enrollment in a college or university in Rhode Island or proof of having graduated from a college or university in Rhode Island within the past year.
(5) Resume and cover letter.
(6) Any other information necessary for STAC to evaluate the application.
(f) Application process. – STAC may receive applications from businesses and prospective interns throughout the calendar year and make determinations relating to eligibility under this section. STAC may make available to eligible businesses the eligible intern applications. Eligible businesses looking to host interns may review applications, interview candidates, and select and hire interns according to their qualifications and the businesses’ needs.
42-64.15-4. Program guidelines. – STAC shall develop guidelines related to the administration of the programs established by this chapter. At least twenty (20) days before the effective date of any guidelines or nontechnical amendments to guidelines, STAC must publish the proposed guidelines on STAC website and provide notice to persons who have requested notice of proposed guidelines. In addition, STAC must accept oral and written comments on the proposed guidelines during the fifteen (15) business days beginning on the first day that STAC has completed these notifications. For the purpose of this section, a technical amendment is either of the following:
(1) An amendment that corrects a spelling or grammatical error.
(2) An amendment that makes a clarification based on public comment and could have been anticipated by the public notice that immediately preceded the public comment.
42-64.15-5. Innovate Rhode Island Small Business Account established as a special revenue fund. – (a) Establishment. – The Innovate Rhode Island Small Business Account is hereby established as a special revenue fund in STAC.
(b) Purpose. – The Innovate Rhode Island Small Business Account ("IRISBA") shall be used for the Rhode Island SBIR/STTR Incentive Program, the Rhode Island SBIR/STTR Matching Funds Program, and the Rhode Island Bioscience & Engineering Internship Program, as specified in this chapter. Moneys in the IRISBA shall be allocated as specified in this chapter and shall not exceed available funds in the account.
42-64.15-6. Reports. -- STAC shall publish a report on the use of funds in the Innovate Rhode Island Small Business Account ("IRISBA") at the end of each fiscal quarter. The report shall contain information on the commitment, disbursement, and use of funds allocated under the (IRISBA). The report is due no later than one month after the end of the fiscal quarter, and must be submitted to the following:
(1) The chairs of the house of representatives and senate finance committees.
(2) The fiscal offices of the general assembly.
SECTION 2. This act shall take effect upon passage.
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art.025/2/050/1
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ARTICLE 24 AS AMENDED
RELATING TO ECONOMIC DEVELOPMENT
SECTION 1. Section 1 of Chapter 26 of the 2010 Public Laws entitled "AN ACT RELATING TO ECONOMIC DEVELOPMENT" is hereby repealed.
SECTION 1. WHEREAS, The Rhode Island
Economic Development Corporation was created by the general assembly pursuant
to chapter 64 of title 42 of the general laws in order to, among other things,
promote the retention and expansion of businesses and the creation of jobs in
Rhode Island; and
WHEREAS, One of the methods utilized by
the Rhode Island Economic Development Corporation to help promote and expand
businesses in Rhode Island is the use of its quasi-public corporation powers to
issue bonds and debt and guarantees of debt; and
WHEREAS, Rhode Island continues to
suffer from continuing high unemployment and other ill effects from the most
recent national recession; and
WHEREAS, One of Rhode Island's economic
development's strategies of continuing to optimize its knowledge economy assets
such, as the sciences, technology, digital media, innovative manufacturing and
other technologies, requires adequate access to capital; and
WHEREAS, Rhode Island companies in
growth phases are limited in their ability to obtain reasonable credit without
access to credit enhancement; and
WHEREAS, The Rhode Island Economic
Development Corporation desires to create a loan guarantee and bond program
pursuant to which it will be able to guarantee loan repayments either directly
or through the issuance of its bonds in order to induce lending to companies
growing their employment in Rhode Island;
WHEREAS, The Rhode Island Economic
Development Corporation seeks to have authority pursuant to chapter 18 of title
35 of the general laws to guarantee debts or otherwise issue its bonds for this
purpose not to exceed one hundred twenty five million dollars ($125,000,000) in
the aggregate of unpaid principal, thereby limiting the contingent long-term
cost of such program to the state; and
WHEREAS, The Rhode Island Economic
Development Corporation requests the approval of the general assembly prior to
undertaking such program; now, therefore be it
RESOLVED, That the Rhode Island
Economic Development Corporation (the "corporation") is hereby
empowered and authorized pursuant to chapter 18, title 35 of the general laws,
and notwithstanding any provisions of chapter 64, title 42 of the general laws
to the contrary, to create the corporation's Job Creation Guaranty Program (the
"program"). Under the program, the corporation may from time to time
issue its bonds, guaranty debt service thereon or on bonds issued by the Rhode
Island industrial facilities corporation, or guaranty the debt service of
another provided that the principal amount of bonds or other obligations
guaranteed pursuant to the program shall not at any time exceed one hundred
twenty-five million dollars ($125,000,000). The guaranty of any bond or other
obligation may extend to repayment of the principal thereof, sinking payments
therefore, interest thereon, and payment of any redemption price or premium in
connection with the redemption thereof prior to maturity;
RESOLVED, That guaranties or bonds
issued by the corporation shall be approved by its board of directors, or a
committee of the board as so designated by the board, and shall be executed by
its executive director or any authorized officer of the corporation as
authorized in a resolution approved by the board of directors of the
corporation from time to time in a form the corporation may prescribe. The
board of directors of the corporation in authorizing any such guaranty or bond
obligations shall consider and be guided by the following objectives:
(a) Priority will be given to projects
that promptly create permanent, full-time jobs with annual wages in excess of
two hundred fifty percent (250%) of the then current minimum wage earned
annually with industry comparable benefits. A full-time job shall mean one in
which the employee works a minimum of thirty (30) hours per week within this
state.
(b) Any guaranty or bond obligations
hereby authorized should leverage capital formation to facilitate business
development with new and existing companies that will create or retain jobs in
this state. The documentation reflecting guaranty and bond obligations
authorized hereby shall contain adequate legal provisions for assuring
performance by the borrower of creating and retaining new jobs within this
state.
(c) Priority shall be given to
guarantees that align with the State’s economic development strategy to expand
high-wage jobs in knowledge industry growth clusters or with respect to assets
related thereto.
(d) Guarantees or loan obligations from
the program’s borrower will be collateralized by any and all available assets
of the borrower and guarantors, where applicable, including subordinate
collateral positions, cross collateralization with other lenders and
collateralized guarantees as appropriate.
(e) Insurances, including hazard and
key person life, may be required where appropriate.
(f) The corporation may utilize such data
and retain experts as necessary to assess and validate associated guaranty
risk, and the corporation may charge borrower reasonable fees for the
corporation’s guaranty and reimbursement of expenses;
RESOLVED, that in order assure any
payments due on guarantees or bond obligations issued by the corporation in
connection with the program pursuant to this authorization are made, to assure
the continued operation and solvency of the corporation for the carrying out of
its corporate purposes, and except as otherwise set forth in these authorizing
resolutions in accordance with the provisions of chapter 64, title 42 of the
general laws: (i) The corporation shall create a reserve fund from which shall
be charged any and all expenses of the corporation with respect to guarantee or
bond obligations of the corporation pursuant to these resolutions resulting
from a program borrower’s default; and (ii) The corporation shall credit to the
reserve fund no less than fifty percent (50%) of all program receipts of the corporation
including guaranty fees, premiums and any other receipts or recoveries from
collections received pursuant to the corporation’s rights to recover payments
as a guarantor; and (iii) To the extent the corporation’s obligations as a
guarantor or pursuant to its program bond obligations are not satisfied by
amounts in its guaranty reserve fund, the executive director of the corporation
shall annually, on or before December 1st, make and deliver to the governor a
certificate stating the minimum amount, if any, required for the corporation to
make payments due on such guarantees. During each January session of the
general assembly, the governor shall submit to the general assembly, as part of
the governor’s budget, the total of such sums, if any, required to pay any and
all obligations of the corporation under such guarantees or bond obligations
pursuant to the terms of this authorization. All sums appropriated by the
general assembly for that purpose, and paid to the corporation, if any, shall
be utilized by the corporation to make payments due on such guarantees or bond
obligations. Any recoveries by the corporation of guarantee payments are to be
returned to the guarantee reserve fund and utilized to reduce any obligation of
the state pursuant to any guarantees entered into by the corporation;
RESOLVED, on or before January 1 of
each year, the corporation shall issue a report on all guarantees issued by the
corporation pursuant to this authorization. The report shall include at a
minimum: a list of each guarantee issued; a description of the borrower on
behalf of which the guarantee was issued; the lender or lenders that made the
loan, and the amount of such loan, to such borrower; the amount of principal
and interest on each such loan outstanding as of the date of such report; a
summary of the collateral securing the repayment of such loan for which the
guarantee was issued; and a summary of the economic impacts made by such
borrower as a result of the guaranteed loan, including but not limited to the number,
type and wages of jobs created by such borrower, any impacts on the industry in
which the borrower operates and an estimate of income taxes for the state of
Rhode Island generated by the employees of such borrower and the borrower
itself.
SECTION 2. Section 1 of Chapter 29 of the 2010 Public Laws entitled “AN ACT RELATING TO AUTHORIZING THE ECONOMIC DEVELOPMENT CORPORATION TO CREATE THE JOB CREATION GUARANTY PROGRAM” is hereby repealed.
SECTION 1. WHEREAS, The Rhode Island
Economic Development Corporation was created by the general assembly pursuant
to chapter 64 of title 42 of the general laws in order to, among other things,
promote the retention and expansion of businesses and the creation of jobs in
Rhode Island; and
WHEREAS, One of the methods utilized by
the Rhode Island Economic Development
Corporation to help promote and expand
businesses in Rhode Island is the use of its quasi-public corporation powers to
issue bonds and debt and guarantees of debt; and
WHEREAS, Rhode Island continues to suffer
from continuing high unemployment and other ill effects from the most recent
national recession; and
WHEREAS, One of Rhode Island's economic
development's strategies of continuing to optimize its knowledge economy assets
such, as the sciences, technology, digital media, innovative manufacturing and
other technologies, requires adequate access to capital; and
WHEREAS, Rhode Island companies in
growth phases are limited in their ability to obtain reasonable credit without
access to credit enhancement; and
WHEREAS, The Rhode Island Economic
Development Corporation desires to create a loan guarantee and bond program
pursuant to which it will be able to guarantee loan repayments either directly
or through the issuance of its bonds in order to induce lending to companies
growing their employment in Rhode Island;
WHEREAS, The Rhode Island Economic
Development Corporation seeks to have authority pursuant to chapter 18 of title
35 of the general laws to guarantee debts or otherwise issue its bonds for this
purpose not to exceed one hundred twenty five million dollars
($125,000,000) in the aggregate of
unpaid principal, thereby limiting the contingent long-term Cost of such
program to the state; and
WHEREAS, The Rhode Island Economic
Development Corporation requests the approval of the general assembly prior to
undertaking such program; now, therefore be it
RESOLVED, That the Rhode Island
Economic Development Corporation (the "corporation") is hereby
empowered and authorized pursuant to chapter 18, title 35 of the general laws,
and notwithstanding any provisions of chapter 64, title 42 of the general laws
to the contrary, to create the corporation's Job Creation Guaranty Program (the
"program"). Under the program, the corporation may from time to time
issue its bonds, guaranty debt service thereon or on bonds issued by the Rhode
Island industrial facilities corporation, or guaranty the debt service of
another provided that the principal amount of bonds or other obligations
guaranteed pursuant to the program shall not at any time exceed one hundred
twenty-five million dollars ($125,000,000). The guaranty of any bond or other
obligation may extend to repayment of the principal thereof, sinking payments
therefore, interest thereon, and payment of any redemption price or premium in
connection with the redemption thereof prior to maturity;
RESOLVED, That guaranties or bonds
issued by the corporation shall be approved by its board of directors, or a
committee of the board as so designated by the board, and shall be executed by
its executive director or any authorized officer of the corporation as
authorized in a resolution approved by the board of directors of the
corporation from time to time in a form the corporation may prescribe. The
board of directors of the corporation in authorizing any such guaranty or bond
obligations shall consider and be guided by the following objectives:
(a) Priority will be given to projects
that promptly create permanent, full-time jobs with annual wages in excess of
two hundred fifty percent (250%) of the then current minimum wage earned
annually with industry comparable benefits. A full-time job shall mean one in
which the employee works a minimum of thirty (30) hours per week within this
state.
(b) Any guaranty or bond obligations
hereby authorized should leverage capital formation to facilitate business
development with new and existing companies that will create or retain jobs in
this state. The documentation reflecting guaranty and bond obligations
authorized hereby shall contain adequate legal provisions for assuring
performance by the borrower of creating and retaining new jobs within this
state.
(c) Priority shall be given to
guarantees that align with the State’s economic development strategy to expand
high-wage jobs in knowledge industry growth clusters or with respect to assets
related thereto.
(d) Guarantees or loan obligations from
the program’s borrower will be collateralized by any and all available assets
of the borrower and guarantors, where applicable, including subordinate
collateral positions, cross collateralization with other lenders and
collateralized guarantees as appropriate.
(e) Insurances, including hazard and
key person life, may be required where appropriate.
(f) The corporation may utilize such
data and retain experts as necessary to assess and validate associated guaranty
risk, and the corporation may charge borrower reasonable fees for the
corporation’s guaranty and reimbursement of expenses;
RESOLVED, that in order assure any
payments due on guarantees or bond obligations issued by the corporation in
connection with the program pursuant to this authorization are made, to assure
the continued operation and solvency of the corporation for the carrying out of
its corporate purposes, and except as otherwise set forth in these authorizing
resolutions in accordance with the provisions of chapter 64, title 42 of the
general laws: (i) The corporation shall create a reserve fund from which shall
be charged any and all expenses of the corporation with respect to guarantee or
bond obligations of the corporation pursuant to these resolutions resulting
from a program borrower’s default; and (ii) The corporation shall credit to the
reserve fund no less than fifty percent (50%) of all program receipts of the
corporation including guaranty fees, premiums and any other receipts or
recoveries from collections received pursuant to the corporation’s rights to
recover payments as a guarantor; and (iii) To the extent the corporation’s
obligations as a guarantor or pursuant to its program bond obligations are not
satisfied by amounts in its guaranty reserve fund, the executive director of
the corporation shall annually, on or before December 1st, make and deliver to
the governor a certificate stating the minimum amount, if any, required for the
corporation to make payments due on such guarantees. During each January
session of the general assembly, the governor shall submit to the general
assembly, as part of the governor’s budget, the total of such sums, if any,
required to pay any and all obligations of the corporation under such
guarantees or bond obligations pursuant to the terms of this authorization. All
sums appropriated by the general assembly for that purpose, and paid to the
corporation, if any, shall be utilized by the corporation to make payments due
on such guarantees or bond obligations. Any recoveries by the corporation of
guarantee payments are to be returned to the guarantee reserve fund and
utilized to reduce any obligation of the state pursuant to any guarantees entered
into by the corporation;
RESOLVED, on or before January 1 of
each year, the corporation shall issue a report on all guarantees issued by the
corporation pursuant to this authorization. The report shall include at a
minimum: a list of each guarantee issued; a description of the borrower on
behalf of which the guarantee was issued; the lender or lenders that made the
loan, and the amount of such loan, to such borrower; the amount of principal
and interest on each such loan outstanding as of the date of such report; a
summary of the collateral securing the repayment of such loan for which the
guarantee was issued; and a summary of the economic impacts made by such
borrower as a result of the guaranteed loan, including but not limited to the
number, type and wages of jobs created by such borrower, any impacts on the
industry in which the borrower operates and an estimate of income taxes for the
state of Rhode Island generated by the employees of such borrower and the
borrower itself.
SECTION 3. This article shall take effect upon passage.
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art.026/2/025/1
=======
ARTICLE 25 AS AMENDED
RELATING TO EFFECTIVE DATE
SECTION 1. This act shall take effect as of July 1, 2013, except as otherwise provided herein.
SECTION 2. This article shall take effect upon passage.