2013 -- S 0989

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LC02742

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

     Introduced By: Senators DiPalma, Felag, Ottiano, and Bates

     Date Introduced: June 05, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 24-12-27, 24-12-40.A and 24-12-40.F of the General Laws in

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Chapter 24-12 entitled "Rhode Island Turnpike and Bridge Authority" are hereby amended to

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read as follows:

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     24-12-27. Amount of tolls. -- Tolls shall be so fixed and adjusted in respect of the

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aggregate of tolls from the project or projects or the portion or portions thereof in connection with

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which bonds shall have been issued under the provisions of this chapter as to provide a fund

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sufficient with other revenues, if any, to pay (1) the cost of maintaining, repairing, and operating

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the project or projects or portion or portions thereof and (2) the principal of and the interest on the

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bonds as the prinicipal principal and interest shall become due and payable, and to create reserves

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for such purposes; provided, however, that the authority shall establish commutation rates for

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traffic over the Mount Hope Bridge by all vehicles, which rates shall not be in excess of the

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commutation rates in effect for vehicles on January 1, 1960. Tolls shall not be subject to

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supervision or regulation by any commission, board, bureau or agency of the state or of any

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municipality or other political subdivision of the state. Provided, further, that tolls on the Newport

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Bridge shall be fixed at the toll rate applied as of January 1, 2013 and no such tolls shall be

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permitted on the Sakonnet Bridge, Mount Hope Bridge or Jamestown Bridge.

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     24-12-40.A. Title to Mount Hope Bridge vested in Rhode Island turnpike and bridge

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authority -- Continuation of tolls. -- All powers, control, and jurisdiction of and title to the

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Mount Hope Bridge is hereby affirmed as having vested in the Rhode Island turnpike and bridge

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authority as of June 1, 1964, and the transfer of funds to the authority by the trustee under the

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trust indenture securing the Mount Hope Bridge revenue bonds is hereby ratified and affirmed.

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The authority shall continue to charge and collect tolls for the use of the Mount Hope Bridge to

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provide funds sufficient with any other monies available therefor for paying the costs of

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maintaining, repairing, and operating the bridge, and in any event tolls for the use of the Mount

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Hope Bridge shall continue until a fund shall be provided for the payment of engineering,

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financing, and legal services in connection with the financing and construction of the Newport

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Bridge. The power and right of the authority to collect and to use tolls collected for the use of the

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Mount Hope Bridge subsequent to June 1, 1964 for the purpose of payment of engineering,

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financial, and legal services in connection with the financing and construction of the Newport

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Bridge in an amount heretofore expended not in excess of six hundred thousand dollars

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($600,000) is hereby ratified and affirmed.

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     24-12-40.F. Title to Sakonnet River Bridge vested in Rhode Island turnpike and

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bridge authority -- Institution of tolls. -- All powers, control, and jurisdiction of and title to the

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Sakonnet River Bridge is authorized to be transferred to the Rhode Island turnpike and bridge

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authority. The authority may charge and collect tolls for the use of the Sakonnet River Bridge to

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provide funds sufficient with any other monies available therefor for paying the costs of

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acquiring, leasing, maintaining, repairing and operating, the Jamestown Verrazzano Bridge, the

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Mount Hope Bridge, the Newport Bridge, and the Sakonnet River Bridge, the turnpike and

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additional facilities.

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     SECTION 2. Chapter 24-12 of the General Laws entitled "Rhode Island Turnpike and

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Bridge Authority" is hereby amended by adding thereto the following sections:

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     24-12-40.H. Title to state-owned bridges of 700 feet or more vested in Rhode Island

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bridge and turnpike authority. -- All powers, control, and jurisdiction of and title to all state-

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owned bridges of 700 feet or more is authorized to be transferred to the Rhode Island turnpike

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and bridge authority, including those bridges identified by the department of transportation as

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follows:

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     Bridge Bridge Facility Feature City/ Length

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     ID Name Carried Intersected Town (ft)

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     090001 Newport RI 138 East Passage Narr Jamestown 11248.00

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      Bridge Authority Bay

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     080001 Jamestown- RI 138 West Passage Narr Bay Jamestown 7353.02

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      Verrazzano

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     030001 Mount Hope RI 114 Mt Hope Bay, N Sec Bristol 4858.00

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      RR, 114 LP

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     025001 Sakonnet RI 24 & Sakonnet River Portsmouth 2265.00

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      River RI 138

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     060001 Red Bridge Seekonk Seekonk River & East Providence 2049.87

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      River Cross City Sts

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     107101 Ramp WS I-195 W Rmp SE, US 1, I-95 Providence 1923.50

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      to I-95 SB NB & SB

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     170001 Washington I-195 WB Seekonk River East Providence 1903.87

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      Bridge North

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     107301 Ramp NE I-95 N US 1 & Blackstone St Providence 1745.77

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      to I-195 E

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     020001 Washington I-195 EB Seekonk River & Sts East Providence 1670.79

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      Bridge South

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     107401 Ramp SE Rmp SE-95S I-95 Rmp NP & WS, Providence 1620.25

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      to 195 E US 1, Eddy Street

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     050401 Huntington US 6 Westminster, Troy, Providence 1338.91

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      Ave Viaduct Olneyville Exp Amtrak

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     057801 Providence I-95 NB & US 6,Woonsocket River, Providence 1294.95

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      Viaduct SB Amtrak

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     108101 Providence I-195 EB & Providence River, South Providence 1235.30

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      River Bridge WB Main & South Water Sts

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     102701 Harris Ave Mall Rmp Harris Ave Providence 1073.16

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      RV- AD

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     069701 Goat Island Goat Island Newport Harbor Newport 1067.30

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      Causeway Causeway

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     057901 Ramp AD Ramp AD Amtrak, Woonsocket Providence 1013.12

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      Civic Center River, Ramp BD

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     098501 Blackstone RI 99 NB & Blackstone River, P & W Lincoln 1000.00

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      River SB Railroad

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     107601 Ramp NP Ramp NP Ramp WN, Ramp SE, Providence 963.50

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      Eddy Street

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     027501 Ashton RI 116 Geo Blackstone River, P & W Cumberland 873.03

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      Viaduct Wash Hgwy Railroad

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     058201 Ramp CB-2 Ramp CB-2 Amtrak & City Streets Providence 851.05

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      Civic Center

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     084901 Ramp BD I-95 Ramp US 6, W Exchange St, Providence 841.86

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      Civic Center BD Ramps

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     066501 Huntington RI 10 I-95 NB & SB, Amtrak Cranston 777.89

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      Viaduct Huntington Exp

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     035021 Airport Airport Arrival Road Warwick 720.00

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      Elevated Elev Rdwy

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      Rdwy

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     24-12-59. Rhode Island turnpike and bridge authority fund established. -- (a) There

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is hereby created within the department of transportation's intermodal surface transportation fund,

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a bridge maintenance fund. Said bridge maintenance fund shall be used for the sole purpose of

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distributing to the Rhode Island turnpike and bridge authority an amount equal to the authority's

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cost of maintaining all of the bridges under the control of the authority. The amount paid from the

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bridge maintenance fund shall be reduced by any such amount collected as allowable toll revenue

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pursuant to powers granted to the Rhode Island turnpike and bridge authority.

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     (b) The fund shall consist of monies generated from the following:

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     (1) Beginning in fiscal year 2014, those funds remitted to the fund pursuant to section 31-

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47.1-11 relating to the motor vehicles emissions inspection program.

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     (2) Effective fiscal year 2016, and each year thereafter until the fiscal year 2023, an

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amount to be determined by the following chart shall be deposited into the bridge maintenance

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fund from the funds collected pursuant to section 31-47.1-11:

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     (i) FY 2016 five million dollars ($5,000,000)

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     (ii) FY 2017 ten million dollars ($10,000,000)

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     (iii) FY 2018 fifteen million dollars ($15,000,000)

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     (iv) FY 2019 twenty million dollars ($20,000,000)

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     (v) FY 2020 twenty-five million dollars ($25,000,000)

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     (vi) FY 2021 thirty million dollars ($30,000,000)

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     (vii) FY 2022…………………………………thirty-five million dollars ($35,000,000)

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     (viii) FY 2023 and each fiscal year thereafter forty million dollars ($40,000,000)

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     (3) Beginning in fiscal year 2014 and continuing thereafter, all fines assessed pursuant to

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sections 31-47-9 and 31-47-9.1 of the general laws, the "Motor Vehicle Reparations Act" over

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and above that amount collected pursuant to those sections in fiscal year 2013.

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     (4) Beginning in fiscal year 2014 and continuing thereafter, that amount of motor vehicle

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insurance premiums tax collected pursuant to section 44-17-1 of the general laws, over and above

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that amount collected pursuant to that section in fiscal year 2013.

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     (5) Beginning in fiscal year 2014 and continuing thereafter, the amount of three million

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dollars ($3,000,000) from Rhode Island Capital Plan Fund.

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     (c) In the event that the state in any fiscal year shall fail to transfer the funding required

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by subsection (b) of this section, the Rhode Island bridge and turnpike authority shall be

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permitted to pursue the installation of tolling.

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     (d) Unexpended balances and any earnings thereon shall not revert to the general fund but

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shall remain in the bridge maintenance fund for the sole use by Rhode Island bridge and turnpike

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authority for bridge maintenance activities.

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     24-12-60. Maintenance cost basis. -- For purposes of determining the Rhode Island

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turnpike and bridge authority's cost of maintaining the state's bridges, the department shall

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consider the total projected costs of the authority over the period of fiscal year 2014 through

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fiscal year 2023 as redetermined from time to time by the authority.

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     SECTION 3. Section 31-47.1-11 of the General Laws in Chapter 31-47.1 entitled "Motor

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Vehicle Emissions Inspection Program" is hereby amended to read as follows:

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     31-47.1-11. Fees. -- (a) A fee of thirty-nine dollars ($39.00) sixty-five dollars ($65.00) is

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to be charged for each motor vehicle inspected. The amount of fees collected shall provide for the

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cost of the inspection, the costs of administering the motor vehicle emissions inspection program,

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the costs of administrating the bridge maintenance fund pursuant to chapter 24-12 and other costs

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provided by law. The fee must be paid for each motor vehicle inspected at an emissions

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inspection station at the time of the inspection and is payable whether a compliance certificate,

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waiver certificate, or no certificate is issued. There shall be no fee charged for one reinspection of

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a vehicle that failed an initial inspection when the reinspection is conducted at the AIRS that

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conducted the initial inspection.

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      (b) Of the thirty-nine dollars ($39.00) sixty-five dollars ($65.00) fee, nineteen dollars

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($19.00) twenty-two dollars ($22.00) shall be retained by the inspection station owner to cover

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the costs of performing the inspection. The remaining twenty dollars ($20.00) forty-three dollars

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($43.00) shall be remitted to the program manager. The program manager shall retain no more

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than four dollars ($4.00) of the fee and remit no less than sixteen dollars ($16.00) for deposit in

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the state general fund and not less than twenty-three dollars ($23.00) to the bridge maintenance

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fund created by subsection 24-12-59 (a) of the general laws. The general assembly shall annually

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appropriate such sums as may be required to cover the costs of administering the program by the

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division of motor vehicles and the department of environmental management.

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      (b)(c) The general assembly shall on or before June 30th of each calendar year review

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the costs and fees associated with the program with the goal of eliminating all fees being directed

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to the general fund and to eliminate all costs and fees not directly related and necessary to pay the

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costs of administering the motor vehicle emission inspection program as required under 40 CFR

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51.354(a).

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     (c) Effective fiscal year 2014, the fees collected herein shall be collected and distributed

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pursuant to section 24-12-59.

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     SECTION 4. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

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is hereby amended to read as follows:

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     35-4-27. Indirect cost recoveries on restricted receipt accounts. -- Indirect cost

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recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt

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accounts, to be recorded as general revenues in the general fund. However, there shall be no

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transfer from cash receipts with restrictions received exclusively: (1) from contributions from

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non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on

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federal grant funds; or (3) through transfers from state agencies to the department of

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administration for the payment of debt service. These indirect cost recoveries shall be applied to

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all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The

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following restricted receipt accounts shall not be subject to the provisions of this section:

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      Department of Human Services

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      Veterans' home -- Restricted account

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      Veterans' home -- Resident benefits

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      Organ transplant fund

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      Veteran's Cemetery Memorial Fund

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      Department of Health

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      Pandemic medications and equipment account

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      Department of Mental Health, Retardation and Hospitals

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      Eleanor Slater non-Medicaid third-party payor account

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      Hospital Medicare Part D Receipts

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      RICLAS Group Home Operations

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      Vigneron Memorial Fund Grant

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      Department of Environmental Management

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      National heritage revolving fund

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      Environmental response fund II

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      Underground storage tanks registration fees

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      Rhode Island Council on the Arts

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      Art for public facilities fund

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      Rhode Island Foundation Grant

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      Rhode Island Historical Preservation and Heritage Commission

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      Historic preservation revolving loan fund

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      Historic Preservation loan fund -- Interest revenue

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      Department of Public Safety

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      Forfeited property -- Retained

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      Forfeitures -- Federal

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      Forfeited property -- Gambling

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      Donation -- Polygraph and Law Enforcement Training

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      Rhode Island State Firefighter's League Training Account

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      Fire Academy Training Fees Account

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      Attorney General

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      Forfeiture of property

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      Federal forfeitures

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      Attorney General multi-state account

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      Department of Administration

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      Office of Management and Budget

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      Information Technology Investment Fund

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      Restore and replacement -- Insurance coverage

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      Convention Center Authority rental payments

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      Investment Receipts -- TANS

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      Car Rental Tax/Surcharge-Warwick Share

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      OPEB System Restricted Receipt Account

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      ARRA Administrative Expenses - Bureau of Audits

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      ARRA Administrative Expenses - Purchasing

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      Legislature

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      Audit of federal assisted programs

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      Department of Elderly Affairs

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      Pharmaceutical Rebates Account

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      Department of Children Youth and Families

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      Children's Trust Accounts -- SSI

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      Military Staff

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      RI Military Family Relief Fund

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      RI National Guard Counterdrug Program

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      Treasury

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      Admin. Expenses -- State Retirement System

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      Retirement -- Treasury Investment Options

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      Business Regulation

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      Banking Division Reimbursement Account

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      Office of the Health Insurance Commissioner Reimbursement Account

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      Securities Division Reimbursement Account

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      Commercial Licensing and Racing and Athletics Division Reimbursement Account

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      Insurance Division Reimbursement Account

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      Historic Preservation Tax Credit Account.

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      Judiciary

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      Arbitration Fund Restricted Receipt Account

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      Department of Elementary and Secondary Education

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      Statewide Student Transportation Services Account

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      School for the Deaf Fee for Service Account

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      Davies Career and Technical School Local Education Aid Account

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      Early Childhood Grant Program Account

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      Office of the Governor

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      ARRA Administrative Expenses -- Office of Economic Recovery and ReInvestment

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      Department of Labor and Training

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      Job Development Fund -- Title XII loans principal and interest

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     Department of Transportation Bridge Maintenance Fund

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     SECTION 5. Beginning in fiscal year 2015 and continuing thereafter, the general

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assembly shall annually appropriate the amount of two million dollars ($2,000,000) to the Rhode

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Island Public Transit Authority for use by the authority in implementing its approval strategic

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plan.

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     SECTION 6. This act shall take effect upon passage.

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LC02742

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

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     This act would provide various amendments restricting tolls on bridges and would

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establish a bridge maintenance fund to provide for said bridge maintenance.

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     This act would take effect upon passage.

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LC02742

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