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2017 -- H 5175 SUBSTITUTE A AS AMENDED | ||
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LC000840/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. 2017 | ||
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A N A C T | ||
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RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR | ||
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THE FISCAL YEAR ENDING JUNE 30, 2018 | ||
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Introduced By: Representative Marvin L. Abney | ||
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Date Introduced: January 19, 2017 | ||
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Referred To: House Finance | ||
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(Governor) | ||
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It is enacted by the General Assembly as follows: | ||
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1 |
ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018 | |
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2 |
ARTICLE 2 RELATING TO ECONOMIC DEVELOPMENT AND TAX CREDITS | |
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3 |
ARTICLE 3 RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP | |
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4 |
ARTICLE 4 RELATING TO MOTOR VEHICLES | |
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5 |
ARTICLE 5 RELATING TO GOVERNMENT REORGANIZATION | |
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6 |
ARTICLE 6 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS | |
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7 |
ARTICLE 7 RELATING TO STATE FUNDS | |
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8 |
ARTICLE 8 RELATING TO TAXES AND REVENUES | |
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9 |
ARTICLE 9 RELATING TO HEALTH AND HUMAN SERVICES | |
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10 |
ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT | |
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11 |
OF FY 2017 | |
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12 |
ARTICLE 11 RELATING TO TAXATION - EXCISE ON MOTOR VEHICLES AND | |
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13 |
TRAILERS | |
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14 |
ARTICLE 12 RELATING TO EDUCATION AID | |
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15 |
ARTICLE 13 RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND | |
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16 |
FINES | |
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17 |
ARTICLE 14 RELATING TO MINIMUM WAGES | |
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18 |
ARTICLE 15 RELATING TO EFFECTIVE DATE |
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art.001/4/001/3/001/2/001/1 | ||
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1 | ARTICLE 1 AS AMENDED | |
2 | RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018 | |
3 | SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in | |
4 | this act, the following general revenue amounts are hereby appropriated out of any money in the | |
5 | treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2018. | |
6 | The amounts identified for federal funds and restricted receipts shall be made available pursuant to | |
7 | section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes | |
8 | and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw | |
9 | his or her orders upon the general treasurer for the payment of such sums or such portions thereof | |
10 | as may be required from time to time upon receipt by him or her of properly authenticated vouchers. | |
11 | Administration | |
12 | Central Management | |
13 | General Revenues 3,048,657 | |
14 | Legal Services | |
15 | General Revenues 2,170,956 | |
16 | Accounts and Control | |
17 | General Revenues 4,130,796 | |
18 | Restricted Receipts – OPEB Board Administration 225,000 | |
19 | Total – Accounts and Control 4,355,796 | |
20 | Office of Management and Budget | |
21 | General Revenues 8,882,351 | |
22 | Restricted Receipts 300,000 | |
23 | Other Funds 1,719,494 | |
24 | Total – Office of Management and Budget 10,901,845 | |
25 | Purchasing | |
26 | General Revenues 2,630,843 | |
27 | Restricted Receipts 540,000 | |
28 | Other Funds 233,525 | |
29 | Total – Purchasing 3,404,368 | |
30 | Human Resources | |
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1 | General Revenues 8,057,188 | |
2 | Federal Funds 1,014,410 | |
3 | Restricted Receipts 610,995 | |
4 | Other Funds 1,591,954 | |
5 | Total – Human Resources 11,274,547 | |
6 | Personnel Appeal Board | |
7 | General Revenues 145,130 | |
8 | Information Technology | |
9 | General Revenues 22,146,644 | |
10 | Federal Funds 6,655,755 | |
11 | Restricted Receipts 10,777,319 | |
12 | Other Funds 2,699,001 | |
13 | Total – Information Technology 42,278,719 | |
14 | Library and Information Services | |
15 | General Revenues 1,479,475 | |
16 | Federal Funds 1,157,870 | |
17 | Restricted Receipts 5,500 | |
18 | Total – Library and Information Services 2,642,845 | |
19 | Planning | |
20 | General Revenues 1,271,483 | |
21 | Federal Funds 1,000 | |
22 | Other Funds | |
23 | Air Quality Modeling 24,000 | |
24 | Federal Highway – PL Systems Planning 3,172,497 | |
25 | FTA – Metro Planning Grant 1,033,131 | |
26 | Total – Planning 5,502,111 | |
27 | General | |
28 | General Revenues | |
29 | Miscellaneous Grants/Payments 100,000 | |
30 | Provided that this amount be allocated to City Year for the Whole School Whole Child | |
31 | Program, which provides individualized support to at-risk students. | |
32 | Torts– Courts/Awards 400,000 | |
33 | State Employees/Teachers Retiree Health Subsidy 2,321,057 | |
34 | Resource Sharing and State Library Aid 9,362,072 | |
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1 | Library Construction Aid 2,161,628 | |
2 | Restricted Receipts 700,000 | |
3 | Other Funds | |
4 | Rhode Island Capital Plan Funds | |
5 | Security Measures State Buildings 500,000 | |
6 | Energy Efficiency Improvements 1,000,000 | |
7 | Cranston Street Armory 850,000 | |
8 | Zambarano Building Rehabilitation 6,085,000 | |
9 | . Big River Management Area 100,000 | |
10 | Veterans Memorial Auditorium 205,000 | |
11 | RI Convention Center Authority 1,250,000 | |
12 | Dunkin Donuts Center 2,350,000 | |
13 | Virks Building Renovations 5,236,000 | |
14 | Accessibility – Facility Renovations 1,000,000 | |
15 | Cannon Building 700,000 | |
16 | Chapin Health Laboratory 3,550,000 | |
17 | Environmental Compliance 200,000 | |
18 | DoIT Operations Center 770,000 | |
19 | Old Colony House 100,000 | |
20 | Old State House 1,000,000 | |
21 | Pastore Center Buildings Demolition 175,000 | |
22 | Pastore Center Parking 1,300,000 | |
23 | Pastore Center Power Plant Rehab. 800,000 | |
24 | Pastore Center Rehab DOA Portion 3,900,000 | |
25 | Pastore Center Strategic Plan 600,000 | |
26 | Pastore Center Utilities Upgrade 2,000,000 | |
27 | Pastore Center Water Tanks & Pipes 280,000 | |
28 | Replacement of Fueling Tanks 450,000 | |
29 | Shepard Building 395,000 | |
30 | State House Energy Management Improvement 2,000,000 | |
31 | State House Renovations 1,250,000 | |
32 | State Office Building 700,000 | |
33 | Washington County Government Center 1,400,000 | |
34 | William Powers Administration Bldg. 1,000,000 | |
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1 | Total – General 56,190,757 | |
2 | Debt Service Payments | |
3 | General Revenues 138,403,065 | |
4 | Out of the general revenue appropriations for debt service, the General Treasurer is | |
5 | authorized to make payments for the I-195 Redevelopment District Commission loan up to the | |
6 | maximum debt service due in accordance with the loan agreement. | |
7 | Federal Funds 1,870,830 | |
8 | Other Funds | |
9 | Transportation Debt Service 40,958,106 | |
10 | Investment Receipts – Bond Funds 100,000 | |
11 | Total - Debt Service Payments 181,332,001 | |
12 | Energy Resources | |
13 | Federal Funds 723,171 | |
14 | Restricted Receipts 11,410,652 | |
15 | Total – Energy Resources 12,133,823 | |
16 | Rhode Island Health Benefits Exchange | |
17 | General Revenues 2,625,841 | |
18 | Federal Funds 135,136 | |
19 | Restricted Receipts 6,807,845 | |
20 | Total – Rhode Island Health Benefits Exchange 9,568,822 | |
21 | Construction Permitting, Approvals and Licensing | |
22 | General Revenues 1,790,975 | |
23 | Restricted Receipts 1,187,870 | |
24 | Total –Approvals and Licensing 2,978,845 | |
25 | Office of Diversity, Equity & Opportunity | |
26 | General Revenues 1,282,250 | |
27 | Other Funds 86,623 | |
28 | Total – Office of Diversity, Equity & Opportunity 1,368,873 | |
29 | Capital Asset Management and Maintenance | |
30 | General Revenues 33,868,627 | |
31 | Federal Funds 1,603,917 | |
32 | Restricted Receipts 660,725 | |
33 | Other Funds 3,874,844 | |
34 | Total – Capital Asset Management and Maintenance 40,008,113 | |
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1 | Undistributed Savings | |
2 | General Revenues (30,080,124) | |
3 | Grand Total – Administration 359,226,084 | |
4 | Business Regulation | |
5 | Central Management | |
6 | General Revenues 1,296,420 | |
7 | Banking Regulation | |
8 | General Revenues 1,743,062 | |
9 | Restricted Receipts 50,000 | |
10 | Total – Banking Regulation 1,793,062 | |
11 | Securities Regulation | |
12 | General Revenues 974,364 | |
13 | Restricted Receipts 15,000 | |
14 | Total – Securities Regulation 989,364 | |
15 | Insurance Regulation | |
16 | General Revenues 3,925,436 | |
17 | Restricted Receipts 1,826,495 | |
18 | Total – Insurance Regulation 5,751,931 | |
19 | Office of the Health Insurance Commissioner | |
20 | General Revenues 1,614,318 | |
21 | Federal Funds 892,213 | |
22 | Restricted Receipts 228,768 | |
23 | Total – Office of the Health Insurance Commissioner 2,735,299 | |
24 | Board of Accountancy | |
25 | General Revenues 6,000 | |
26 | Commercial Licensing, Racing & Athletics | |
27 | General Revenues 893,038 | |
28 | Restricted Receipts 1,778,614 | |
29 | Total – Commercial Licensing, Racing & Athletics 2,671,652 | |
30 | Boards for Design Professionals | |
31 | General Revenues 362,455 | |
32 | Grand Total – Business Regulation 15,606,183 | |
33 | Executive Office of Commerce | |
34 | Central Management | |
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1 | General Revenues 1,138,714 | |
2 | Housing and Community Development | |
3 | General Revenues 642,391 | |
4 | Federal Funds 17,890,642 | |
5 | Restricted Receipts 4,749,911 | |
6 | Total – Housing and Community Development 23,282,944 | |
7 | Quasi–Public Appropriations | |
8 | General Revenues | |
9 | Rhode Island Commerce Corporation 7,474,514 | |
10 | Airport Impact Aid 1,025,000 | |
11 | Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be | |
12 | distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the | |
13 | total passengers served by all airports serving more than 1,000,000 passengers. Forty percent | |
14 | (40%) of the first $1,000,000 shall be distributed based on the share of landings during the calendar | |
15 | year 2017 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset | |
16 | Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce | |
17 | Corporation shall make an impact payment to the towns or cities in which the airport is located | |
18 | based on this calculation. Each community upon which any parts of the above airports are located | |
19 | shall receive at least $25,000. | |
20 | STAC Research Alliance 1,150,000 | |
21 | Innovative Matching Grants/Internships 1,000,000 | |
22 | I-195 Redevelopment District Commission 761,000 | |
23 | Chafee Center at Bryant 376,200 | |
24 | Urban Ventures 140,000 | |
25 | Polaris Manufacturing Grant 250,000 | |
26 | Other Funds | |
27 | Rhode Island Capital Plan Funds | |
28 | I-195 Commission 300,000 | |
29 | Quonset Piers 2,600,000 | |
30 | Total – Quasi–Public Appropriations 15,076,714 | |
31 | Economic Development Initiatives Fund | |
32 | General Revenues | |
33 | Innovation Initiative 1,000,000 | |
34 | I-195 Redevelopment Fund 2,000,000 | |
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1 | Main Street RI Streetscape Improvements 500,000 | |
2 | Rebuild RI Tax Credit Fund 12,500,000 | |
3 | First Wave Closing Fund 1,800,000 | |
4 | Total – Economic Development Initiatives Fund 17,800,000 | |
5 | Commerce Programs | |
6 | General Revenues | |
7 | Wavemaker Fellowship 800,000 | |
8 | Air Service Development 500,000 | |
9 | Total – Commerce Programs 1,300,000 | |
10 | Grand Total – Executive Office of Commerce 58,598,372 | |
11 | Labor and Training | |
12 | Central Management | |
13 | General Revenues 134,315 | |
14 | Restricted Receipts 687,604 | |
15 | Other Funds | |
16 | Rhode Island Capital Plan Funds | |
17 | Center General Asset Protection 1,630,000 | |
18 | Total – Central Management 2,451,919 | |
19 | Workforce Development Services | |
20 | General Revenues 704,517 | |
21 | Federal Funds 22,792,153 | |
22 | Restricted Receipts 12,434,856 | |
23 | Other Funds 101,601 | |
24 | Total – Workforce Development Services 36,033,127 | |
25 | Workforce Regulation and Safety | |
26 | General Revenues 2,811,148 | |
27 | Income Support | |
28 | General Revenues 4,046,748 | |
29 | Federal Funds 14,138,705 | |
30 | Restricted Receipts 2,500,020 | |
31 | Other Funds | |
32 | Temporary Disability Insurance Fund 197,566,522 | |
33 | Employment Security Fund 161,220,000 | |
34 | Other Funds 40,418 | |
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1 | Total – Income Support 379,512,413 | |
2 | Injured Workers Services | |
3 | Restricted Receipts 8,701,434 | |
4 | Labor Relations Board | |
5 | General Revenues 397,335 | |
6 | Grand Total – Labor and Training 429,907,376 | |
7 | Revenue | |
8 | Director of Revenue | |
9 | General Revenues 1,244,266 | |
10 | Office of Revenue Analysis | |
11 | General Revenues 788,009 | |
12 | Lottery Division | |
13 | Other Funds 375,039,436 | |
14 | Municipal Finance | |
15 | General Revenues 3,111,025 | |
16 | Taxation | |
17 | General Revenues 22,775,987 | |
18 | Federal Funds 1,361,360 | |
19 | Restricted Receipts 945,239 | |
20 | Other Funds | |
21 | Motor Fuel Tax Evasion 176,148 | |
22 | Temporary Disability Insurance Fund 1,004,487 | |
23 | Total – Taxation 26,263,221 | |
24 | Registry of Motor Vehicles | |
25 | General Revenues 21,175,553 | |
26 | Federal Funds 206,140 | |
27 | Restricted Receipts 2,094,763 | |
28 | Total – Registry of Motor Vehicles 23,476,456 | |
29 | State Aid | |
30 | General Revenues | |
31 | Distressed Communities Relief Fund 12,384,458 | |
32 | Payment in Lieu of Tax Exempt Properties 45,205,606 | |
33 | Motor Vehicle Excise Tax Payments 36,000,000 | |
34 | Property Revaluation Program 937,228 | |
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1 | Restricted Receipts 922,013 | |
2 | Total – State Aid 95,449,305 | |
3 | Grand Total – Revenue 525,371,718 | |
4 | Legislature | |
5 | General Revenues 40,522,507 | |
6 | Restricted Receipts 1,729,957 | |
7 | Grand Total – Legislature 42,252,464 | |
8 | Lieutenant Governor | |
9 | General Revenues 1,084,217 | |
10 | Secretary of State | |
11 | Administration | |
12 | General Revenues 3,382,625 | |
13 | Corporations | |
14 | General Revenues 2,224,127 | |
15 | State Archives | |
16 | General Revenues 87,150 | |
17 | Restricted Receipts 414,478 | |
18 | Total – State Archives 501,628 | |
19 | Elections and Civics | |
20 | General Revenues 1,906,470 | |
21 | State Library | |
22 | General Revenues 723,385 | |
23 | Provided that $125,000 be allocated to support the Rhode Island Historical Society | |
24 | pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the | |
25 | Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2. | |
26 | Office of Public Information | |
27 | General Revenues 587,562 | |
28 | Receipted Receipts 25,000 | |
29 | Total – Office of Public Information 612,562 | |
30 | Grand Total – Secretary of State 9,350,797 | |
31 | General Treasurer | |
32 | Treasury | |
33 | General Revenues 2,456,017 | |
34 | Federal Funds 290,987 | |
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1 | Other Funds | |
2 | Temporary Disability Insurance Fund 226,879 | |
3 | Tuition Savings Program – Administration 323,363 | |
4 | Total – General Treasurer 3,297,246 | |
5 | State Retirement System | |
6 | Restricted Receipts | |
7 | Admin Expenses – State Retirement System 9,244,408 | |
8 | Retirement – Treasury Investment Operations 1,545,880 | |
9 | Defined Contribution – Administration 178,238 | |
10 | Total – State Retirement System 10,968,526 | |
11 | Unclaimed Property | |
12 | Restricted Receipts 26,324,334 | |
13 | Crime Victim Compensation Program | |
14 | General Revenues 242,675 | |
15 | Federal Funds 799,350 | |
16 | Restricted Receipts 1,132,319 | |
17 | Total – Crime Victim Compensation Program 2,174,344 | |
18 | Grand Total – General Treasurer 42,764,450 | |
19 | Board of Elections | |
20 | General Revenues 1,548,735 | |
21 | Rhode Island Ethics Commission | |
22 | General Revenues 1,665,873 | |
23 | Office of Governor | |
24 | General Revenues | |
25 | General Revenues 5,147,554 | |
26 | Contingency Fund 250,000 | |
27 | Grand Total – Office of the Governor 5,397,554 | |
28 | Commission for Human Rights | |
29 | General Revenues 1,258,074 | |
30 | Federal Funds 432,028 | |
31 | Grand Total – Commission for Human Rights 1,690,102 | |
32 | Public Utilities Commission | |
33 | Federal Funds 129,225 | |
34 | Restricted Receipts 9,007,118 | |
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1 | Grand Total – Public Utilities Commission 9,136,343 | |
2 | Office of Health and Human Services | |
3 | Central Management | |
4 | General Revenues 26,992,150 | |
5 | Federal Funds 97,940,878 | |
6 | Restricted Receipts 7,942,269 | |
7 | Total – Central Management 132,875,297 | |
8 | Medical Assistance | |
9 | General Revenues | |
10 | Managed Care 305,669,199 | |
11 | Hospitals 97,204,474 | |
12 | Nursing Facilities 87,025,458 | |
13 | Home and Community Based Services 29,133,178 | |
14 | Of this amount, $250,000 will be for home modification and accessibility enhancements to | |
15 | construct, retrofit and/or renovate residences to allow individuals to remain community settings. | |
16 | This will be in consultation with the Governor’s Commission on Disabilities. | |
17 | Other Services 66,474,753 | |
18 | Pharmacy 63,129,216 | |
19 | Rhody Health 288,671,528 | |
20 | Federal Funds | |
21 | Managed Care 384,843,395 | |
22 | Hospitals 100,778,630 | |
23 | Nursing Facilities 91,818,475 | |
24 | Home and Community Based Services 30,737,717 | |
25 | Other Services 507,836,076 | |
26 | Pharmacy (1,060,683) | |
27 | Rhody Health 302,930,915 | |
28 | Other Programs 42,500,000 | |
29 | Restricted Receipts 11,274,268 | |
30 | Total – Medical Assistance 2,408,966,599 | |
31 | Grand Total – Office of Health and Human Services 2,541,841,896 | |
32 | Children, Youth, and Families | |
33 | Central Management | |
34 | General Revenues 7,157,480 | |
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1 | Federal Funds 2,831,574 | |
2 | Total – Central Management 9,989,054 | |
3 | Children's Behavioral Health Services | |
4 | General Revenues 5,099,171 | |
5 | Federal Funds 5,447,794 | |
6 | Other Funds | |
7 | Rhode Island Capital Plan Funds | |
8 | Training School Repairs/Improvements 550,000 | |
9 | Total – Children's Behavioral Health Services 11,096,965 | |
10 | Juvenile Correctional Services | |
11 | General Revenues 22,824,456 | |
12 | Federal Funds 280,282 | |
13 | Other Funds | |
14 | Rhode Island Capital Plan Funds | |
15 | Generators – Rhode Island Training School 500,000 | |
16 | Total – Juvenile Correctional Services 23,604,738 | |
17 | Child Welfare | |
18 | General Revenues | |
19 | General Revenues 96,928,649 | |
20 | 18 to 21 Year Olds 13,646,106 | |
21 | Federal Funds | |
22 | Federal Funds 43,160,424 | |
23 | 18 to 21 Year Olds 7,295,085 | |
24 | Restricted Receipts 3,128,707 | |
25 | Total – Child Welfare 164,158,971 | |
26 | Higher Education Incentive Grants | |
27 | General Revenues 200,000 | |
28 | Grand Total – Children, Youth, and Families 209,049,728 | |
29 | Health | |
30 | Central Management | |
31 | General Revenues 789,523 | |
32 | Federal Funds 3,646,373 | |
33 | Restricted Receipts 4,976,359 | |
34 | Total – Central Management 9,412,255 | |
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1 | Community Health and Equity | |
2 | General Revenues 691,032 | |
3 | Federal Funds 71,790,291 | |
4 | Restricted Receipts 32,202,603 | |
5 | Total – Community Health and Equity 104,683,926 | |
6 | Environmental Health | |
7 | General Revenues 5,100,209 | |
8 | Federal Funds 7,325,459 | |
9 | Restricted Receipts 239,613 | |
10 | Total – Environmental Health 12,665,281 | |
11 | Health Laboratories and Medical Examiner | |
12 | General Revenues 9,531,063 | |
13 | Federal Funds 2,034,544 | |
14 | Total – Health Laboratories and Medical Examiner 11,565,607 | |
15 | Customer Services | |
16 | General Revenues 6,324,375 | |
17 | Federal Funds 4,193,231 | |
18 | Restricted Receipts 1,087,647 | |
19 | Total – Customer Services 11,605,253 | |
20 | Policy, Information and Communications | |
21 | General Revenues 837,790 | |
22 | Federal Funds 2,354,457 | |
23 | Restricted Receipts 872,764 | |
24 | Total – Policy, Information and Communications 4,065,011 | |
25 | Preparedness, Response, Infectious Disease & Emergency Services | |
26 | General Revenues 1,619,131 | |
27 | Federal Funds 14,028,957 | |
28 | Total – Preparedness, Response, Infectious Disease & | |
29 | Emergency Services 15,648,088 | |
30 | Grand Total - Health 169,645,421 | |
31 | Human Services | |
32 | Central Management | |
33 | General Revenues 3,410,108 | |
34 | Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide | |
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1 | direct services through the Coalition Against Domestic Violence, $250,000 is to support Project | |
2 | Reach activities provided by the RI Alliance of Boys and Girls Club, $217,000 is for outreach and | |
3 | supportive services through Day One, $175,000 is for food collection and distribution through the | |
4 | Rhode Island Community Food Bank, $300,000 for services provided to the homeless at Crossroad | |
5 | Rhode Island, and $520,000 for the Community Action Fund and $200,000 for the Institute for the | |
6 | Study and Practice of Nonviolence’s Reduction Strategy. | |
7 | Federal Funds 3,973,906 | |
8 | Restricted Receipts 507,991 | |
9 | Total – Central Management 7,892,005 | |
10 | Child Support Enforcement | |
11 | General Revenues 3,081,319 | |
12 | Federal Funds 7,868,794 | |
13 | Total – Child Support Enforcement 10,950,113 | |
14 | Individual and Family Support | |
15 | General Revenues 20,663,169 | |
16 | Federal Funds 99,042,651 | |
17 | Restricted Receipts 386,650 | |
18 | Other Funds | |
19 | Intermodal Surface Transportation Fund 4,428,478 | |
20 | Rhode Island Capital Plan Funds | |
21 | Blind Vending Facilities 165,000 | |
22 | Total – Individual and Family Support 124,685,948 | |
23 | Office of Veterans' Affairs | |
24 | General Revenues 20,601,826 | |
25 | Of this amount $200,000 to provide support services through Veteran’s organization. | |
26 | Federal Funds 19,211,211 | |
27 | Restricted Receipts 2,241,167 | |
28 | Total – Office Veterans' Affairs 42,054,204 | |
29 | Health Care Eligibility | |
30 | General Revenues 6,045,119 | |
31 | Federal Funds 8,001,670 | |
32 | Total – Health Care Eligibility 14,046,789 | |
33 | Supplemental Security Income Program | |
34 | General Revenues 18,548,119 | |
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1 | Rhode Island Works | |
2 | General Revenues 10,612,819 | |
3 | Federal Funds 82,662,141 | |
4 | Total – Rhode Island Works 93,274,960 | |
5 | Other Programs | |
6 | General Revenues 1,558,951 | |
7 | Of this appropriation, $180,000 shall be used for hardship contingency payments. | |
8 | Federal Funds 282,060,431 | |
9 | Total – Other Programs 283,619,382 | |
10 | Elderly Affairs | |
11 | General Revenues | |
12 | General Revenues 6,592,188 | |
13 | Of this amount, $140,000 to provide elder services, including respite, through the Diocese | |
14 | of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term Care in | |
15 | accordance with Rhode Island General Law, Chapter 42-66.7, $85,000 for security for housing for | |
16 | the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $400,000 for Senior | |
17 | Services Support and $580,000 for elderly nutrition, of which $530,000 is for Meals on Wheels. | |
18 | Federal Funds 12,763,393 | |
19 | Restricted Receipts 134,428 | |
20 | RIPAE 120,693 | |
21 | Total – Elderly Affairs 19,610,702 | |
22 | Grand Total – Human Services 614,682,222 | |
23 | Behavioral Healthcare, Developmental Disabilities, and Hospitals | |
24 | Central Management | |
25 | General Revenues 1,655,306 | |
26 | Hospital and Community System Support | |
27 | General Revenues 2,067,954 | |
28 | Other Funds | |
29 | Rhode Island Capital Plan Funds | |
30 | Medical Center Rehabilitation 250,000 | |
31 | Community Facilities Fire Code 400,000 | |
32 | Total – Hospital and Community System Support 2,717,954 | |
33 | Services for the Developmentally Disabled | |
34 | General Revenues 123,584,106 | |
|
| |
1 | Of this general revenue funding, $3.0 million shall be expended on private provider direct | |
2 | support staff raises and associated payroll costs as authorized by the Department of Behavioral | |
3 | Healthcare, Developmental Disabilities and Hospitals. Any increases for direct support staff in | |
4 | residential or other community based settings must first receive the approval of the Office of | |
5 | Management and Budget and the Executive Office of Health and Human Services. | |
6 | Federal Funds 130,151,094 | |
7 | Restricted Receipts 1,872,560 | |
8 | Other Funds | |
9 | Rhode Island Capital Plan Funds | |
10 | DD Private Waiver 100,000 | |
11 | Regional Center Repair/Rehabilitation 300,000 | |
12 | MR Community Facilities/Access to Independence 500,000 | |
13 | Total – Services for the Developmentally Disabled 256,507,760 | |
14 | Behavioral Healthcare Services | |
15 | General Revenues 2,543,780 | |
16 | Federal Funds 24,368,659 | |
17 | Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse | |
18 | Task Forces, $250,000 for the Oasis Wellness and Recovery Center and $128,000 shall be | |
19 | expended on NAMI of RI. | |
20 | Restricted Receipts 100,000 | |
21 | Other Funds | |
22 | Rhode Island Capital Plan Funds | |
23 | MH Community Facilities Repair 200,000 | |
24 | MH Housing Development Thresholds 800,000 | |
25 | Substance Abuse Asset Protection 150,000 | |
26 | Total – Behavioral Healthcare Services 28,162,439 | |
27 | Hospital and Community Rehabilitative Services | |
28 | General Revenues 46,597,476 | |
29 | Federal Funds 49,747,706 | |
30 | Restricted Receipts 6,536,595 | |
31 | Other Funds | |
32 | Rhode Island Capital Plan Funds | |
33 | Zambarano Buildings and Utilities 280,000 | |
34 | Hospital Consolidation 3,310,000 | |
|
| |
1 | Eleanor Slater HVAC/Elevators 250,000 | |
2 | MR Community Facilities 1,025,000 | |
3 | Hospital Equipment 300,000 | |
4 | Total - Hospital and Community Rehabilitative Services 108,046,777 | |
5 | Grand Total – Behavioral Healthcare, Developmental | |
6 | Disabilities, and Hospitals 397,090,236 | |
7 | Office of the Child Advocate | |
8 | General Revenues 781,499 | |
9 | Federal Funds 144,621 | |
10 | Grand Total – Office of the Child Advocate 926,120 | |
11 | Commission on the Deaf and Hard of Hearing | |
12 | General Revenues 498,710 | |
13 | Restricted Receipts 129,200 | |
14 | Grand Total – Comm. On Deaf and Hard of Hearing 627,910 | |
15 | Governor’s Commission on Disabilities | |
16 | General Revenues 454,938 | |
17 | Federal Funds 343,542 | |
18 | Restricted Receipts 43,710 | |
19 | Total – Governor’s Commission on Disabilities 842,190 | |
20 | Office of the Mental Health Advocate | |
21 | General Revenues 549,563 | |
22 | Elementary and Secondary Education | |
23 | Administration of the Comprehensive Education Strategy | |
24 | General Revenues 20,106,907 | |
25 | Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s | |
26 | Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $245,000 be allocated to | |
27 | support child opportunity zones through agreements with the Department of Elementary and | |
28 | Secondary Education to strengthen education, health and social services for students and their | |
29 | families as a strategy to accelerate student achievement. | |
30 | Federal Funds 201,868,995 | |
31 | Restricted Receipts | |
32 | Restricted Receipts 2,241,390 | |
33 | HRIC Adult Education Grants 3,500,000 | |
34 | Total – Admin. of the Comprehensive Ed. Strategy 227,717,292 | |
|
| |
1 | Davies Career and Technical School | |
2 | General Revenues 13,358,058 | |
3 | Federal Funds 1,376,685 | |
4 | Restricted Receipts 3,716,922 | |
5 | Other Funds | |
6 | Rhode Island Capital Plan Funds | |
7 | Davies HVAC 1,000,000 | |
8 | Davies Asset Protection 150,000 | |
9 | Davies Advanced Manufacturing 3,650,000 | |
10 | Total – Davies Career and Technical School 23,251,665 | |
11 | RI School for the Deaf | |
12 | General Revenues 6,269,979 | |
13 | Federal Funds 254,320 | |
14 | Restricted Receipts 777,791 | |
15 | Other Funds | |
16 | School for the Deaf – Transformation Grants 59,000 | |
17 | Total – RI School for the Deaf 7,361,090 | |
18 | Metropolitan Career and Technical School | |
19 | General Revenues 9,342,007 | |
20 | Other Funds | |
21 | Rhode Island Capital Plan Funds | |
22 | MET Asset Protection 250,000 | |
23 | MET School HVAC 2,173,000 | |
24 | Total – Metropolitan Career and Technical School 11,765,007 | |
25 | Education Aid | |
26 | General Revenues 890,282,092 | |
27 | Restricted Receipts 20,184,044 | |
28 | Other Funds | |
29 | Permanent School Fund 300,000 | |
30 | Total – Education Aid 910,766,136 | |
31 | Central Falls School District | |
32 | General Revenues 39,878,367 | |
33 | School Construction Aid | |
34 | General Revenues | |
|
| |
1 | School Housing Aid 70,907,110 | |
2 | School Building Authority Fund 9,092,890 | |
3 | Total – School Construction Aid 80,000,000 | |
4 | Teachers' Retirement | |
5 | General Revenues 101,833,986 | |
6 | Grand Total – Elementary and Secondary Education 1,402,573,543 | |
7 | Public Higher Education | |
8 | Office of the Postsecondary Commissioner | |
9 | General Revenues 14,578,459 | |
10 | Provided that $355,000 shall be allocated the Rhode Island College Crusade pursuant to | |
11 | the Rhode Island General Law, Section 16-70-5 and that $30,000 shall be allocated to Best Buddies | |
12 | Rhode Island to support its programs for children with developmental and intellectual disabilities. | |
13 | It is also provided that $2,750,000 shall be allocated to the Rhode Island Promise Scholarship | |
14 | program. | |
15 | Federal Funds | |
16 | Federal Funds 3,707,287 | |
17 | Guaranty Agency Administration 5,576,382 | |
18 | WaytogoRI Portal 650,000 | |
19 | Guaranty Agency Operating Fund-Scholarships & Grants 4,000,000 | |
20 | Restricted Receipts 1,490,341 | |
21 | Other Funds | |
22 | Tuition Savings Program – Dual Enrollment 1,300,000 | |
23 | Tuition Savings Program – Scholarships and Grants 6,095,000 | |
24 | Nursing Education Center – Operating 5,052,544 | |
25 | Total – Office of the Postsecondary Commissioner 42,450,013 | |
26 | University of Rhode Island | |
27 | General Revenues | |
28 | General Revenues 77,371,073 | |
29 | Provided that in order to leverage federal funding and support economic development, | |
30 | $350,000 shall be allocated to the Small Business Development Center and that $50,000 shall be | |
31 | allocated to Special Olympics Rhode Island to support its mission of providing athletic | |
32 | opportunities for individuals with intellectual and developmental disabilities. | |
33 | The University shall not decrease internal student financial aid in the 2017 - 2018 | |
34 | academic year below the level of the 2016 - 2017 academic year. The President of the institution | |
|
| |
1 | shall report, prior to the commencement of the 2017 - 2018 academic year, to the chair of the | |
2 | Council of Postsecondary Education that such tuition charges and student aid levels have been | |
3 | achieved at the start of the FY 2018 as prescribed above. | |
4 | Debt Service 22,657,568 | |
5 | RI State Forensics Laboratory 1,201,087 | |
6 | Other Funds | |
7 | University and College Funds 645,715,072 | |
8 | Debt – Dining Services 1,007,421 | |
9 | Debt – Education and General 3,491,909 | |
10 | Debt – Health Services 136,271 | |
11 | Debt – Housing Loan Funds 9,984,968 | |
12 | Debt – Memorial Union 320,961 | |
13 | Debt – Ryan Center 2,423,089 | |
14 | Debt – Alton Jones Services 102,964 | |
15 | Debt – Parking Authority 1,126,190 | |
16 | Debt – Sponsored Research 84,913 | |
17 | Debt – Restricted Energy Conservation 810,170 | |
18 | Debt – URI Energy Conservation 1,831,837 | |
19 | Rhode Island Capital Plan Funds | |
20 | Asset Protection 8,030,000 | |
21 | Fine Arts Center Advanced Planning 1,000,000 | |
22 | Total – University of Rhode Island 777,295,493 | |
23 | Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or | |
24 | unemcumbered balances as of June 30, 2018 relating to the University of Rhode Island are hereby | |
25 | reappropriated to fiscal year 2019. | |
26 | Rhode Island College | |
27 | General Revenues 48,188,791 | |
28 | Debt Service 4,867,060 | |
29 | Rhode Island College shall not decrease internal student financial aid in the 2017 - 2018 | |
30 | academic year below the level of the 2016 - 2017 academic year. The President of the institution | |
31 | shall report, prior to the commencement of the 2017 - 2018 academic year, to the chair of the | |
32 | Council of Postsecondary Education that such tuition charges and student aid levels have been | |
33 | achieved at the start of the FY 2018 as prescribed above. | |
34 | Other Funds | |
|
| |
1 | University and College Funds 127,503,637 | |
2 | Debt – Education and General 1,473,919 | |
3 | Debt – Housing 368,262 | |
4 | Debt – Student Center and Dining 154,095 | |
5 | Debt – Student Union 235,556 | |
6 | Debt – G.O. Debt Service 1,640,974 | |
7 | Debt Energy Conservation 592,875 | |
8 | Rhode Island Capital Plan Funds | |
9 | Asset Protection 3,458,431 | |
10 | Infrastructure Modernization 4,500,000 | |
11 | Academic Building Phase I 6,100,000 | |
12 | Total – Rhode Island College 199,083,600 | |
13 | Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or | |
14 | unemcumbered balances as of June 30, 2018 relating to Rhode Island College are hereby | |
15 | reappropriated to fiscal year 2019. | |
16 | Community College of Rhode Island | |
17 | General Revenues | |
18 | General Revenues 49,935,710 | |
19 | The Community College of Rhode Island shall not decrease internal student financial | |
20 | aid in the 2017 - 2018 academic year below the level of the 2016 - 2017 academic year. The | |
21 | President of the institution shall report, prior to the commencement of the 2017 - 2018 academic | |
22 | year, to the chair of the Council of Postsecondary Education that such tuition charges and student | |
23 | aid levels have been achieved at the start of the FY 2018 as prescribed above. | |
24 | Debt Service 2,082,845 | |
25 | Restricted Receipts 683,649 | |
26 | Other Funds | |
27 | University and College Funds 99,588,610 | |
28 | CCRI Debt Service – Energy Conservation 805,025 | |
29 | Rhode Island Capital Plan Funds | |
30 | Asset Protection 2,799,063 | |
31 | Knight Campus Lab Renovation 375,000 | |
32 | Knight Campus Renewal 5,000,000 | |
33 | Total – Community College of RI 161,269,902 | |
34 | Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or | |
|
| |
1 | unemcumbered balances as of June 30, 2018 relating to the Community College of Rhode Island | |
2 | are hereby reappropriated to fiscal year 2019. | |
3 | Grand Total – Public Higher Education 1,180,099,008 | |
4 | RI State Council on the Arts | |
5 | General Revenues | |
6 | Operating Support 780,056 | |
7 | Grants 1,165,000 | |
8 | Provided that $375,000 be provided to support the operational costs of WaterFire | |
9 | Providence art installations. | |
10 | Federal Funds 781,454 | |
11 | Other Funds | |
12 | Art for Public Facilities 345,800 | |
13 | Grand Total – RI State Council on the Arts 3,072,310 | |
14 | RI Atomic Energy Commission | |
15 | General Revenues 982,157 | |
16 | Other Funds | |
17 | URI Sponsored Research 272,216 | |
18 | Rhode Island Capital Plan Funds | |
19 | RINSC Asset Protection 50,000 | |
20 | Grand Total – RI Atomic Energy Commission 1,304,373 | |
21 | RI Historical Preservation and Heritage Commission | |
22 | General Revenues 1,121,134 | |
23 | Provided that $30,000 support the operational costs of the Fort Adam Trust’s restoration | |
24 | activities. | |
25 | Federal Funds 860,963 | |
26 | Restricted Receipts 427,700 | |
27 | Other Funds | |
28 | RIDOT Project Review 80,970 | |
29 | Grand Total – RI Historical Preservation and Heritage Comm. 2,490,767 | |
30 | Attorney General | |
31 | Criminal | |
32 | General Revenues 16,070,177 | |
33 | Federal Funds 16,988,288 | |
34 | Restricted Receipts 164,599 | |
|
| |
1 | Total – Criminal 33,223,064 | |
2 | Civil | |
3 | General Revenues 5,251,678 | |
4 | Restricted Receipts 631,559 | |
5 | Total – Civil 5,883,237 | |
6 | Bureau of Criminal Identification | |
7 | General Revenues 1,670,102 | |
8 | General | |
9 | General Revenues 3,202,794 | |
10 | Other Funds | |
11 | Rhode Island Capital Plan Funds | |
12 | Building Renovations and Repairs 150,000 | |
13 | Total – General 3,352,794 | |
14 | Grand Total – Attorney General 44,129,197 | |
15 | Corrections | |
16 | Central Management | |
17 | General Revenues 9,994,732 | |
18 | Federal Funds 3,743 | |
19 | Total – Central Management 9,998,475 | |
20 | Parole Board | |
21 | General Revenues 1,420,791 | |
22 | Federal Funds 120,827 | |
23 | Total – Parole Board 1,541,618 | |
24 | Custody and Security | |
25 | General Revenues 137,893,460 | |
26 | Federal Funds 785,392 | |
27 | Total – Custody and Security 138,678,852 | |
28 | Institutional Support | |
29 | General Revenues 14,915,103 | |
30 | Other Funds | |
31 | Rhode Island Capital Plan Funds | |
32 | Asset Protection 3,922,042 | |
33 | Maximum – General Renovations 1,300,000 | |
34 | Dix Building Renovations 1,075,000 | |
|
| |
1 | New Gloria McDonald Buiding 150,000 | |
2 | ISC Exterior Envelope and HVAC 2,027,455 | |
3 | Medium Infrastructure 7,283,688 | |
4 | Total – Institutional Support 30,673,288 | |
5 | Institutional Based Rehab./Population Management | |
6 | General Revenues 11,694,520 | |
7 | Federal Funds 584,942 | |
8 | Restricted Receipts 44,473 | |
9 | Total – Institutional Based Rehab/Population Mgt. 12,323,935 | |
10 | Healthcare Services | |
11 | General Revenues 23,800,253 | |
12 | Community Corrections | |
13 | General Revenues 18,581,969 | |
14 | Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender | |
15 | discharge planning. | |
16 | Federal Funds 86,980 | |
17 | Restricted Receipts 14,895 | |
18 | Total – Community Corrections 18,683,844 | |
19 | Grand Total – Corrections 235,700,265 | |
20 | Judiciary | |
21 | Supreme Court | |
22 | General Revenues | |
23 | General Revenues 28,306,302 | |
24 | Provided, however; that no more than $1,183,205 in combined total shall be offset to the | |
25 | Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the | |
26 | Department of Children, Youth, and Families, and the Department of Public Safety for square- | |
27 | footage occupancy costs in public courthouses and further provided that $230,000 be allocated to | |
28 | the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy | |
29 | project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to | |
30 | Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals. | |
31 | Defense of Indigents 3,803,166 | |
32 | Federal Funds 121,481 | |
33 | Restricted Receipts 3,980,969 | |
34 | Other Funds | |
|
| |
1 | Rhode Island Capital Plan Funds | |
2 | Judicial Complexes - HVAC 900,000 | |
3 | Judicial Complexes Asset Protection 950,000 | |
4 | Licht Judicial Complex Restoration 750,000 | |
5 | Licht Window/Exterior Restoration 500,000 | |
6 | Noel Shelled Courtroom Build Out 4,000,000 | |
7 | Total - Supreme Court 43,311,918 | |
8 | Judicial Tenure and Discipline | |
9 | General Revenues 146,008 | |
10 | Superior Court | |
11 | General Revenues 23,379,864 | |
12 | Federal Funds 91,739 | |
13 | Restricted Receipts 370,781 | |
14 | Total – Superior Court 23,842,384 | |
15 | Family Court | |
16 | General Revenues 20,695,682 | |
17 | Federal Funds 2,908,095 | |
18 | Total – Family Court 23,603,777 | |
19 | District Court | |
20 | General Revenues 13,165,035 | |
21 | Federal Funds 289,829 | |
22 | Restricted Receipts 60,000 | |
23 | Total - District Court 13,514,864 | |
24 | Traffic Tribunal | |
25 | General Revenues 9,468,420 | |
26 | Workers' Compensation Court | |
27 | Restricted Receipts 8,118,883 | |
28 | Grand Total – Judiciary 122,006,254 | |
29 | Military Staff | |
30 | General Revenues 2,634,057 | |
31 | Federal Funds 27,746,960 | |
32 | Restricted Receipts | |
33 | RI Military Family Relief Fund 100,000 | |
34 | Other Funds | |
|
| |
1 | Rhode Island Capital Plan Funds | |
2 | Armory of Mounted Command Roof Replacement 949,775 | |
3 | Asset Protection 700,000 | |
4 | Burrillville Regional Training Institute 22,150 | |
5 | Bristol Readiness Center 125,000 | |
6 | Joint Force Headquarters Building 5,900,000 | |
7 | Grand Total – Military Staff 38,177,942 | |
8 | Public Safety | |
9 | Central Management | |
10 | General Revenues 1,015,489 | |
11 | Federal Funds 10,918,463 | |
12 | Total – Central Management 11,933,952 | |
13 | E-911 Emergency Telephone System | |
14 | General Revenues 5,894,522 | |
15 | State Fire Marshal | |
16 | General Revenues 3,669,361 | |
17 | Federal Funds 277,167 | |
18 | Restricted Receipts 212,166 | |
19 | Other Funds | |
20 | Quonset Development Corporation 72,442 | |
21 | Total – State Fire Marshal 4,231,136 | |
22 | Security Services | |
23 | General Revenues 23,937,443 | |
24 | Municipal Police Training Academy | |
25 | General Revenues 269,414 | |
26 | Federal Funds 239,365 | |
27 | Total – Municipal Police Training Academy 508,779 | |
28 | State Police | |
29 | General Revenues 65,492,857 | |
30 | Federal Funds 3,444,674 | |
31 | Restricted Receipts 203,758 | |
32 | Other Funds | |
33 | Lottery Commission Assistance 1,495,293 | |
34 | Airport Corporation Assistance 150,000 | |
|
| |
1 | Road Construction Reimbursement 2,934,672 | |
2 | Weight and Measurement Reimbursement 400,000 | |
3 | Rhode Island Capital Plan Funds | |
4 | DPS Asset Protection 250,000 | |
5 | Training Academy Upgrades 100,000 | |
6 | Total – State Police 74,471,254 | |
7 | Grand Total – Public Safety 120,977,086 | |
8 | Office of Public Defender | |
9 | General Revenues 12,043,006 | |
10 | Federal Funds 97,820 | |
11 | Grand Total – Office of Public Defender 12,140,826 | |
12 | Emergency Management Agency | |
13 | General Revenues 1,734,470 | |
14 | Federal Funds 14,775,673 | |
15 | Restricted Receipts 450,095 | |
16 | Other | |
17 | Rhode Island Capital Plan Funds | |
18 | RI Statewide Communications Network 1,494,414 | |
19 | Grand Total – Emergency Management Agency 18,454,652 | |
20 | Environmental Management | |
21 | Office of the Director | |
22 | General Revenues 5,541,873 | |
23 | Of this general revenue amount, $50,000 is appropriated to the Conservation Districts. | |
24 | Restricted Receipts 4,054,487 | |
25 | Total – Office of the Director 9,596,360 | |
26 | Natural Resources | |
27 | General Revenues 21,088,161 | |
28 | Federal Funds 23,024,285 | |
29 | Restricted Receipts 3,998,533 | |
30 | Other Funds | |
31 | DOT Recreational Projects 1,178,375 | |
32 | Blackstone Bikepath Design 2,059,579 | |
33 | Transportation MOU 78,350 | |
34 | Rhode Island Capital Plan Funds | |
|
| |
1 | Dams Rehabilitation 2,245,805 | |
2 | Fort Adams Rehabilitation 300,000 | |
3 | Fort Adams Sailing Improvements/Mid-Park 1,750,000 | |
4 | Recreational Facilities Improvements 2,450,000 | |
5 | Galilee Piers Upgrade 1,250,000 | |
6 | Newport Piers Upgrade 137,500 | |
7 | Fish & Wildlife Maintenance Facilities 150,000 | |
8 | Greenway Blackstone Valley Park Improvements 359,170 | |
9 | Natural Resources Offices/Visitor’s Center 1,000,000 | |
10 | Rocky Point Acquisition/Renovations 150,000 | |
11 | Marine Infrastructure and Pier Development 500,000 | |
12 | State Recreation Building Demolition 100,000 | |
13 | Total – Natural Resources 61,819,758 | |
14 | Environmental Protection | |
15 | General Revenues 12,674,150 | |
16 | Federal Funds 10,375,027 | |
17 | Restricted Receipts 9,321,063 | |
18 | Other Funds | |
19 | Transportation MOU 164,734 | |
20 | Total – Environmental Protection 32,534,974 | |
21 | Grand Total – Environmental Management 103,951,092 | |
22 | Coastal Resources Management Council | |
23 | General Revenues 2,487,578 | |
24 | Federal Funds 1,649,291 | |
25 | Restricted Receipts 250,000 | |
26 | Other Funds | |
27 | Rhode Island Capital Plan Funds | |
28 | Rhode Island Coastal Storm Risk Study 150,000 | |
29 | Narragansett Bay SAMP 250,000 | |
30 | Green Pond Dredging Study 50,000 | |
31 | Grand Total – Coastal Resources Mgmt. Council 4,836,869 | |
32 | Transportation | |
33 | Central Management | |
34 | Federal Funds 6,756,379 | |
|
| |
1 | Other Funds | |
2 | Gasoline Tax 4,799,653 | |
3 | Total – Central Management 11,556,032 | |
4 | Management and Budget | |
5 | Other Funds | |
6 | Gasoline Tax 2,942,455 | |
7 | Infrastructure Engineering | |
8 | Federal Funds | |
9 | Federal Funds 274,247,090 | |
10 | Federal Funds – Stimulus 4,386,593 | |
11 | Restricted Receipts 3,168,128 | |
12 | Other Funds | |
13 | Gasoline Tax 76,170,795 | |
14 | Land Sale Revenue 2,673,125 | |
15 | Rhode Island Capital Plan Funds | |
16 | RIPTA Land and Buildings 90,000 | |
17 | T.F. Green Airport Improvements 2,000,000 | |
18 | RIPTA Pawtucket Bus Hub 313,018 | |
19 | RIPTA Providence Transit Connector 470,588 | |
20 | Highway Improvement Program 35,851,346 | |
21 | Total - Infrastructure Engineering 399,370,683 | |
22 | Infrastructure Maintenance | |
23 | Other Funds | |
24 | Gasoline Tax 20,612,520 | |
25 | Non-Land Surplus Property 50,000 | |
26 | Outdoor Advertising 100,000 | |
27 | Rhode Island Highway Maintenance Account 74,433,382 | |
28 | Rhode Island Capital Plan Funds | |
29 | Maintenance Facilities Improvements 400,000 | |
30 | Salt Storage Facilities 1,750,000 | |
31 | Maintenance - Equipment Replacement 2,500,000 | |
32 | Train Station Maintenance and Repairs 350,000 | |
33 | Total – Infrastructure Maintenance 100,195,902 | |
34 | Grand Total – Transportation 514,065,072 | |
|
| |
1 | Statewide Totals | |
2 | General Revenues 3,767,715,656 | |
3 | Federal Funds 3,134,144,774 | |
4 | Restricted Receipts 261,725,805 | |
5 | Other Funds 2,079,248,575 | |
6 | Statewide Grand Total 9,242,834,810 | |
7 | SECTION 2. Each line appearing in Section 1 of this Article shall constitute an | |
8 | appropriation. | |
9 | SECTION 3. Upon the transfer of any function of a department or agency to another | |
10 | department or agency, the Governor is hereby authorized by means of executive order to transfer | |
11 | or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected | |
12 | thereby. | |
13 | SECTION 4. From the appropriation for contingency shall be paid such sums as may be | |
14 | required at the discretion of the Governor to fund expenditures for which appropriations may not | |
15 | exist. Such contingency funds may also be used for expenditures in the several departments and | |
16 | agencies where appropriations are insufficient, or where such requirements are due to unforeseen | |
17 | conditions or are non-recurring items of an unusual nature. Said appropriations may also be used | |
18 | for the payment of bills incurred due to emergencies or to any offense against public peace and | |
19 | property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as | |
20 | amended. All expenditures and transfers from this account shall be approved by the Governor. | |
21 | SECTION 5. The general assembly authorizes the state controller to establish the internal | |
22 | service accounts shown below, and no other, to finance and account for the operations of state | |
23 | agencies that provide services to other agencies, institutions and other governmental units on a cost | |
24 | reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in | |
25 | a businesslike manner, promote efficient use of services by making agencies pay the full costs | |
26 | associated with providing the services, and allocate the costs of central administrative services | |
27 | across all fund types, so that federal and other non-general fund programs share in the costs of | |
28 | general government support. The controller is authorized to reimburse these accounts for the cost | |
29 | of work or services performed for any other department or agency subject to the following | |
30 | expenditure limitations: | |
31 | Account Expenditure Limit | |
32 | State Assessed Fringe Benefit Internal Service Fund 41,229,448 | |
33 | Administration Central Utilities Internal Service Fund 24,910,320 | |
34 | State Central Mail Internal Service Fund 6,838,505 | |
|
| |
1 | State Telecommunications Internal Service Fund 3,244,413 | |
2 | State Automotive Fleet Internal Service Fund 12,510,602 | |
3 | Surplus Property Internal Service Fund 3,000 | |
4 | Health Insurance Internal Service Fund 251,804,700 | |
5 | State Fleet Revolving Loan Fund 273,786 | |
6 | Other Post-Employment Benefits Fund 63,852,483 | |
7 | Capitol Police Internal Service Fund 1,306,128 | |
8 | Corrections Central Distribution Center Internal Service Fund 6,784,478 | |
9 | Correctional Industries Internal Service Fund 7,581,704 | |
10 | Secretary of State Record Center Internal Service Fund 807,345 | |
11 | SECTION 6. Legislative Intent - The General Assembly may provide a written "statement | |
12 | of legislative intent" signed by the chairperson of the House Finance Committee and by the | |
13 | chairperson of the Senate Finance Committee to show the intended purpose of the appropriations | |
14 | contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the | |
15 | House Finance Committee and in the Senate Finance Committee. | |
16 | At least twenty (20) days prior to the issuance of a grant or the release of funds, which | |
17 | grant or funds are listed on the legislative letter of intent, all department, agency and corporation | |
18 | directors, shall notify in writing the chairperson of the House Finance Committee and the | |
19 | chairperson of the Senate Finance Committee of the approximate date when the funds are to be | |
20 | released or granted. | |
21 | SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby | |
22 | appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds | |
23 | required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund | |
24 | and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2018. | |
25 | SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated | |
26 | pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed | |
27 | for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2018. | |
28 | SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to | |
29 | the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of | |
30 | paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2018. | |
31 | SECTION 10. Departments and agencies listed below may not exceed the number of full- | |
32 | time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do | |
33 | not include seasonal or intermittent positions whose scheduled period of employment does not | |
34 | exceed twenty-six (26) consecutive weeks or whose scheduled hours do not exceed nine hundred | |
|
| |
1 | and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include | |
2 | individuals engaged in training, the completion of which is a prerequisite of employment. Provided, | |
3 | however, that the Governor or designee, Speaker of the House of Representatives or designee, and | |
4 | the President of the Senate or designee may authorize an adjustment to any limitation. Prior to the | |
5 | authorization, the State Budget Officer shall make a detailed written recommendation to the | |
6 | Governor, the Speaker of the House, and the President of the Senate. A copy of the | |
7 | recommendation and authorization to adjust shall be transmitted to the chairman of the House | |
8 | Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal | |
9 | Advisor. | |
10 | State employees whose funding is from non-state general revenue funds that are time | |
11 | limited shall receive limited term appointment with the term limited to the availability of non-state | |
12 | general revenue funding source. | |
13 | FY 2018 FTE POSITION AUTHORIZATION | |
14 | Departments and Agencies Full-Time Equivalent | |
15 | Administration 696.7 | |
16 | Business Regulation 101.0 | |
17 | Executive Office of Commerce 17.0 | |
18 | Labor and Training 428.7 | |
19 | Revenue 533.5 | |
20 | Legislature 298.5 | |
21 | Office of the Lieutenant Governor 8.0 | |
22 | Office of the Secretary of State 59.0 | |
23 | Office of the General Treasurer 89.0 | |
24 | Board of Elections 12.0 | |
25 | Rhode Island Ethics Commission 12.0 | |
26 | Office of the Governor 45.0 | |
27 | Commission for Human Rights 14.5 | |
28 | Public Utilities Commission 51.0 | |
29 | Office of Health and Human Services 285.0 | |
30 | Children, Youth, and Families 616.5 | |
31 | Health 493.6 | |
32 | Human Services 981.1 | |
33 | Behavioral Healthcare, Developmental Disabilities, and Hospitals 1,319.4 | |
34 | Office of the Child Advocate 8.0 | |
|
| |
1 | Commission on the Deaf and Hard of Hearing 4.0 | |
2 | Governor’s Commission on Disabilities 4.0 | |
3 | Office of the Mental Health Advocate 4.0 | |
4 | Elementary and Secondary Education 139.1 | |
5 | School for the Deaf 60.0 | |
6 | Davies Career and Technical School 126.0 | |
7 | Office of Postsecondary Commissioner 37.0 | |
8 | Provided that 1.0 of the total authorization would be available only for positions that are | |
9 | supported by third-party funds. | |
10 | University of Rhode Island 2,489.5 | |
11 | Provided that 573.8 of the total authorization would be available only for positions that are | |
12 | supported by third-party funds. | |
13 | Rhode Island College 926.2 | |
14 | Provided that 76.0 of the total authorization would be available only for positions that are | |
15 | supported by third-party funds. | |
16 | Community College of Rhode Island 854.1 | |
17 | Provided that 89.0 of the total authorization would be available only for positions that are | |
18 | supported by third-party funds. | |
19 | Rhode Island State Council on the Arts 8.6 | |
20 | RI Atomic Energy Commission 8.6 | |
21 | Historical Preservation and Heritage Commission 15.6 | |
22 | Office of the Attorney General 235.1 | |
23 | Corrections 1,423.0 | |
24 | Judicial 723.3 | |
25 | Military Staff 92.0 | |
26 | Public Safety 611.6 | |
27 | Office of the Public Defender 93.0 | |
28 | Emergency Management Agency 32.0 | |
29 | Environmental Management 400.0 | |
30 | Coastal Resources Management Council 29.0 | |
31 | Transportation 775.0 | |
32 | Total 15,160.2 | |
33 | SECTION 11. The amounts reflected in this Article include the appropriation of Rhode | |
34 | Island Capital Plan funds for fiscal year 2018 and supersede appropriations provided for FY 2018 | |
|
| |
1 | within Section 11 of Article 1 of Chapter 142 of the P.L. of 2016. | |
2 | The following amounts are hereby appropriated out of any money in the State’s Rhode | |
3 | Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending | |
4 | June 30, 2019, June 30, 2020, June 30, 2021 and June 30, 2022. These amounts supersede | |
5 | appropriations provided within Section 11 of Article 1 of Chapter 142 of the P.L. of 2016. For the | |
6 | purposes and functions hereinafter mentioned, the State Controller is hereby authorized and | |
7 | directed to draw his or her orders upon the General Treasurer for the payment of such sums and | |
8 | such portions thereof as may be required by him or her upon receipt of properly authenticated | |
9 | vouchers. | |
10 | Fiscal Year Fiscal Year Fiscal Year Fiscal Year | |
11 | Ending Ending Ending Ending | |
12 | Project June 30, 2019 June 30, 2020 June 30, 2021 June 30, 2022 | |
13 | DOA – Cannon Building 600,000 350,000 3,500,000 3,500,000 | |
14 | DOA – Accessibility Facility Ren. 1,000,000 1,000,000 1,000,000 1,000,000 | |
15 | DOA – Pastore Center Rehab 4,000,000 4,000,000 4,000,000 5,000,000 | |
16 | DOA – Shepard Building 500,000 2,000,000 2,000,000 0 | |
17 | DOA – State House Energy Management | |
18 | Improv. 3,000,000 0 0 0 | |
19 | DOA – State Office Building 350,000 1,000,000 2,930,000 0 | |
20 | DOA – Washington County Govern. Ctr. 1,250,000 1,250,000 750,000 500,000 | |
21 | DOA – William Powers Administration 2,000,000 3,000,000 4,000,000 1,000,000 | |
22 | DOA – Zambarano Utilities and Infrs. 2,240,000 2,100,000 1,500,000 1,000,000 | |
23 | BHDDH – Hospital Reorganization 1,920,000 500,000 0 0 | |
24 | DOC – Asset Protection 3,750,000 3,750,000 3,750,000 3,750,000 | |
25 | EOC – Quonset Piers 2,000,000 5,000,000 5,000,000 0 | |
26 | DLT – Center General Asset Protection 1,000,000 1,650,000 880,000 500,000 | |
27 | El SEC – Davies School Asset Protection 150,000 150,000 150,000 150,000 | |
28 | EL SEC – Davies HVAC 1,974,000 0 0 0 | |
29 | EL SEC – Met School Asset Protection 250,000 250,000 250,000 250,000 | |
30 | Judicial – Asset Protection 950,000 1,000,000 1,000,000 1,000,000 | |
31 | Mil Staff – Joint Force Headquarters | |
32 | Building 4,706,152 0 0 0 | |
33 | Higher Ed – Asset Protection-CCRI 2,368,035 2,439,076 2,487,857 2,537,615 | |
34 | Higher Ed – Knight Campus Renewal 4,000,000 3,000,000 0 0 | |
|
| |
1 | Higher Ed – Asset Protection-RIC 3,562,184 3,669,050 4,150,000 4,233,000 | |
2 | Higher Ed – Asset Protection-URI 8,200,000 8,364,000 8,531,280 8,700,000 | |
3 | Higher Ed-RIC Infrs.Modernization 4,500,000 3,600,000 3,500,000 3,500,000 | |
4 | Higher Ed – Academic Building Phase I - | |
5 | Craig Lee, Gaige, Adams Library 6,000,000 0 0 0 | |
6 | Higher Ed – Knight Campus Biology and | |
7 | Chemistry Lab Renovation 375,000 0 0 0 | |
8 | DPS – Asset Protection 250,000 250,000 250,000 250,000 | |
9 | DEM – Dam Repairs 1,500,000 1,250,000 1,000,000 1,000,000 | |
10 | DEM – Galilee Piers 1,250,000 400,000 400,000 400,000 | |
11 | DEM – Recreational Facility Improv. 1,600,000 1,850,000 2,100,000 2,000,000 | |
12 | DOT – Highway Improvements 32,451,346 32,451,346 32,451,346 32,451,346 | |
13 | DOT – Maintenance – Capital Equip. 2,500,000 2,500,000 2,500,000 2,500,000 | |
14 | RIPTA– Pawtucket Bus Hub Transit | |
15 | Corridor 946,168 0 0 0 | |
16 | RIPTA – Providence Transit Connector1,561,279 0 0 0 | |
17 | SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. | |
18 | – Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project | |
19 | appropriations shall be reappropriated in the ensuing fiscal year and made available for the same | |
20 | purpose. However, any such reappropriations are subject to final approval by the General Assembly | |
21 | as part of the supplemental appropriations act. Any unexpended funds of less than five hundred | |
22 | dollars ($500) shall be reappropriated at the discretion of the State Budget Officer. | |
23 | SECTION 13. For the Fiscal Year ending June 30, 2018, the Rhode Island Housing and | |
24 | Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support | |
25 | of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the | |
26 | amount of funding provided to this program, as well as information on the number of units of | |
27 | housing provided as a result to the Director of Administration, the Chair of the Housing Resources | |
28 | Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance | |
29 | Committee and the State Budget Officer. | |
30 | SECTION 14. Appropriation of CollegeBound Saver Funds – There is hereby appropriated | |
31 | to the Office of the General Treasurer designated funds received under the CollegeBound Saver | |
32 | program for transfer to the Division of Higher Education Assistance within the Office of the | |
33 | Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30, | |
34 | 2018. | |
|
| |
1 | SECTION 15. Notwithstanding any provisions of Chapter 12.2 in Title 46 of the Rhode | |
2 | Island General Laws, the Rhode Island Infrastructure Bank shall transfer to the State Controller the | |
3 | sum of three million five hundred thousand dollars ($3,500,000) by June 30, 2018. | |
4 | SECTION 16. Notwithstanding any provisions of Chapter 38 in Title 45 of the Rhode | |
5 | Island General Laws, the Rhode Island Health and Educational Building Corporation shall transfer | |
6 | to the State Controller the sum of six million dollars ($6,000,000) by June 30, 2018. | |
7 | SECTION 17. Notwithstanding any provisions of Chapter 2 in Title 39 of the Rhode Island | |
8 | General Laws, the Electric and Gas Distribution Company shall transfer to the State Controller the | |
9 | sum of twelve million and five hundred thousand dollars ($12,500,000) by June 30, 2018 from the | |
10 | Public Utilities Commission approved 2018 System Reliability and Energy Efficiency and | |
11 | Conservation Procurement Programmatic Budget Plan. The 2018 program year plans total budget | |
12 | shall not exceed the commission-approved total budget for the 2017 system reliability and energy | |
13 | efficiency and conservation procurement program plan. | |
14 | SECTION 18. Quonset Development Corporation. Notwithstanding any provision of | |
15 | Chapter 64.1 in Title 42 of the Rhode Island General Laws, the Quonset Development Corporation | |
16 | shall transfer to the State Controller the sum of one million dollars ($1,000,000) by June 30, 2018. | |
17 | SECTION 19. Rhode Island Housing. Notwithstanding any provision of Chapter 55 in | |
18 | Title 42 of the Rhode Island General Laws, the Rhode Island Housing shall transfer to the State | |
19 | Controller the sum of one million dollars ($1,000,000) by June 30, 2018. | |
20 | SECTION 20. Narraganset Bay Commission. Notwithstanding any provision of Chapter | |
21 | 25 in Title 46 of the Rhode Island General Laws, the Narragansett Bay Commission shall transfer | |
22 | to the State Controller the sum of five million dollars ($5,000,000) by June 30, 2018. | |
23 | SECTION 21. Effective for the fiscal year ending June 30, 2018 and each fiscal year | |
24 | thereafter, the Public Utilities Commission shall transfer to the State Controller for deposit as a | |
25 | general revenue receipt the sum of three hundred thirty-three thousand four hundred twenty dollars | |
26 | ($333,420) for rent on the building located at 89 Jefferson Boulevard in Warwick, Rhode Island. | |
27 | SECTION 22. This article shall take effect as of July 1, 2017. | |
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art.002/5/002/4/002/3/002/2/002/1 | ||
======= | ||
1 | ARTICLE 2 | |
2 | RELATING TO ECONOMIC DEVELOPMENT AND TAX CREDITS | |
3 | SECTION 1. Sections 42-64.28-2, 42-64.28-3, 42-64.28-4, and 42-64.28-5 of the General | |
4 | Laws in Chapter 42-64.28 entitled "Innovation Initiative" are hereby amended to read as follows: | |
5 | 42-64.28-2 Definitions. | |
6 | As used in this chapter: | |
7 | (1) "Commerce corporation" means the Rhode Island commerce corporation established | |
8 | pursuant to 42-64-1 et seq. | |
9 | (2) "Small business" means a business that is resident in Rhode Island, has its business | |
10 | facility located within the state, and employs five hundred (500) or fewer persons. | |
11 | (3) "Manufacturer" shall mean any entity that: | |
12 | (i) Uses any premises within the state primarily for the purpose of transforming raw | |
13 | materials into a finished product for trade through any or all of the following operations: adapting, | |
14 | altering, finishing, making, processing, refining, metalworking, and ornamenting, but shall not | |
15 | include fabricating processes incidental to warehousing or distribution of raw materials, such as | |
16 | alteration of stock for the convenience of a customer; or | |
17 | (ii) Is described in codes 31-33 of the North American Industry Classification system, as | |
18 | revised from time to time. | |
19 | (4) "Small business manufacturer" shall mean a business that meets the definitions of terms | |
20 | small business and manufacturer as defined herein. | |
21 | (3) (5) "Match" shall mean a funding match, or in kind services provided by a third party. | |
22 | (4) (6) "Targeted industry" means any advanced, promising or otherwise prioritized | |
23 | industry identified in the economic development vision and policy promulgated pursuant to 42- | |
24 | 64.17-1 or, until such time as any such economic development vision and policy is promulgated, | |
25 | as identified by the commerce corporation. | |
26 | 42-64.28-3 Programs Established. | |
27 | (a) The Rhode Island commerce corporation shall establish a voucher program and an | |
28 | innovation network program as provided under this chapter. The programs are subject to available | |
29 | appropriations and such other funding as may be dedicated to the programs. | |
30 | (b) There is established an account in the name of the "innovation initiative fund" (the | |
| ||
1 | "fund") under the control of the commerce corporation to fund the programs. | |
2 | (1) The fund shall consist of: | |
3 | (i) Money appropriated in the state budget to the fund; | |
4 | (ii) Money made available to the fund through federal grants, programs or private | |
5 | contributions; | |
6 | (iii) Application or other fees paid to the fund to process applications for awards under this | |
7 | chapter; and | |
8 | (iv) Any other money made available to the fund. | |
9 | (c) Voucher program. The commerce corporation is authorized, to develop and implement | |
10 | an innovation voucher program to provide financing to small businesses to purchase research and | |
11 | development support or other forms of technical assistance and services from Rhode Island | |
12 | institutions of higher education and other providers and to fund research and development by and | |
13 | for small business manufacturers. | |
14 | (d) Innovation network program. The commerce corporation is authorized to provide | |
15 | innovation grants to organizations, including non-profit organizations, for-profit organizations, | |
16 | universities, and co-working space operators that offer technical assistance, space on flexible terms, | |
17 | and access to capital to businesses in advanced or targeted industries. The commerce corporation | |
18 | shall only issue grants under this subsection when those grants are matched by private sector or | |
19 | non-profit partners. The commerce corporation shall establish guidelines for appropriate matching | |
20 | criteria under this section, including necessary matching ratios. | |
21 | 42-64.28-4 Eligible uses. | |
22 | (a) Vouchers available under this chapter shall be used for the benefit of small businesses | |
23 | to access technical assistance and other services including, but not limited to, research, | |
24 | technological development, product development, commercialization, market development, | |
25 | technology exploration, and improved business practices that implement strategies to grow | |
26 | business and create operational efficiencies. | |
27 | (b) Vouchers available under this chapter shall be used to provide funding to finance | |
28 | internal research and development by and for small business manufacturers, including, but not | |
29 | limited to, research, technological development, product development, commercialization, market | |
30 | development, technology exploration, and improved business practices that implement strategies | |
31 | to grow business and create operational efficiencies. Subject to appropriation, the commerce | |
32 | corporation shall reserve an amount not to exceed fifty percent (50%) of the voucher program's | |
33 | annual appropriation to be made available in fiscal year 2018 for vouchers awarded to small | |
34 | business manufacturers under this subsection. | |
|
| |
1 | (b) (c) Matching fund awards shall be used for the benefit of small businesses in industries | |
2 | designated from time-to-time by the corporation, including without limitation, life science and | |
3 | healthcare; food and agriculture; clean technology and energy efficiency; and cyber security to pay | |
4 | for and access technological assistance, to procure space on flexible terms, and to access capital | |
5 | from organizations, including non-profit organizations, for-profit organizations, universities, and | |
6 | co-working space businesses. | |
7 | 42-64.28-5 Qualification. | |
8 | (a)To qualify for a voucher or for a matching fund award under this chapter, a business | |
9 | must make application to the commerce corporation, and upon selection, shall enter into an | |
10 | agreement with the commerce corporation. The commerce corporation shall have no obligation to | |
11 | issue any voucher, make any award or grant any benefits under this chapter. | |
12 | (b) In a given tax year, a business shall not receive a voucher or matching fund award | |
13 | provided for under this chapter in conjunction with the tax credit provided for in §44-32-3 of the | |
14 | general laws. | |
15 | SECTION 2. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled "Historic | |
16 | Preservation Tax Credits 2013" is hereby amended to read as follows: | |
17 | 44-33.6-11. Sunset. | |
18 | No credits shall be authorized to be reserved pursuant to this chapter on or after June 30, | |
19 | 2017 2019, or upon the exhaustion of the maximum aggregate credits, whichever comes first. | |
20 | SECTION 3. Section 1 of this article shall take on July 1, 2017. Section 2 shall take effect | |
21 | upon passage. | |
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art.003/4 | ||
======= | ||
1 | ARTICLE 3 AS AMENDED | |
2 | RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP | |
3 | SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by | |
4 | adding thereto the following chapter: | |
5 | CHAPTER 107 | |
6 | RHODE ISLAND PROMISE SCHOLARSHIP | |
7 | 16-107-1. Short title. | |
8 | This chapter shall be known and may be cited as the "Rhode Island Promise Scholarship | |
9 | Act." | |
10 | 16-107-2. Legislative findings and purpose. | |
11 | (a) The general assembly finds and declares that: | |
12 | (1) Education is critical for the state's young people to achieve their dreams and develop | |
13 | their talents; | |
14 | (2) The state's economic success depends on a highly educated and skilled workforce; and | |
15 | (3) The state's future prosperity depends upon its ability to make educational opportunities | |
16 | beyond high school available for all students as part of a free public education. | |
17 | (b) In order to address the findings set forth in subsection (a), the purpose of this chapter | |
18 | is to increase the number of students enrolling in and completing degrees on-time from the | |
19 | Community College of Rhode Island. | |
20 | 16-107-3. Establishment of scholarship program. | |
21 | Beginning with the high school graduating class of 2017, it is hereby established the Rhode | |
22 | Island Promise scholarship program that will end with the high school graduating class of 2020. | |
23 | The general assembly shall annually appropriate the funds necessary to implement the purposes of | |
24 | this chapter. Additional funds beyond the scholarships may be appropriated to support and advance | |
25 | the Rhode Island Promise scholarship program. In addition to appropriation by the general | |
26 | assembly, charitable donations may be accepted into the scholarship program. | |
27 | 16-107-4. Definitions. | |
28 | When used in this chapter, the following terms shall have the following meanings: | |
29 | (1) "FAFSA" means the Free Application for Federal Student Aid form; | |
30 | (2) "Mandatory fees and tuition" are the costs that every student is required to pay in order | |
| ||
1 | to enroll in classes, and does not include room and board, textbooks, program fees that may exist | |
2 | in some majors, course fees that may exist for some specific courses, meal plans or travel; | |
3 | (3) "On track to graduate on time" means the standards determined by the Community | |
4 | College of Rhode Island in establishing the expectation of a student to graduate with an associate's | |
5 | degree within two (2) years of enrollment (recognizing that some students, including students who | |
6 | require developmental education, are double majors, or are enrolled in certain professional | |
7 | programs may require an extended time period for degree completion); | |
8 | (4) "Scholarship program" means the Rhode Island Promise scholarship program that is | |
9 | established pursuant to §16-107-3; | |
10 | (5) "Recipient-student" means a student attending the Community College of Rhode Island | |
11 | who qualifies to receive the Rhode Island promise scholarship pursuant to §16-107-6; and | |
12 | (6) "State" means the State of Rhode Island and Providence Plantations. | |
13 | 16-107-5. Administration of scholarship program. | |
14 | (a) The financial aid office in conjunction with the office of enrollment management, or | |
15 | their respective equivalent offices, at the Community College of Rhode Island, shall administer the | |
16 | scholarship program for state residents seeking associate degrees who meet the eligibility | |
17 | requirements in this chapter. | |
18 | (b) An award of the scholarship program shall cover the cost of two (2) years of tuition and | |
19 | mandatory fees less federal and all other financial aid monies available to the recipient-student. | |
20 | (c) The scholarship program is limited to one award per student as required by §16-107- | |
21 | 6(a)(7). | |
22 | 16-107-6. Eligibility for scholarship. | |
23 | (a) Beginning with the students who enroll at the Community College of Rhode Island in | |
24 | fall of 2017 and ending with students who enroll at the Community College of Rhode Island in the | |
25 | fall of 2020, to be considered for the scholarship, a student: | |
26 | (1) Must qualify for in-state tuition and fees pursuant to the Residency Policy adopted by | |
27 | the Council on Postsecondary Education, as amended, supplemented, restated or otherwise | |
28 | modified from time to time ("residency policy"); provided, that, the student must have satisfied the | |
29 | high school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age; | |
30 | provided, further, that in addition to the option of meeting the requirement by receiving a high | |
31 | school equivalency diploma as described in the residency policy, the student can satisfy the | |
32 | condition by receiving other certificates or documents of equivalent nature from the state or its | |
33 | municipalities as recognized by applicable regulations promulgated by the Council on Elementary | |
34 | and Secondary Education; | |
|
| |
1 | (2) Must be admitted to, and must enroll and attend the Community College of Rhode | |
2 | Island on a full-time basis by the semester immediately following high school graduation or the | |
3 | semester immediately following receipt of a high school equivalency diploma; | |
4 | (3) Must complete the FAFSA and any required FAFSA verification by the deadline | |
5 | prescribed by the Community College of Rhode Island for each year in which the student seeks to | |
6 | receive funding under the scholarship program; | |
7 | (4) Must continue to be enrolled on a full-time basis; | |
8 | (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or | |
9 | greater, as determined by the Community College of Rhode Island; | |
10 | (6) Must remain on track to graduate on time as determined by the Community College of | |
11 | Rhode Island; | |
12 | (7) Must not have already received an award under this scholarship program; and | |
13 | (8) Must commit to live, work, or continue their education in Rhode Island after graduation. | |
14 | The Community College of Rhode Island shall develop a policy that will secure this commitment | |
15 | from recipient-students. | |
16 | (b) Notwithstanding the eligibility requirements under §§16-107-6(a) ("specified | |
17 | conditions"): | |
18 | (i) In the case of a recipient-student who has an approved medical or personal leave of | |
19 | absence or is unable to satisfy one or more specified conditions because of the student's medical or | |
20 | personal circumstances, the student may continue to receive an award under the scholarship | |
21 | program upon resuming the student's education so long as the student continues to meet all other | |
22 | applicable eligibility requirements; and | |
23 | (ii) In the case of a recipient-student who is a member of the national guard or a member | |
24 | of a reserve unit of a branch of the United States military and is unable to satisfy one or more | |
25 | specified conditions because the student is or will be in basic or special military training, or is or | |
26 | will be participating in a deployment of the student's guard or reserve unit, the student may continue | |
27 | to receive an award under the scholarship program upon completion of the student's basic or special | |
28 | military training or deployment. | |
29 | 16-107-7. Reporting and disbursement. | |
30 | (a) On or before November 10 and May 10 of each fiscal year following fiscal year 2017, | |
31 | the Community College of Rhode Island shall submit a report to the Director of the Office of | |
32 | Management and Budget, the State Budget Officer, the House Fiscal Advisor, the Senate Fiscal | |
33 | Advisor, the Commissioner of Postsecondary Education, and the chair of the Council on | |
34 | Postsecondary Education detailing the number of students eligible to participate in the scholarship | |
|
| |
1 | program, the amount of federal and Institutional financial aid anticipated to be received by | |
2 | recipient-students, the aggregate tuition and mandatory fee costs attributable to recipient-students, | |
3 | and the resulting total cost of the scholarship program to the state. The report shall contain such | |
4 | data for both the current fiscal year and the most up-to-date forecast for the following fiscal year. | |
5 | Data reported shall be subdivided by student year cohort and shall be accompanied by a written | |
6 | explanation detailing the estimating methodology utilized and any impact(s) the forecasted data | |
7 | may present to institutional capacity, operational costs, and the tuition/fee revenue base of the | |
8 | institution. | |
9 | (b) On or before July 1, 2020, the Community College of Rhode Island and the | |
10 | Commissioner of Postsecondary Education shall submit a report evaluating the program based on | |
11 | the first two cohorts to the governor, speaker of the house, and the president of the senate. This | |
12 | evaluation shall include the following: | |
13 | (1) The number of students who started in each cohort; | |
14 | (2) The number of students in each cohort who have attained a degree or certification in an | |
15 | on-time manner; | |
16 | (3) The number of students in each cohort who have not attained a degree or certification | |
17 | in an on-time manner; and an analysis of why that has happened; | |
18 | (4) The number of students in each cohort who began the program but have been unable to | |
19 | continue or complete the program, and an analysis of why that has happened; | |
20 | (5) The costs of the program and the costs of continuing the program; | |
21 | (6) Suggestions for ways to increase the success of the program; | |
22 | (7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing | |
23 | the program; and | |
24 | (8) Any such other recommendations or information as the Community College of Rhode | |
25 | Island and the Commissioner of Postsecondary Education deem appropriate to include in the | |
26 | evaluation. | |
27 | (c) The Office of Management and Budget, in consultation with the Office of the | |
28 | Postsecondary Commissioner, shall oversee the apportionment and disbursement of all funds | |
29 | appropriated for the purpose of the scholarship program. | |
30 | 16-107-8. Rules and procedures. | |
31 | The Council on Postsecondary Education is hereby authorized to promulgate rules to | |
32 | effectuate the purposes of this chapter and the Community College of Rhode Island shall establish | |
33 | appeal procedures for the award, denial or revocation of funding under the scholarship program. | |
34 | The rules shall be promulgated in accordance with §16-59-4. | |
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1 | SECTION 2. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Board of | |
2 | Governors for Higher Education [See Title 16 Chapter 97 - The Rhode Island Board of Education | |
3 | Act]" is hereby amended to read as follows: | |
4 | 16-59-9. Educational budget and appropriations. | |
5 | (a) The general assembly shall annually appropriate any sums it deems necessary for | |
6 | support and maintenance of higher education in the state and the state controller is authorized and | |
7 | directed to draw his or her orders upon the general treasurer for the payment of the appropriations | |
8 | or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him | |
9 | or her of proper vouchers as the council on postsecondary education may by rule provide. The | |
10 | council shall receive, review, and adjust the budget for the office of postsecondary commissioner | |
11 | and present the budget as part of the budget for higher education under the requirements of § 35-3- | |
12 | 4. | |
13 | (b) The office of postsecondary commissioner and the institutions of public higher | |
14 | education shall establish working capital accounts. | |
15 | (c) Any tuition or fee increase schedules in effect for the institutions of public higher | |
16 | education shall be received by the council on postsecondary education for allocation for the fiscal | |
17 | year for which state appropriations are made to the council by the general assembly; provided that | |
18 | no further increases may be made by the board of education or the council on postsecondary | |
19 | education for the year for which appropriations are made. Except that these provisions shall not | |
20 | apply to the revenues of housing, dining, and other auxiliary facilities at the University of Rhode | |
21 | Island, Rhode Island College, and the Community Colleges including student fees as described in | |
22 | P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 | |
23 | as amended. | |
24 | (d) All housing, dining, and other auxiliary facilities at all public institutions of higher | |
25 | learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay | |
26 | operating expenses, including principal and interest on debt services, and overhead expenses for | |
27 | the facilities, with the exception of the mandatory fees covered by the Rhode Island Promise | |
28 | Scholarship Program as established by §16-107-3. Any debt-service costs on general obligation | |
29 | bonds presented to the voters in November 2000 and November 2004 or appropriated funds from | |
30 | the Rhode Island capital plan for the housing auxiliaries at the University of Rhode Island and | |
31 | Rhode Island College shall not be subject to this self-supporting requirement in order to provide | |
32 | funds for the building construction and rehabilitation program. The institutions of public higher | |
33 | education will establish policies and procedures that enhance the opportunity for auxiliary facilities | |
34 | to be self-supporting, including that all faculty provide timely and accurate copies of booklist for | |
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1 | required textbooks to the public higher educational institution's bookstore. | |
2 | (e) The additional costs to achieve self-supporting status shall be by the implementation of | |
3 | a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, | |
4 | operating expenses, principal, and interest on debt services, and overhead expenses. | |
5 | (f) The board of education is authorized to establish a restricted-receipt account for the | |
6 | Westerly Higher Education and Industry Center (also known as the Westerly Job Skills Center or | |
7 | Westerly Higher Education Learning Center) and to collect lease payments from occupying | |
8 | companies, and fees from room and service rentals, to support the operation and maintenance of | |
9 | the facility. All such revenues shall be deposited to the restricted-receipt account. | |
10 | SECTION 3. This article shall take effect upon passage. | |
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art.004/7/004/6/004/5/004/4/004/3/004/2/004/1 | ||
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1 | ARTICLE 4 AS AMENDED | |
2 | RELATING TO MOTOR VEHICLES | |
3 | SECTION 1. Chapter 31-2 of the General Laws entitled “Division of Motor Vehicles” is | |
4 | hereby amended by adding thereto the following section: | |
5 | 31-2-27. Technology surcharge fee. | |
6 | (a) The division of motor vehicles shall collect a technology surcharge fee of one dollar | |
7 | and fifty cents ($1.50) per transaction for every division of motor vehicles fee transaction, except | |
8 | as otherwise provided by law. All technology surcharge fees collected pursuant to this section shall | |
9 | be deposited into the information technology investment fund established pursuant to §42-11-2.5 | |
10 | and shall be used for project-related payments and/or ongoing maintenance of and enhancements | |
11 | to the division of motor vehicles’ computer system and to reimburse the information technology | |
12 | investment fund for advances made to cover project-related payments. | |
13 | (b) Authorization to collect the technology surcharge fee provided for in subsection (a) | |
14 | shall sunset and expire on June 30, 2022. | |
15 | SECTION 2. Section 31-3-33 of the General Laws in Chapter 31-3 entitled “Registration | |
16 | of Vehicles” is hereby amended to read as follows: | |
17 | 31-3-33. Renewal of registration. | |
18 | (a) Application for renewal of a vehicle registration shall be made by the owner on a proper | |
19 | application form and by payment of the registration fee for the vehicle as provided by law. | |
20 | (b) The division of motor vehicles may receive applications for renewal of registration, and | |
21 | may grant the renewal and issue new registration cards and plates at any time prior to expiration of | |
22 | registration. | |
23 | (c) Upon renewal, owners will be issued a renewal sticker for each registration plate that | |
24 | shall be placed at the bottom, right-hand corner of the plate. Owners shall be issued a new, fully | |
25 | reflective plate beginning April 1, 2017 January 1, 2019, at the time of initial registration or at the | |
26 | renewal of an existing registration and reissuance will be conducted no less than every ten (10) | |
27 | years. | |
28 | SECTION 3. Section 31-6-1 of the General Laws in Chapter 31-6 entitled "Registration | |
29 | Fees" is hereby amended to read as follows: | |
30 | 31-6-1. Amount of registration and miscellaneous fees. [Effective July 1, 2017.] | |
| ||
1 | (a) The following registration fees shall be paid to the division of motor vehicles for the | |
2 | registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for | |
3 | each year of registration: | |
4 | (1) For the registration of every automobile, when equipped with pneumatic tires, the gross | |
5 | weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30.00). | |
6 | (2) For the registration of every motor truck or tractor when equipped with pneumatic tires, | |
7 | the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty-four dollars | |
8 | ($34.00). | |
9 | (2)(3) For the registration of every automobile, motor truck or tractor, when equipped with | |
10 | pneumatic tires, the gross weight of which is: | |
11 | (i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds | |
12 | (5,000 lbs.): forty dollars ($40.00); | |
13 | (ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds | |
14 | (6,000 lbs.): forty-eight dollars ($48.00); | |
15 | (iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds | |
16 | (7,000 lbs.): fifty-six dollars ($56.00); | |
17 | (iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand | |
18 | pounds (8,000 lbs.): sixty-four dollars ($64.00); | |
19 | (v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds | |
20 | (9,000 lbs.): seventy dollars ($70.00); | |
21 | (vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds | |
22 | (10,000 lbs.): seventy-eight dollars ($78.00); | |
23 | (vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand | |
24 | pounds (12,000 lbs.): one hundred six dollars ($106); | |
25 | (viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand | |
26 | pounds (14,000 lbs.): one hundred twenty-four dollars ($124); | |
27 | (ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand | |
28 | pounds (16,000 lbs.): one hundred forty dollars ($140); | |
29 | (x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand | |
30 | pounds (18,000 lbs.): one hundred fifty-eight dollars ($158); | |
31 | (xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand | |
32 | pounds (20,000 lbs.): one hundred seventy-six dollars ($176); | |
33 | (xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two | |
34 | thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194); | |
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| |
1 | (xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four | |
2 | thousand pounds (24,000 lbs.): two hundred ten dollars ($210); | |
3 | (xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six | |
4 | thousand pounds (26,000 lbs.): two hundred thirty dollars ($230); | |
5 | (xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight | |
6 | thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296); | |
7 | (xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty | |
8 | thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316); | |
9 | (xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two | |
10 | thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422); | |
11 | (xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four | |
12 | thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448); | |
13 | (xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six | |
14 | thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476); | |
15 | (xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight | |
16 | thousand pounds (38,000 lbs.): five hundred and two dollars ($502); | |
17 | (xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty | |
18 | thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528); | |
19 | (xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand | |
20 | pounds (42,000 lbs.): five hundred and fifty-four dollars ($554); | |
21 | (xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six | |
22 | thousand pounds (46,000 lbs.): six hundred and eight dollars ($608); | |
23 | (xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand | |
24 | pounds (50,000 lbs.): six hundred and sixty dollars ($660); | |
25 | (xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand | |
26 | pounds (54,000 lbs.): seven hundred and twelve dollars ($712); | |
27 | (xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight | |
28 | thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768); | |
29 | (xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two | |
30 | thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816); | |
31 | (xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six | |
32 | thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876); | |
33 | (xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy | |
34 | thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924); | |
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| |
1 | (xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four | |
2 | thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972); | |
3 | (xxxi) Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two | |
4 | dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross | |
5 | weight. | |
6 | (3)(4) For the registration of every semi-trailer to be used with a truck-tractor, as defined | |
7 | in § 31-1-4(d), shall be as follows: an annual fee of twelve dollars ($12.00) for a one-year | |
8 | registration; for multi-year registrations the fee of fifty dollars ($50.00) for a five-year (5) | |
9 | registration; and eighty dollars ($80.00) for an eight-year (8) registration. However, when in use, | |
10 | the weight of the resulting semi-trailer unit and its maximum carrying capacity shall not exceed the | |
11 | gross weight of the original semi-trailer unit from which the gross weight of the tractor was | |
12 | determined. A registration certificate and registration plate shall be issued for each semi-trailer so | |
13 | registered. There shall be no refund of payment of such fee, except that when a plate is returned | |
14 | prior to ninety (90) days before the effective date of that year's registration, the pro rate amount, | |
15 | based on the unused portion of the multi-year registration plate period at time of surrender, shall be | |
16 | refunded. A multi-year semi-trailer registration may be transferred to another semi-trailer subject | |
17 | to the provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer registration | |
18 | fee shall be retained by the division of motor vehicles to defray the costs of implementation of the | |
19 | international registration plan (IRP) and fleet registration section. | |
20 | (4)(5) For the registration of every automobile, motor truck, or tractor, when equipped with | |
21 | other than pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents | |
22 | (10¢) for each one hundred pounds (100 lbs.) of gross weight. | |
23 | (5)(6) For the registration of every public bus, the rates provided for motor vehicles for | |
24 | hire plus two dollars ($2.00) for each passenger that bus is rated to carry, the rating to be determined | |
25 | by the administrator of the division of motor vehicles. | |
26 | (6)(7) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars | |
27 | ($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education | |
28 | to assist in the payment of the cost of the motorcycle driver's education program as enumerated in | |
29 | § 31-10.1-1.1. | |
30 | (7)(8) For the registration of every trailer, not including semi-trailers used with a truck- | |
31 | tractor as defined in § 31-1-4(d), with a gross weight of three thousand pounds (3,000 lbs.) or less, | |
32 | five dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) | |
33 | shall be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 | |
34 | lbs.). | |
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1 | (8)(9) The annual registration fee for a motor vehicle, commonly described as a boxcar | |
2 | and/or locomotive, and used only by La Societe Des 40 Hommes et 8 Chevaux for civic | |
3 | demonstration, parades, convention purposes, or social welfare work, shall be two dollars ($2.00). | |
4 | (9)(10) For the registration of every motor vehicle, trailer, or semi-trailer owned by any | |
5 | department or agency of any city or town or district, provided the name of the city or town or | |
6 | district or state department or agency owning the same shall be plainly printed on two (2) sides of | |
7 | the vehicle, two dollars ($2.00). | |
8 | (10)(11) For the registration of motor vehicles used for racing, fifteen dollars ($15.00). | |
9 | (11)(12) For every duplicate registration certificate, seventeen dollars ($17.00). | |
10 | (12)(13) For every certified copy of a registration certificate or application, ten dollars | |
11 | ($10.00). | |
12 | (13)(14) For every certificate assigning a special identification number or mark as provided | |
13 | in § 31-3-37, one dollar ($1.00). | |
14 | (14)(15) For every replacement of number plates or additional pair of number plates, | |
15 | without changing the number, thirty dollars ($30.00). | |
16 | (15)(16) For the registration of every farm vehicle, used in farming as provided in § 31-3- | |
17 | 31: ten dollars ($10.00). | |
18 | (16)(17) For the registration of antique motor vehicles, five dollars ($5.00). | |
19 | (17)(18) For the registration of a suburban vehicle, when used as a pleasure vehicle and the | |
20 | gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as charged | |
21 | in subdivision (1) of this subsection shall be applicable and when used as a commercial vehicle and | |
22 | the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as | |
23 | provided in subdivision (2) of this subsection shall be applicable. The rates in subdivision (3) of | |
24 | this subsection shall be applicable when the suburban vehicle has a gross weight of more than four | |
25 | thousand pounds (4,000 lbs.), regardless of the use of the vehicle. | |
26 | (18)(19) For the registration of every motor bus that is used exclusively under contract with | |
27 | a political subdivision or school district of the state for the transportation of school children, twenty- | |
28 | five dollars ($25); provided that the motor bus may also be used for the transportation of persons | |
29 | to and from church and Sunday school services, and for the transportation of children to and from | |
30 | educational or recreational projects sponsored by a city or town or by any association or | |
31 | organization supported wholly or in part by public or private donations for charitable purposes, | |
32 | without the payment of additional registration fee. | |
33 | (19)(20) For the registration of every motorized bicycle, ten dollars ($10.00). | |
34 | (20)(21) For the registration of every motorized tricycle, ten dollars ($10.00). | |
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| |
1 | (21)(22) For the replacement of number plates with a number change, twenty dollars | |
2 | ($20.00). | |
3 | (22)(23) For the initial issuance and each reissuance of fully reflective plates, as required | |
4 | by §§ 31-3-10 and 31-3-32, an additional six dollars ($6.00). | |
5 | (23)(24) For the issuance of a trip permit under the International Registration Plan, twenty- | |
6 | five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two- | |
7 | hour (72) trip permits for vehicles required to be registered in the International Registration Plan | |
8 | that have not been apportioned with the state of Rhode Island. | |
9 | (24)(25) For the issuance of a hunter's permit under the International Registration Plan, | |
10 | twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue | |
11 | hunter's permits for motor vehicles based in the state of Rhode Island and otherwise required to be | |
12 | registered in the International Registration Plan. These permits are valid for thirty (30) days. | |
13 | (25)(26) For the registration of a specially adapted motor vehicle necessary to transport a | |
14 | family member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) | |
15 | assessed. | |
16 | (b) In the event that the registrant voluntarily cancels his or her registration within the | |
17 | period of registration, the division of motor vehicles shall refund only that portion of the fee paid | |
18 | that represents full-year segments of the registration fee paid. | |
19 | SECTION 4. Section 31-6-1.1 of the General Laws in Chapter 31-6 entitled "Registration | |
20 | Fees" is hereby repealed. | |
21 | 31-6-1.1. Truck registration fees. [Effective July 1, 2017.] | |
22 | (a) The following registration fees shall be paid to the division of motor vehicles for the | |
23 | registration of motor trucks and tractors as defined in § 31-1-4 subject to registration for each year | |
24 | of registration: | |
25 | (1) For the registration of every motor truck or tractor, when equipped with pneumatic tires, | |
26 | the gross weight of which is not more than four thousand pounds (4,000 lbs.), thirty-four dollars | |
27 | ($34.00). | |
28 | (2) For the registration of every motor truck or tractor, when equipped with pneumatic tires, | |
29 | the gross weight of which is: | |
30 | (i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds | |
31 | (5,000 lbs.): forty dollars ($40.00); | |
32 | (ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds | |
33 | (6,000 lbs.): forty-eight dollars ($48.00); | |
34 | (iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds | |
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| |
1 | (7,000 lbs.): fifty-six dollars ($56.00); | |
2 | (iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand | |
3 | pounds (8,000 lbs.): sixty-four dollars ($64.00); | |
4 | (v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds | |
5 | (9,000 lbs.): seventy dollars ($70.00); | |
6 | (vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds | |
7 | (10,000 lbs.): seventy-eight dollars ($78.00); | |
8 | (vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand | |
9 | pounds (12,000 lbs.): seventy-eight dollars ($78); | |
10 | (viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand | |
11 | pounds (14,000 lbs.): ninety-two dollars ($92); | |
12 | (ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand | |
13 | pounds (16,000 lbs.): ninety-two dollars ($92); | |
14 | (x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand | |
15 | pounds (18,000 lbs.): one hundred four dollars ($104); | |
16 | (xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand | |
17 | pounds (20,000 lbs.): one hundred nine dollars ($109); | |
18 | (xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two | |
19 | thousand pounds (22,000 lbs.): one hundred twenty dollars ($120); | |
20 | (xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four | |
21 | thousand pounds (24,000 lbs.): one hundred thirty dollars ($130); | |
22 | (xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six | |
23 | thousand pounds (26,000 lbs.): one hundred forty three dollars ($143); | |
24 | (xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight | |
25 | thousand pounds (28,000 lbs.): one hundred forty eight dollars ($148); | |
26 | (xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty | |
27 | thousand pounds (30,000 lbs.): one hundred fifty eight dollars ($158); | |
28 | (xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two | |
29 | thousand pounds (32,000 lbs.): two hundred and eleven dollars ($211); | |
30 | (xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four | |
31 | thousand pounds (34,000 lbs.): two hundred and twenty-four dollars ($224); | |
32 | (xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six | |
33 | thousand pounds (36,000 lbs.): two hundred and thirty-eight dollars ($238); | |
34 | (xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight | |
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| |
1 | thousand pounds (38,000 lbs.): two hundred and fifty one dollars ($251); | |
2 | (xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty | |
3 | thousand pounds (40,000 lbs.): two hundred and sixty-four dollars ($264); | |
4 | (xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand | |
5 | pounds (42,000 lbs.): two hundred and seventy-seven dollars ($277); | |
6 | (xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six | |
7 | thousand pounds (46,000 lbs.): three hundred and four dollars ($304); | |
8 | (xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand | |
9 | pounds (50,000 lbs.): three hundred and thirty dollars ($330); | |
10 | (xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand | |
11 | pounds (54,000 lbs.): three hundred and fifty-six dollars ($356); | |
12 | (xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight | |
13 | thousand pounds (58,000 lbs.): three hundred and eighty-four dollars ($384); | |
14 | (xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two | |
15 | thousand pounds (62,000 lbs.): four hundred and eight dollars ($408); | |
16 | (xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six | |
17 | thousand pounds (66,000 lbs.): four hundred and thirty-eight dollars ($438); | |
18 | (xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy | |
19 | thousand pounds (70,000 lbs.): four hundred and sixty-two dollars ($462); | |
20 | (xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-two | |
21 | thousand pounds (72,000 lbs.): four hundred and eighty-six dollars ($486); | |
22 | (xxxi) More than seventy-two thousand pounds (72,000 lbs.), but not more than seventy- | |
23 | four thousand pounds (74,000 lbs.): four hundred ninety-eight dollars ($498); | |
24 | (xxxii) More than seventy-four thousand pounds (74,000 lbs.), but not more than seventy- | |
25 | six thousand pounds (76,000 lbs.): five hundred ten dollars ($510); | |
26 | (xxxiii) More than seventy-six thousand pounds (76,000 lbs.), but not more than seventy- | |
27 | eight thousand pounds (78,000 lbs.): five hundred twenty-two dollars ($522); | |
28 | (xxxiv) More than seventy-eight thousand pounds (78,000 lbs.), but not more than eighty | |
29 | thousand pounds (80,000 lbs.): five hundred thirty-four dollars ($534); | |
30 | (xxxv) More than eighty thousand pounds (80,000 lbs.), but not more than eighty-two | |
31 | thousand pounds (82,000 lbs.): five hundred forty-six dollars ($546); | |
32 | (xxxvi) More than eighty-two thousand pounds (82,000 lbs.), but not more than eighty- | |
33 | four thousand pounds (84,000 lbs.): five hundred fifty-eight dollars ($558); | |
34 | (xxxvii) More than eighty-four thousand pounds (84,000 lbs.), but not more than eighty- | |
|
| |
1 | six thousand pounds (86,000 lbs.): five hundred seventy dollars ($570); | |
2 | (xxxviii) More than eighty-six thousand pounds (86,000 lbs.), but not more than eighty- | |
3 | eight thousand pounds (88,000 lbs.): five hundred eighty-two dollars ($582); | |
4 | (xxxix) More than eighty-eight thousand pounds (88,000 lbs.), but not more than ninety | |
5 | thousand pounds (90,000 lbs.): five hundred ninety-four dollars ($594); | |
6 | (xl) More than ninety thousand pounds (90,000 lbs.), but not more than ninety-two | |
7 | thousand pounds (92,000 lbs.): six hundred six dollars ($606); | |
8 | (xli) More than ninety-two thousand pounds (92,000 lbs.), but not more than ninety-four | |
9 | thousand pounds (94,000 lbs.): six hundred eighteen dollars ($618); | |
10 | (xlii) More than ninety-four thousand pounds (94,000 lbs.), but not more than ninety-six | |
11 | thousand pounds (96,000 lbs.): six hundred thirty dollars ($630); | |
12 | (xliii) More than ninety-six thousand pounds (96,000 lbs.), but not more than ninety-eight | |
13 | thousand pounds (98,000 lbs.): six hundred forty-two dollars ($642); | |
14 | (xliv) More than ninety-eight thousand pounds (98,000 lbs.), but not more than one | |
15 | hundred thousand pounds (100,000 lbs.): six hundred fifty-four dollars ($654); | |
16 | (xlv) More than one hundred thousand pounds (100,000 lbs.), but not more than one | |
17 | hundred two thousand pounds (102,000 lbs.): six hundred sixty-six dollars ($666); | |
18 | (xlvi) More than one hundred two thousand pounds (102,000 lbs.), but not more than one | |
19 | hundred four thousand pounds (104,000 lbs.): six hundred seventy-eight dollars ($678); | |
20 | (xlvii) Over one hundred four thousand pounds (104,000 lbs.): six hundred and ninety | |
21 | dollars ($690), plus twelve dollars ($12) per two thousand pounds (2,000 lbs.) gross weight. | |
22 | (3) For the registration of every motor truck or tractor owned by any department or agency | |
23 | of any city or town or district, provided the name of the city or town or district or state department | |
24 | or agency owning the same shall be plainly printed on two (2) sides of the vehicle, two dollars | |
25 | ($2.00). | |
26 | (4) For the replacement of number plates with a number change, twenty dollars ($20.00). | |
27 | (5) For the initial issuance and each reissuance of fully reflective plates as required by §§ | |
28 | 31-3-10 and 31-3-32, an additional six dollars ($6.00). | |
29 | (6) For the issuance of a trip permit under the International Registration Plan, twenty-five | |
30 | dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two-hour | |
31 | (72) trip permits for vehicles required to be registered in the International Registration Plan that | |
32 | have not been apportioned with the state of Rhode Island. | |
33 | (7) For the registration of every motor truck or tractor, when equipped with other than | |
34 | pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents ($.10) for | |
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1 | each one hundred pounds (100 lbs.) of gross weight. | |
2 | (8) For every duplicate registration certificate, seventeen dollars ($17.00). | |
3 | (9) For every certified copy of a registration certificate or application, ten dollars ($10.00). | |
4 | (10) For every certificate assigning a special identification number or mark as provided in | |
5 | § 31-3-37, one dollar ($1.00). | |
6 | (11) For every replacement of number plates or additional pair of number plates, without | |
7 | changing the number, thirty dollars ($30.00). | |
8 | (b) In the event that the registrant voluntarily cancels his or her registration within the | |
9 | period of registration, the division of motor vehicles shall refund only that portion of the fee paid | |
10 | which represents full-year segments of the registration fee paid. | |
11 | SECTION 5. Section 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled | |
12 | "Transportation Investment and Debt Reduction Act of 2011" is hereby amended to read as follows: | |
13 | 39-18.1-4. Rhode Island highway maintenance account created. | |
14 | (a) There is hereby created a special account in the intermodal surface transportation fund | |
15 | as established in section 31-36-20 that is to be known as the Rhode Island highway maintenance | |
16 | account. (b) The fund shall consist of all those moneys which the state may from time to time | |
17 | direct to the fund, including, not necessarily limited to, moneys derived from the following sources: | |
18 | (1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than those | |
19 | with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid by | |
20 | each vehicle or truck owner in order to register that owner's vehicle or truck and upon each | |
21 | subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00) | |
22 | each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013 through June 30, 2014, | |
23 | twenty dollars ($20.00) from July 1, 2014 through June 30, 2015, and thirty dollars ($30.00) from | |
24 | July 1, 2015 through June 30, 2016 and each year thereafter. (i) For owners of vehicles or trucks | |
25 | with the following plate types, the surcharge shall be as set forth below and shall be paid in full in | |
26 | order to register the vehicle or truck and upon each subsequent renewal: | |
27 | Plate Type Surcharge | |
28 | Antique $5.00 | |
29 | Farm $10.00 | |
30 | Motorcycle $13.00 | |
31 | (ii) For owners of trailers, the surcharge shall be one-half (1/2) of the biennial registration | |
32 | amount and shall be paid in full in order to register the trailer and upon each subsequent renewal. | |
33 | (2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than those | |
34 | with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks subject | |
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| |
1 | to annual registration, to be paid annually by each vehicle or truck owner in order to register that | |
2 | owner's vehicle, trailer or truck and upon each subsequent annual registration. This surcharge will | |
3 | be phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars | |
4 | ($5.00) from July 1, 2013 through June 30, 2014, ten dollars ($10.00) from July 1, 2014 through | |
5 | June 30, 2015, and fifteen dollars ($15.00) from July 1, 2015 through June 30, 2016 and each year | |
6 | thereafter. | |
7 | (i) For registrations of the following plate types, the surcharge shall be as set forth below | |
8 | and shall be paid in full in order to register the plate, and upon each subsequent renewal: | |
9 | Plate Type Surcharge | |
10 | Boat Dealer $6.25 | |
11 | Cycle Dealer $6.25 | |
12 | In-transit $5.00 | |
13 | Manufacturer $5.00 | |
14 | New Car Dealer $5.00 | |
15 | Used Car Dealer $5.00 | |
16 | Racer Tow $5.00 | |
17 | Transporter $5.00 | |
18 | Bailee $5.00 | |
19 | (ii) For owners of trailers, the surcharge shall be one-half (1/2) of the annual registration | |
20 | amount and shall be paid in full in order to register the trailer and upon each subsequent renewal. | |
21 | (iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars | |
22 | and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five | |
23 | cents ($6.25) from July 1, 2013 through June 30, 2014 and twelve dollars and fifty cents ($12.50) | |
24 | from July 1, 2014 through June 30, 2015 and each year thereafter. | |
25 | (3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor | |
26 | vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge | |
27 | will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars | |
28 | ($10.00) from July 1, 2013 through June 30, 2014, twenty dollars ($20.00) from July 1, 2014 | |
29 | through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015 through June 30, 2016 and | |
30 | each year thereafter. In the event that a license is issued or renewed for a period of less than five | |
31 | (5) years, the surcharge will be prorated according to the period of time the license will be valid. | |
32 | (c) All funds collected pursuant to this section shall be deposited in the Rhode Island | |
33 | highway maintenance account and shall be used only for the purposes set forth in this chapter. | |
34 | (d) Unexpended balances and any earnings thereon shall not revert to the general fund but | |
|
| |
1 | shall remain in the Rhode Island highway maintenance account. There shall be no requirement that | |
2 | monies received into the Rhode Island highway maintenance account during any given calendar | |
3 | year or fiscal year be expended during the same calendar year or fiscal year. | |
4 | (e) The Rhode Island highway maintenance account shall be administered by the director, | |
5 | who shall allocate and spend monies from the fund only in accordance with the purposes and | |
6 | procedures set forth in this chapter. | |
7 | (4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31 | |
8 | shall be deposited into the Rhode Island highway maintenance account, provided that for fiscal | |
9 | years 2016, 2017 and 2018 these fees be transferred as follows: | |
10 | (i) From July 1, 2015 through June 30, 2016, twenty-five percent (25%) will be deposited; | |
11 | (ii) From July 1, 2016 through June 30, 2017, seventy-five percent (75%) fifty percent | |
12 | (50%) will be deposited; and | |
13 | (iii) From July 1, 2017 and each year thereafter, one hundred percent (100%) eighty percent | |
14 | (80%) will be deposited; | |
15 | (iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be | |
16 | deposited; | |
17 | (5) All remaining funds from previous general obligation bond issues that have not | |
18 | otherwise been allocated. | |
19 | SECTION 6. Section 39-18.1-5 of the General Laws in Chapter 39-18.1 entitled | |
20 | "Transportation Investment and Debt Reduction Act of 2011" is hereby amended to read as follows: | |
21 | 39-18.1-5. Allocation of funds. | |
22 | (a) The monies in the highway maintenance fund to be directed to the department of | |
23 | transportation pursuant to subdivision (a)(1) of this section shall be allocated through the | |
24 | transportation improvement program process to provide the state match for federal transportation | |
25 | funds, in place of borrowing, as approved by the state planning council. The expenditure of moneys | |
26 | in the highway maintenance fund shall only be authorized for projects that appear in the state's | |
27 | transportation improvement program. | |
28 | (b) Provided however, that beginning with fiscal year 2015 and annually thereafter, the | |
29 | department of transportation will allocate necessary funding to programs that are designed to | |
30 | eliminate structural deficiencies of the state's bridge, road and maintenance systems and | |
31 | infrastructure. | |
32 | (c) Provided further that beginning July 1, 2015, five percent (5%) of available proceeds | |
33 | in the Rhode Island highway maintenance account shall be allocated annually to the Rhode Island | |
34 | public transit authority for operating expenditures. | |
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| |
1 | (d) Provided further that from July 1, 2017 through June 30, 2019, in addition to the amount | |
2 | above, the Rhode Island public transit authority shall receive an amount of not less than five million | |
3 | dollars ($5,000,000) each fiscal year. | |
4 | (e) Provided further that the Rhode Island public transit authority shall convene a | |
5 | coordinating council consisting of those state agencies responsible for meeting the needs of low- | |
6 | income seniors and persons with disabilities, along with those stakeholders that the authority deems | |
7 | appropriate and are necessary to inform, develop, and implement the federally-required | |
8 | Coordinated Public Transit Human Services Transportation Plan. | |
9 | The council shall develop, as part of the state's federally-required plan, recommendations | |
10 | for the appropriate and sustainable funding of the free-fare program for low-income seniors and | |
11 | persons with disabilities, while maximizing the use of federal funds available to support the | |
12 | transportation needs of this population. | |
13 | The council shall report these recommendations to the Governor, the Speaker of the House | |
14 | of Representatives, and the President of the Senate, no later than November 1, 2018. | |
15 | SECTION 7. Section 4 of this article shall take upon passage. The remainder of this article | |
16 | shall take effect as of July 1, 2017. | |
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art.005/5/005/4/005/3/005/2/005/1 | ||
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1 | ARTICLE 5 AS AMENDED | |
2 | RELATING TO GOVERNMENT REORGANIZATION | |
3 | SECTION 1. Chapter 23-17.12 of the General Laws entitled "Health Care Services - | |
4 | Utilization Review Act" is hereby repealed in its entirety. | |
5 | CHAPTER 23-17.12 | |
6 | Health Care Services - Utilization Review Act | |
7 | 23-17.12-1. Purpose of chapter. | |
8 | The purpose of the chapter is to: | |
9 | (1) Promote the delivery of quality health care in a cost effective manner; | |
10 | (2) Foster greater coordination between health care providers, patients, payors and | |
11 | utilization review entities; | |
12 | (3) Protect patients, businesses, and providers by ensuring that review agents are qualified | |
13 | to perform utilization review activities and to make informed decisions on the appropriateness of | |
14 | medical care; and | |
15 | (4) Ensure that review agents maintain the confidentiality of medical records in accordance | |
16 | with applicable state and federal laws. | |
17 | 23-17.12-2. Definitions. | |
18 | As used in this chapter, the following terms are defined as follows: | |
19 | (1) "Adverse determination" means a utilization review decision by a review agent not to | |
20 | authorize a health care service. A decision by a review agent to authorize a health care service in | |
21 | an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute | |
22 | an adverse determination if the review agent and provider are in agreement regarding the decision. | |
23 | Adverse determinations include decisions not to authorize formulary and nonformulary medication. | |
24 | (2) "Appeal" means a subsequent review of an adverse determination upon request by a | |
25 | patient or provider to reconsider all or part of the original decision. | |
26 | (3) "Authorization" means the review agent's utilization review, performed according to | |
27 | subsection 23-17.12-2(20), concluded that the allocation of health care services of a provider, given | |
28 | or proposed to be given to a patient was approved or authorized. | |
29 | (4) "Benefit determination" means a decision of the enrollee's entitlement to payment for | |
30 | covered health care services as defined in an agreement with the payor or its delegate. | |
| ||
1 | (5) "Certificate" means a certificate of registration granted by the director to a review agent. | |
2 | (6) "Complaint" means a written expression of dissatisfaction by a patient, or provider. The | |
3 | appeal of an adverse determination is not considered a complaint. | |
4 | (7) "Concurrent assessment" means an assessment of the medical necessity and/or | |
5 | appropriateness of health care services conducted during a patient's hospital stay or course of | |
6 | treatment. If the medical problem is ongoing, this assessment may include the review of services | |
7 | after they have been rendered and billed. This review does not mean the elective requests for | |
8 | clarification of coverage or claims review or a provider's internal quality assurance program except | |
9 | if it is associated with a health care financing mechanism. | |
10 | (8) "Department" means the department of health. | |
11 | (9) "Director" means the director of the department of health. | |
12 | (10) "Emergent health care services" has the same meaning as that meaning contained in | |
13 | the rules and regulations promulgated pursuant to chapter 12.3 of title 42 as may be amended from | |
14 | time to time and includes those resources provided in the event of the sudden onset of a medical, | |
15 | mental health, or substance abuse or other health care condition manifesting itself by acute | |
16 | symptoms of a severity (e.g. severe pain) where the absence of immediate medical attention could | |
17 | reasonably be expected to result in placing the patient's health in serious jeopardy, serious | |
18 | impairment to bodily or mental functions, or serious dysfunction of any body organ or part. | |
19 | (11) "Patient" means an enrollee or participant in all hospital or medical plans seeking | |
20 | health care services and treatment from a provider. | |
21 | (12) "Payor" means a health insurer, self-insured plan, nonprofit health service plan, health | |
22 | insurance service organization, preferred provider organization, health maintenance organization | |
23 | or other entity authorized to offer health insurance policies or contracts or pay for the delivery of | |
24 | health care services or treatment in this state. | |
25 | (13) "Practitioner" means any person licensed to provide or otherwise lawfully providing | |
26 | health care services, including, but not limited to, a physician, dentist, nurse, optometrist, podiatrist, | |
27 | physical therapist, clinical social worker, or psychologist. | |
28 | (14) "Prospective assessment" means an assessment of the medical necessity and/or | |
29 | appropriateness of health care services prior to services being rendered. | |
30 | (15) "Provider" means any health care facility, as defined in § 23-17-2 including any mental | |
31 | health and/or substance abuse treatment facility, physician, or other licensed practitioners identified | |
32 | to the review agent as having primary responsibility for the care, treatment, and services rendered | |
33 | to a patient. | |
34 | (16) "Retrospective assessment" means an assessment of the medical necessity and/or | |
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| |
1 | appropriateness of health care services that have been rendered. This shall not include reviews | |
2 | conducted when the review agency has been obtaining ongoing information. | |
3 | (17) "Review agent" means a person or entity or insurer performing utilization review that | |
4 | is either employed by, affiliated with, under contract with, or acting on behalf of: | |
5 | (i) A business entity doing business in this state; | |
6 | (ii) A party that provides or administers health care benefits to citizens of this state, | |
7 | including a health insurer, self-insured plan, non-profit health service plan, health insurance service | |
8 | organization, preferred provider organization or health maintenance organization authorized to | |
9 | offer health insurance policies or contracts or pay for the delivery of health care services or | |
10 | treatment in this state; or | |
11 | (iii) A provider. | |
12 | (18) "Same or similar specialty" means a practitioner who has the appropriate training and | |
13 | experience that is the same or similar as the attending provider in addition to experience in treating | |
14 | the same problems to include any potential complications as those under review. | |
15 | (19) "Urgent health care services" has the same meaning as that meaning contained in the | |
16 | rules and regulations promulgated pursuant to chapter 12.3 of title 42 as may be amended from | |
17 | time to time and includes those resources necessary to treat a symptomatic medical, mental health, | |
18 | or substance abuse or other health care condition requiring treatment within a twenty-four (24) hour | |
19 | period of the onset of such a condition in order that the patient's health status not decline as a | |
20 | consequence. This does not include those conditions considered to be emergent health care services | |
21 | as defined in subdivision (10). | |
22 | (20) "Utilization review" means the prospective, concurrent, or retrospective assessment | |
23 | of the necessity and/or appropriateness of the allocation of health care services of a provider, given | |
24 | or proposed to be given to a patient. Utilization review does not include: | |
25 | (i) Elective requests for the clarification of coverage; or | |
26 | (ii) Benefit determination; or | |
27 | (iii) Claims review that does not include the assessment of the medical necessity and | |
28 | appropriateness; or | |
29 | (iv) A provider's internal quality assurance program except if it is associated with a health | |
30 | care financing mechanism; or | |
31 | (v) The therapeutic interchange of drugs or devices by a pharmacy operating as part of a | |
32 | licensed inpatient health care facility; or | |
33 | (vi) The assessment by a pharmacist licensed pursuant to the provisions of chapter 19 of | |
34 | title 5 and practicing in a pharmacy operating as part of a licensed inpatient health care facility in | |
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| |
1 | the interpretation, evaluation and implementation of medical orders, including assessments and/or | |
2 | comparisons involving formularies and medical orders. | |
3 | (21) "Utilization review plan" means a description of the standards governing utilization | |
4 | review activities performed by a private review agent. | |
5 | (22) "Health care services" means and includes an admission, diagnostic procedure, | |
6 | therapeutic procedure, treatment, extension of stay, the ordering and/or filling of formulary or | |
7 | nonformulary medications, and any other services, activities, or supplies that are covered by the | |
8 | patient's benefit plan. | |
9 | (23) "Therapeutic interchange" means the interchange or substitution of a drug with a | |
10 | dissimilar chemical structure within the same therapeutic or pharmacological class that can be | |
11 | expected to have similar outcomes and similar adverse reaction profiles when given in equivalent | |
12 | doses, in accordance with protocols approved by the president of the medical staff or medical | |
13 | director and the director of pharmacy. | |
14 | 23-17.12-3. General certificate requirements. | |
15 | (a) A review agent shall not conduct utilization review in the state unless the department | |
16 | has granted the review agent a certificate. | |
17 | (b) Individuals shall not be required to hold separate certification under this chapter when | |
18 | acting as either an employee of, an affiliate of, a contractor for, or otherwise acting on behalf of a | |
19 | certified review agent. | |
20 | (c) The department shall issue a certificate to an applicant that has met the minimum | |
21 | standards established by this chapter, and regulations promulgated in accordance with it, including | |
22 | the payment of any fees as required, and other applicable regulations of the department. | |
23 | (d) A certificate issued under this chapter is not transferable, and the transfer of fifty percent | |
24 | (50%) or more of the ownership of a review agent shall be deemed a transfer. | |
25 | (e) After consultation with the payors and providers of health care, the department shall | |
26 | adopt regulations necessary to implement the provisions of this chapter. | |
27 | (f) The director of health is authorized to establish any fees for initial application, renewal | |
28 | applications, and any other administrative actions deemed necessary by the director to implement | |
29 | this chapter. | |
30 | (g) The total cost of certification under this title shall be borne by the certified entities and | |
31 | shall be one hundred and fifty percent (150%) of the total salaries paid to the certifying personnel | |
32 | of the department engaged in those certifications less any salary reimbursements and shall be paid | |
33 | to the director to and for the use of the department. That assessment shall be in addition to any taxes | |
34 | and fees otherwise payable to the state. | |
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| |
1 | (h) The application and other fees required under this chapter shall be sufficient to pay for | |
2 | the administrative costs of the certificate program and any other reasonable costs associated with | |
3 | carrying out the provisions of this chapter. | |
4 | (i) A certificate expires on the second anniversary of its effective date unless the certificate | |
5 | is renewed for a two (2) year term as provided in this chapter. | |
6 | (j) Any systemic changes in the review agents operations relative to certification | |
7 | information on file shall be submitted to the department for approval within thirty (30) days prior | |
8 | to implementation. | |
9 | 23-17.12-4. Application process. | |
10 | (a) An applicant requesting certification or recertification shall: | |
11 | (1) Submit an application provided by the director; and | |
12 | (2) Pay the application fee established by the director through regulation and § 23-17.12- | |
13 | 3(f). | |
14 | (b) The application shall: | |
15 | (1) Be on a form and accompanied by supporting documentation that the director requires; | |
16 | and | |
17 | (2) Be signed and verified by the applicant. | |
18 | (c) Before the certificate expires, a certificate may be renewed for an additional two (2) | |
19 | years. | |
20 | (d) If a completed application for recertification is being processed by the department, a | |
21 | certificate may be continued until a renewal determination is made. | |
22 | (e) In conjunction with the application, the review agent shall submit information that the | |
23 | director requires including: | |
24 | (1) A request that the state agency regard specific portions of the standards and criteria or | |
25 | the entire document to constitute "trade secrets" within the meaning of that term in § 38-2- | |
26 | 2(4)(i)(B); | |
27 | (2) The policies and procedures to ensure that all applicable state and federal laws to protect | |
28 | the confidentiality of individual medical records are followed; | |
29 | (3) A copy of the materials used to inform enrollees of the requirements under the health | |
30 | benefit plan for seeking utilization review or pre-certification and their rights under this chapter, | |
31 | including information on appealing adverse determinations; | |
32 | (4) A copy of the materials designed to inform applicable patients and providers of the | |
33 | requirements of the utilization review plan; | |
34 | (5) A list of the third party payors and business entities for which the review agent is | |
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| |
1 | performing utilization review in this state and a brief description of the services it is providing for | |
2 | each client; and | |
3 | (6) Evidence of liability insurance or of assets sufficient to cover potential liability. | |
4 | (f) The information provided must demonstrate that the review agent will comply with the | |
5 | regulations adopted by the director under this chapter. | |
6 | 23-17.12-5. General application requirements. | |
7 | An application for certification or recertification shall be accompanied by documentation | |
8 | to evidence the following: | |
9 | (1) The requirement that the review agent provide patients and providers with a summary | |
10 | of its utilization review plan including a summary of the standards, procedures and methods to be | |
11 | used in evaluating proposed or delivered health care services; | |
12 | (2) The circumstances, if any, under which utilization review may be delegated to any other | |
13 | utilization review program and evidence that the delegated agency is a certified utilization review | |
14 | agency delegated to perform utilization review pursuant to all of the requirements of this chapter; | |
15 | (3) A complaint resolution process consistent with subsection 23-17.12-2(6) and | |
16 | acceptable to the department, whereby patients, their physicians, or other health care providers may | |
17 | seek resolution of complaints and other matters of which the review agent has received written | |
18 | notice; | |
19 | (4) The type and qualifications of personnel (employed or under contract) authorized to | |
20 | perform utilization review, including a requirement that only a practitioner with the same license | |
21 | status as the ordering practitioner, or a licensed physician or dentist, is permitted to make a | |
22 | prospective or concurrent adverse determination; | |
23 | (5) The requirement that a representative of the review agent is reasonably accessible to | |
24 | patients, patient's family and providers at least five (5) days a week during normal business in | |
25 | Rhode Island and during the hours of the agency's review operations; | |
26 | (6) The policies and procedures to ensure that all applicable state and federal laws to protect | |
27 | the confidentiality of individual medical records are followed; | |
28 | (7) The policies and procedures regarding the notification and conduct of patient interviews | |
29 | by the review agent; | |
30 | (8) The requirement that no employee of, or other individual rendering an adverse | |
31 | determination for, a review agent may receive any financial incentives based upon the number of | |
32 | denials of certification made by that employee or individual; | |
33 | (9) The requirement that the utilization review agent shall not impede the provision of | |
34 | health care services for treatment and/or hospitalization or other use of a provider's services or | |
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| |
1 | facilities for any patient; | |
2 | (10) Evidence that the review agent has not entered into a compensation agreement or | |
3 | contract with its employees or agents whereby the compensation of its employees or its agents is | |
4 | based upon a reduction of services or the charges for those services, the reduction of length of stay, | |
5 | or utilization of alternative treatment settings; provided, nothing in this chapter shall prohibit | |
6 | agreements and similar arrangements; and | |
7 | (11) An adverse determination and internal appeals process consistent with § 23-17.12-9 | |
8 | and acceptable to the department, whereby patients, their physicians, or other health care providers | |
9 | may seek prompt reconsideration or appeal of adverse determinations by the review agent. | |
10 | 23-17.12-6. Denial, suspension, or revocation of certificate. | |
11 | (a) The department may deny a certificate upon review of the application if, upon review | |
12 | of the application, it finds that the applicant proposing to conduct utilization review does not meet | |
13 | the standards required by this chapter or by any regulations promulgated pursuant to this chapter. | |
14 | (b) The department may revoke a certificate and/or impose reasonable monetary penalties | |
15 | not to exceed five thousand dollars ($5,000) per violation in any case in which: | |
16 | (1) The review agent fails to comply substantially with the requirements of this chapter or | |
17 | of regulations adopted pursuant to this chapter; | |
18 | (2) The review agent fails to comply with the criteria used by it in its application for a | |
19 | certificate; or | |
20 | (3) The review agent refuses to permit examination by the director to determine compliance | |
21 | with the requirements of this chapter and regulations promulgated pursuant to the authority granted | |
22 | to the director in this chapter; provided, however, that the examination shall be subject to the | |
23 | confidentiality and "need to know" provisions of subdivisions 23-17.12-9(c)(4) and (5). These | |
24 | determinations may involve consideration of any written grievances filed with the department | |
25 | against the review agent by patients or providers. | |
26 | (c) Any applicant or certificate holder aggrieved by an order or a decision of the department | |
27 | made under this chapter without a hearing may, within thirty (30) days after notice of the order or | |
28 | decision, make a written request to the department for a hearing on the order or decision pursuant | |
29 | to § 42-35-15. | |
30 | (d) The procedure governing hearings authorized by this section shall be in accordance | |
31 | with §§ 42-35-9 -- 42-35-13 as stipulated in § 42-35-14(a). A full and complete record shall be kept | |
32 | of all proceedings, and all testimony shall be recorded but need not be transcribed unless the | |
33 | decision is appealed pursuant to § 42-35-15. A copy or copies of the transcript may be obtained by | |
34 | any interested party upon payment of the cost of preparing the copy or copies. Witnesses may be | |
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1 | subpoenaed by either party. | |
2 | 23-17.12-7. Judicial review. | |
3 | Any person who has exhausted all administrative remedies available to him or her within | |
4 | the department, and who is aggrieved by a final decision of the department under § 23-17.12-6, is | |
5 | entitled to judicial review pursuant to §§ 42-35-15 and 42-35-16. | |
6 | 23-17.12-8. Waiver of requirements. | |
7 | (a) Except for utilization review agencies performing utilization review activities to | |
8 | determine the necessity and/or appropriateness of substance abuse and mental health care, treatment | |
9 | or services, the department shall waive all the requirements of this chapter, with the exception of | |
10 | those contained in §§ 23-17.12-9, (a)(1)-(3), (5), (6), (8), (b)(1)-(6), and (c)(2)-(6), 23-17.12-12, | |
11 | and 23-17.12-14, for a review agent that has received, maintains and provides evidence to the | |
12 | department of accreditation from the utilization review accreditation commission (URAC) or other | |
13 | organization approved by the director. The waiver shall be applicable only to those services that | |
14 | are included under the accreditation by the utilization review accreditation commission or other | |
15 | approved organization. | |
16 | (b) The department shall waive the requirements of this chapter only when a direct conflict | |
17 | exists with those activities of a review agent that are conducted pursuant to contracts with the state | |
18 | or the federal government or those activities under other state or federal jurisdictions. | |
19 | (c) The limitation in subsection 23-17.12-8(b) notwithstanding, the department may waive | |
20 | or exempt all or part of the requirements of this chapter by mutual written agreement with a state | |
21 | department or agency when such waiver or exemption is determined to be necessary and | |
22 | appropriate to the administration of a health care related program. The department shall promulgate | |
23 | such regulations as deemed appropriate to implement this provision. | |
24 | 23-17.12-8.1. Variance of statutory requirements.. | |
25 | (a) The department is authorized to issue a statutory variance from one or more of the | |
26 | specific requirements of this chapter to a review agent where it determines that such variance is | |
27 | necessary to permit the review agent to evaluate and address practitioner billing and practice | |
28 | patterns when the review agent believes in good faith that such patterns evidence the existence of | |
29 | fraud or abuse. Any variance issued by the department pursuant to this section shall be limited in | |
30 | application to those services billed directly by the practitioner. Prior to issuing a statutory variance | |
31 | the department shall provide notice and a public hearing to ensure necessary patient and health care | |
32 | provider protections in the process. Statutory variances shall be issued for a period not to exceed | |
33 | one year and may be subject to such terms and conditions deemed necessary by the department. | |
34 | (b) On or before January 15th of each year, the department shall issue a report to the general | |
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1 | assembly summarizing any review agent activity as a result of a waiver granted under the provisions | |
2 | of this section. | |
3 | 23-17.12-9. Review agency requirement for adverse determination and internal | |
4 | appeals. | |
5 | (a) The adverse determination and appeals process of the review agent shall conform to the | |
6 | following: | |
7 | (1) Notification of a prospective adverse determination by the review agent shall be mailed | |
8 | or otherwise communicated to the provider of record and to the patient or other appropriate | |
9 | individual as follows: | |
10 | (i) Within fifteen (15) business days of receipt of all the information necessary to complete | |
11 | a review of non-urgent and/or non-emergent services; | |
12 | (ii) Within seventy-two (72) hours of receipt of all the information necessary to complete | |
13 | a review of urgent and/or emergent services; and | |
14 | (iii) Prior to the expected date of service. | |
15 | (2) Notification of a concurrent adverse determination shall be mailed or otherwise | |
16 | communicated to the patient and to the provider of record period as follows: | |
17 | (i) To the provider(s) prior to the end of the current certified period; and | |
18 | (ii) To the patient within one business day of making the adverse determination. | |
19 | (3) Notification of a retrospective adverse determination shall be mailed or otherwise | |
20 | communicated to the patient and to the provider of record within thirty (30) business days of receipt | |
21 | of a request for payment with all supporting documentation for the covered benefit being reviewed. | |
22 | (4) A utilization review agency shall not retrospectively deny authorization for health care | |
23 | services provided to a covered person when an authorization has been obtained for that service | |
24 | from the review agent unless the approval was based upon inaccurate information material to the | |
25 | review or the health care services were not provided consistent with the provider's submitted plan | |
26 | of care and/or any restrictions included in the prior approval granted by the review agent. | |
27 | (5) Any notice of an adverse determination shall include: | |
28 | (i) The principal reasons for the adverse determination, to include explicit documentation | |
29 | of the criteria not met and/or the clinical rationale utilized by the agency's clinical reviewer in | |
30 | making the adverse determination. The criteria shall be in accordance with the agency criteria noted | |
31 | in subsection 23-17.12-9(d) and shall be made available within the first level appeal timeframe if | |
32 | requested unless otherwise provided as part of the adverse determination notification process; | |
33 | (ii) The procedures to initiate an appeal of the adverse determination, including the name | |
34 | and telephone number of the person to contract with regard to an appeal; | |
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| |
1 | (iii) The necessary contact information to complete the two-way direct communication | |
2 | defined in subdivision 23-17.12-9(a)(7); and | |
3 | (iv) The information noted in subdivision 23-27.12-9(a)(5)(i)(ii)(iii) for all verbal | |
4 | notifications followed by written notification to the patient and provider(s). | |
5 | (6) All initial retrospective adverse determinations of a health care service that had been | |
6 | ordered by a physician, dentist or other practitioner shall be made, documented and signed | |
7 | consistent with the regulatory requirements which shall be developed by the department with the | |
8 | input of review agents, providers and other affected parties. | |
9 | (7) A level one appeal decision of an adverse determination shall not be made until an | |
10 | appropriately qualified and licensed review physician, dentist or other practitioner has spoken to, | |
11 | or otherwise provided for, an equivalent two-way direct communication with the patient's attending | |
12 | physician, dentist, other practitioner, other designated or qualified professional or provider | |
13 | responsible for treatment of the patient concerning the medical care, with the exception of the | |
14 | following: | |
15 | (i) When the attending provider is not reasonably available; | |
16 | (ii) When the attending provider chooses not to speak with agency staff; | |
17 | (iii) When the attending provider has negotiated an agreement with the review agent for | |
18 | alternative care; and/or | |
19 | (iv) When the attending provider requests a peer to peer communication prior to the adverse | |
20 | determination, the review agency shall then comply with subdivision 23-17.12-9(c)(1) in | |
21 | responding to such a request. Such requests shall be on the case specific basis unless otherwise | |
22 | arranged for in advance by the provider. | |
23 | (8) All initial, prospective and concurrent adverse determinations of a health care service | |
24 | that had been ordered by a physician, dentist or other practitioner shall be made, documented and | |
25 | signed by a licensed practitioner with the same licensure status as the ordering practitioner or a | |
26 | licensed physician or dentist. This does not prohibit appropriately qualified review agency staff | |
27 | from engaging in discussions with the attending provider, the attending provider's designee or | |
28 | appropriate health care facility and office personnel regarding alternative service and treatment | |
29 | options. Such a discussion shall not constitute an adverse determination provided though that any | |
30 | change to the provider's original order and/or any decision for an alternative level of care must be | |
31 | made and/or appropriately consented to by the attending provider or the provider's designee | |
32 | responsible for treating the patient. | |
33 | (9) The requirement that, upon written request made by or on behalf of a patient, any | |
34 | adverse determination and/or appeal shall include the written evaluation and findings of the | |
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| |
1 | reviewing physician, dentist or other practitioner. The review agent is required to accept a verbal | |
2 | request made by or on behalf of a patient for any information where a provider or patient can | |
3 | demonstrate that a timely response is urgent. | |
4 | (b) The review agent shall conform to the following for the appeal of an adverse | |
5 | determination: | |
6 | (1) The review agent shall maintain and make available a written description of the appeal | |
7 | procedure by which either the patient or the provider of record may seek review of determinations | |
8 | not to authorize a health care service. The process established by each review agent may include a | |
9 | reasonable period within which an appeal must be filed to be considered and that period shall not | |
10 | be less than sixty (60) days. | |
11 | (2) The review agent shall notify, in writing, the patient and provider of record of its | |
12 | decision on the appeal as soon as practical, but in no case later than fifteen (15) or twenty-one (21) | |
13 | business days if verbal notice is given within fifteen (15) business days after receiving the required | |
14 | documentation on the appeal. | |
15 | (3) The review agent shall also provide for an expedited appeals process for emergency or | |
16 | life threatening situations. Each review agent shall complete the adjudication of expedited appeals | |
17 | within two (2) business days of the date the appeal is filed and all information necessary to complete | |
18 | the appeal is received by the review agent. | |
19 | (4) All first level appeals of determinations not to authorize a health care service that had | |
20 | been ordered by a physician, dentist, or other practitioner shall be made, documented, and signed | |
21 | by a licensed practitioner with the same licensure status as the ordering practitioner or a licensed | |
22 | physician or a licensed dentist. | |
23 | (5) All second level appeal decisions shall be made, signed, and documented by a licensed | |
24 | practitioner in the same or a similar general specialty as typically manages the medical condition, | |
25 | procedure, or treatment under discussion. | |
26 | (6) The review agent shall maintain records of written appeals and their resolution, and | |
27 | shall provide reports as requested by the department. | |
28 | (c) The review agency must conform to the following requirements when making its | |
29 | adverse determination and appeal decisions: | |
30 | (1) The review agent must assure that the licensed practitioner or licensed physician is | |
31 | reasonably available to review the case as required under subdivision 23-17.12-9(a)(7) and shall | |
32 | conform to the following: | |
33 | (i) Each agency peer reviewer shall have access to and review all necessary information as | |
34 | requested by the agency and/or submitted by the provider(s) and/or patients; | |
|
| |
1 | (ii) Each agency shall provide accurate peer review contact information to the provider at | |
2 | the time of service, if requested, and/or prior to such service, if requested. This contact information | |
3 | must provide a mechanism for direct communication with the agency's peer reviewer; | |
4 | (iii) Agency peer reviewers shall respond to the provider's request for a two-way direct | |
5 | communication defined in subdivision 23-17.12-9(a)(7)(iv) as follows: | |
6 | (A) For a prospective review of non-urgent and non-emergent health care services, a | |
7 | response within one business day of the request for a peer discussion; | |
8 | (B) For concurrent and prospective reviews of urgent and emergent health care services, a | |
9 | response within a reasonable period of time of the request for a peer discussion; and | |
10 | (C) For retrospective reviews, prior to the first level appeal decision. | |
11 | (iv) The review agency will have met the requirements of a two-way direct communication, | |
12 | when requested and/or as required prior to the first level of appeal, when it has made two (2) | |
13 | reasonable attempts to contact the attending provider directly. | |
14 | (v) Repeated violations of this section shall be deemed to be substantial violations pursuant | |
15 | to § 23-17.12-14 and shall be cause for the imposition of penalties under that section. | |
16 | (2) No reviewer at any level under this section shall be compensated or paid a bonus or | |
17 | incentive based on making or upholding an adverse determination. | |
18 | (3) No reviewer under this section who has been involved in prior reviews of the case under | |
19 | appeal or who has participated in the direct care of the patient may participate as the sole reviewer | |
20 | in reviewing a case under appeal; provided, however, that when new information has been made | |
21 | available at the first level of appeal, then the review may be conducted by the same reviewer who | |
22 | made the initial adverse determination. | |
23 | (4) A review agent is only entitled to review information or data relevant to the utilization | |
24 | review process. A review agent may not disclose or publish individual medical records or any | |
25 | confidential medical information obtained in the performance of utilization review activities. A | |
26 | review agent shall be considered a third party health insurer for the purposes of § 5-37.3-6(b)(6) of | |
27 | this state and shall be required to maintain the security procedures mandated in § 5-37.3-4(c). | |
28 | (5) Notwithstanding any other provision of law, the review agent, the department, and all | |
29 | other parties privy to information which is the subject of this chapter shall comply with all state | |
30 | and federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 (Confidentiality | |
31 | of Health Care Communications and Information Act) and specifically § 5-37.3-4(c), which | |
32 | requires limitation on the distribution of information which is the subject of this chapter on a "need | |
33 | to know" basis, and § 40.1-5-26. | |
34 | (6) The department may, in response to a complaint that is provided in written form to the | |
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| |
1 | review agent, review an appeal regarding any adverse determination, and may request information | |
2 | of the review agent, provider or patient regarding the status, outcome or rationale regarding the | |
3 | decision. | |
4 | (d) The requirement that each review agent shall utilize and provide upon request, by | |
5 | Rhode Island licensed hospitals and the Rhode Island Medical Society, in either electronic or paper | |
6 | format, written medically acceptable screening criteria and review procedures which are | |
7 | established and periodically evaluated and updated with appropriate consultation with Rhode Island | |
8 | licensed physicians, hospitals, including practicing physicians, and other health care providers in | |
9 | the same specialty as would typically treat the services subject to the criteria as follows: | |
10 | (1) Utilization review agents shall consult with no fewer than five (5) Rhode Island licensed | |
11 | physicians or other health care providers. Further, in instances where the screening criteria and | |
12 | review procedures are applicable to inpatients and/or outpatients of hospitals, the medical director | |
13 | of each licensed hospital in Rhode Island shall also be consulted. Utilization review agents who | |
14 | utilize screening criteria and review procedures provided by another entity may satisfy the | |
15 | requirements of this section if the utilization review agent demonstrates to the satisfaction of the | |
16 | director that the entity furnishing the screening criteria and review procedures has complied with | |
17 | the requirements of this section. | |
18 | (2) Utilization review agents seeking initial certification shall conduct the consultation for | |
19 | all screening and review criteria to be utilized. Utilization review agents who have been certified | |
20 | for one year or longer shall be required to conduct the consultation on a periodic basis for the | |
21 | utilization review agent's highest volume services subject to utilization review during the prior year; | |
22 | services subject to the highest volume of adverse determinations during the prior year; and for any | |
23 | additional services identified by the director. | |
24 | (3) Utilization review agents shall not include in the consultations as required under | |
25 | paragraph (1) of this subdivision, any physicians or other health services providers who have | |
26 | financial relationships with the utilization review agent other than financial relationships for | |
27 | provisions of direct patient care to utilization review agent enrollees and reasonable compensation | |
28 | for consultation as required by paragraph (1) of this subdivision. | |
29 | (4) All documentation regarding required consultations, including comments and/or | |
30 | recommendations provided by the health care providers involved in the review of the screening | |
31 | criteria, as well as the utilization review agent's action plan or comments on any recommendations, | |
32 | shall be in writing and shall be furnished to the department on request. The documentation shall | |
33 | also be provided on request to any licensed health care provider at a nominal cost that is sufficient | |
34 | to cover the utilization review agent's reasonable costs of copying and mailing. | |
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| |
1 | (5) Utilization review agents may utilize non-Rhode Island licensed physicians or other | |
2 | health care providers to provide the consultation as required under paragraph (1) of this subdivision, | |
3 | when the utilization review agent can demonstrate to the satisfaction of the director that the related | |
4 | services are not currently provided in Rhode Island or that another substantial reason requires such | |
5 | approach. | |
6 | (6) Utilization review agents whose annualized data reported to the department | |
7 | demonstrate that the utilization review agent will review fewer than five hundred (500) such | |
8 | requests for authorization may request a variance from the requirements of this section. | |
9 | 23-17.12-10. External appeal requirements. | |
10 | (a) In cases where the second level of appeal to reverse an adverse determination is | |
11 | unsuccessful, the review agent shall provide for an external appeal by an unrelated and objective | |
12 | appeal agency, selected by the director. The director shall promulgate rules and regulations | |
13 | including, but not limited to, criteria for designation, operation, policy, oversight, and termination | |
14 | of designation as an external appeal agency. The external appeal agency shall not be required to be | |
15 | certified under this chapter for activities conducted pursuant to its designation. | |
16 | (b) The external appeal shall have the following characteristics: | |
17 | (1) The external appeal review and decision shall be based on the medical necessity for the | |
18 | health care or service and the appropriateness of service delivery for which authorization has been | |
19 | denied. | |
20 | (2) Neutral physicians, dentists, or other practitioners in the same or similar general | |
21 | specialty as typically manages the health care service shall be utilized to make the external appeal | |
22 | decisions. | |
23 | (3) Neutral physicians, dentists, or other practitioners shall be selected from lists: | |
24 | (i) Mutually agreed upon by the provider associations, insurers, and the purchasers of | |
25 | health services; and | |
26 | (ii) Used during a twelve (12) month period as the source of names for neutral physician, | |
27 | dentist, or other practitioner reviewers. | |
28 | (4) The neutral physician, dentist, or other practitioner may confer either directly with the | |
29 | review agent and provider, or with physicians or dentists appointed to represent them. | |
30 | (5) Payment for the appeal fee charged by the neutral physician, dentist, or other | |
31 | practitioner shall be shared equally between the two (2) parties to the appeal; provided, however, | |
32 | that if the decision of the utilization review agent is overturned, the appealing party shall be | |
33 | reimbursed by the utilization review agent for their share of the appeal fee paid under this | |
34 | subsection. | |
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| |
1 | (6) The decision of the external appeal agency shall be binding; however, any person who | |
2 | is aggrieved by a final decision of the external appeal agency is entitled to judicial review in a court | |
3 | of competent jurisdiction. | |
4 | 23-17.12-11. Repealed. | |
5 | 23-17.12-12. Reporting requirements. | |
6 | (a) The department shall establish reporting requirements to determine if the utilization | |
7 | review programs are in compliance with the provisions of this chapter and applicable regulations. | |
8 | (b) By November 14, 2014, the department shall report to the general assembly regarding | |
9 | hospital admission practices and procedures and the effects of such practices and procedures on the | |
10 | care and wellbeing of patients who present behavioral healthcare conditions on an emergency basis. | |
11 | The report shall be developed with the cooperation of the department of behavioral healthcare, | |
12 | developmental disabilities, and hospitals and of the department of children, youth, and families, | |
13 | and shall recommend changes to state law and regulation to address any necessary and appropriate | |
14 | revisions to the department's regulations related to utilization review based on the Federal Mental | |
15 | Health Parity and Addiction Equity Act of 2008 (MHPAEA) and the Patient Protection and | |
16 | Affordable Care Act, Pub. L. 111-148, and the state's regulatory interpretation of parity in insurance | |
17 | coverage of behavioral healthcare. These recommended or adopted revisions to the department's | |
18 | regulations shall include, but not be limited to: | |
19 | (1) Adverse determination and internal appeals, with particular regard to the time necessary | |
20 | to complete a review of urgent and/or emergent services for patients with behavioral health needs; | |
21 | (2) External appeal requirements; | |
22 | (3) The process for investigating whether insurers and agents are complying with the | |
23 | provisions of chapter 17.12 of title 23 in light of parity in insurance coverage for behavioral | |
24 | healthcare, with particular regard to emergency admissions; and | |
25 | (4) Enforcement of the provisions of chapter 17.12 of title 23 in light of insurance parity | |
26 | for behavioral healthcare. | |
27 | 23-17.12-13. Lists. | |
28 | The director shall periodically provide a list of private review agents issued certificates and | |
29 | the renewal date for those certificates to all licensed health care facilities and any other individual | |
30 | or organization requesting the list. | |
31 | 23-17.12-14. Penalties. | |
32 | A person who substantially violates any provision of this chapter or any regulation adopted | |
33 | under this chapter or who submits any false information in an application required by this chapter | |
34 | is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding five thousand | |
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| |
1 | dollars ($5,000). | |
2 | 23-17.12-15. Annual report. | |
3 | The director shall issue an annual report to the governor and the general assembly | |
4 | concerning the conduct of utilization review in the state. The report shall include a description of | |
5 | utilization programs and the services they provide, an analysis of complaints filed against private | |
6 | review agents by patients or providers and an evaluation of the impact of utilization review | |
7 | programs on patient access to care. | |
8 | 23-17.12-16. Fees. | |
9 | The proceeds of any fees, monetary penalties, and fines collected pursuant to the provisions | |
10 | of this chapter shall be deposited as general revenues. | |
11 | 23-17.12-17. Severability. | |
12 | If any provision of this chapter or the application of any provision to any person or | |
13 | circumstance shall be held invalid, that invalidity shall not affect the provisions or application of | |
14 | this chapter which can be given effect without the invalid provision or application, and to this end | |
15 | the provisions of this chapter are declared to be severable. | |
16 | SECTION 2. Chapter 23-17.13 of the General Laws entitled "Health Care Accessibility | |
17 | and Quality Assurance Act" is hereby repealed in its entirety. | |
18 | CHAPTER 23-17.13 | |
19 | Health Care Accessibility and Quality Assurance Act | |
20 | 23-17.13-1. Purpose. | |
21 | The legislature declares that: | |
22 | (1) It is in the best interest of the public that those individuals and care entities involved | |
23 | with the delivery of plan coverage in our state meet the standards of this chapter to insure | |
24 | accessibility and quality for the state's patients; | |
25 | (2) Nothing in the legislation is intended to prohibit a health care entity or contractor from | |
26 | forming limited networks of providers; and | |
27 | (3) It is a vital state function to establish these standards for the conduct of health plans by | |
28 | a health care entity in Rhode Island. | |
29 | 23-17.13-2. Definitions. | |
30 | As used in this chapter: | |
31 | (1) "Adverse decision" means any decision by a review agent not to certify an admission, | |
32 | service, procedure, or extension of stay. A decision by a reviewing agent to certify an admission, | |
33 | service, or procedure in an alternative treatment setting, or to certify a modified extension of stay, | |
34 | shall not constitute an adverse decision if the reviewing agent and the requesting provider are in | |
|
| |
1 | agreement regarding the decision. | |
2 | (2) "Contractor" means a person/entity that: | |
3 | (i) Establishes, operates or maintains a network of participating providers; | |
4 | (ii) Contracts with an insurance company, a hospital or medical or dental service plan, an | |
5 | employer, whether under written or self insured, an employee organization, or any other entity | |
6 | providing coverage for health care services to administer a plan; and/or | |
7 | (iii) Conducts or arranges for utilization review activities pursuant to chapter 17.12 of this | |
8 | title. | |
9 | (3) "Direct service ratio" means the amount of premium dollars expended by the plan for | |
10 | covered services provided to enrollees on a plan's fiscal year basis. | |
11 | (4) "Director" means the director of the department of health. | |
12 | (5) "Emergency services" has the same meaning as the meaning contained in the rules and | |
13 | regulations promulgated pursuant to chapter 12.3 of title 42, as may be amended from time to time, | |
14 | and includes the sudden onset of a medical or mental condition that the absence of immediate | |
15 | medical attention could reasonably be expected to result in placing the patient's health in serious | |
16 | jeopardy, serious impairment to bodily or mental functions, or serious dysfunction of any bodily | |
17 | organ or part. | |
18 | (6) "Health care entity" means a licensed insurance company, hospital, or dental or medical | |
19 | service plan or health maintenance organization, or a contractor as described in subdivision (2), | |
20 | that operates a health plan. | |
21 | (7) "Health care services" includes, but is not limited to, medical, mental health, substance | |
22 | abuse, and dental services. | |
23 | (8) "Health plan" means a plan operated by a health care entity as described in subdivision | |
24 | (6) that provides for the delivery of care services to persons enrolled in the plan through: | |
25 | (i) Arrangements with selected providers to furnish health care services; and/or | |
26 | (ii) Financial incentives for persons enrolled in the plan to use the participating providers | |
27 | and procedures provided for by the plan. | |
28 | (9) "Provider" means a physician, hospital, pharmacy, laboratory, dentist, or other state | |
29 | licensed or other state recognized provider of health care services or supplies, and whose services | |
30 | are recognized pursuant to 213(d) of the Internal Revenue Code, 26 U.S.C. § 213(d), that has | |
31 | entered into an agreement with a health care entity as described in subdivision (6) or contractor as | |
32 | described in subdivision (2) to provide these services or supplies to a patient enrolled in a plan. | |
33 | (10) "Provider incentive plan" means any compensation arrangement between a health care | |
34 | entity or plan and a provider or provider group that may directly or indirectly have the effect of | |
|
| |
1 | reducing or limiting services provided with respect to an individual enrolled in a plan. | |
2 | (11) "Qualified health plan" means a plan that the director of the department of health | |
3 | certified, upon application by the program, as meeting the requirements of this chapter. | |
4 | (12) "Qualified utilization review program" means utilization review program that meets | |
5 | the requirements of chapter 17.12 of this title. | |
6 | (13) "Most favored rate clause" means a provision in a provider contract whereby the rates | |
7 | or fees to be paid by a health plan are fixed, established or adjusted to be equal to or lower than the | |
8 | rates or fees paid to the provider by any other health plan or third party payor. | |
9 | 23-17.13-3. Certification of health plans. | |
10 | (a) Certification process. | |
11 | (1) Certification. | |
12 | (i) The director shall establish a process for certification of health plans meeting the | |
13 | requirements of certification in subsection (b). | |
14 | (ii) The director shall act upon the health plan's completed application for certification | |
15 | within ninety (90) days of receipt of such application for certification. | |
16 | (2) Review and recertification. To ensure compliance with subsection (b), the director shall | |
17 | establish procedures for the periodic review and recertification of qualified health plans not less | |
18 | than every five (5) years; provided, however, that the director may review the certification of a | |
19 | qualified health plan at any time if there exists evidence that a qualified health plan may be in | |
20 | violation of subsection (b). | |
21 | (3) Cost of certification. The total cost of obtaining and maintaining certification under this | |
22 | title and compliance with the requirements of the applicable rules and regulations are borne by the | |
23 | entities so certified and shall be one hundred and fifty percent (150%) of the total salaries paid to | |
24 | the certifying personnel of the department engaged in those certifications less any salary | |
25 | reimbursements and shall be paid to the director to and for the use of the department. That | |
26 | assessment shall be in addition to any taxes and fees otherwise payable to the state. | |
27 | (4) Standard definitions. To help ensure a patient's ability to make informed decisions | |
28 | regarding their health care, the director shall promulgate regulation(s) to provide for standardized | |
29 | definitions (unless defined in existing statute) of the following terms in this subdivision, provided, | |
30 | however, that no definition shall be construed to require a health care entity to add any benefit, to | |
31 | increase the scope of any benefit, or to increase any benefit under any contract: | |
32 | (i) Allowable charge; | |
33 | (ii) Capitation; | |
34 | (iii) Co-payments; | |
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| |
1 | (iv) Co-insurance; | |
2 | (v) Credentialing; | |
3 | (vi) Formulary; | |
4 | (vii) Grace period; | |
5 | (viii) Indemnity insurance; | |
6 | (ix) In-patient care; | |
7 | (x) Maximum lifetime cap; | |
8 | (xi) Medical necessity; | |
9 | (xii) Out-of-network; | |
10 | (xiii) Out-patient; | |
11 | (xiv) Pre-existing conditions; | |
12 | (xv) Point of service; | |
13 | (xvi) Risk sharing; | |
14 | (xvii) Second opinion; | |
15 | (xviii) Provider network; | |
16 | (xix) Urgent care. | |
17 | (b) Requirements for certification. The director shall establish standards and procedures | |
18 | for the certification of qualified health plans that conduct business in this state and who have | |
19 | demonstrated the ability to ensure that health care services will be provided in a manner to assure | |
20 | availability and accessibility, adequate personnel and facilities, and continuity of service, and has | |
21 | demonstrated arrangements for ongoing quality assurance programs regarding care processes and | |
22 | outcomes; other standards shall consist of, but are not limited to, the following: | |
23 | (1) Prospective and current enrollees in health plans must be provided information as to | |
24 | the terms and conditions of the plan consistent with the rules and regulations promulgated under | |
25 | chapter 12.3 of title 42 so that they can make informed decisions about accepting and utilizing the | |
26 | health care services of the health plan. This must be standardized so that customers can compare | |
27 | the attributes of the plans, and all information required by this paragraph shall be updated at | |
28 | intervals determined by the director. Of those items required under this section, the director shall | |
29 | also determine which items shall be routinely distributed to prospective and current enrollees as | |
30 | listed in this subsection and which items may be made available upon request. The items to be | |
31 | disclosed are: | |
32 | (i) Coverage provisions, benefits, and any restriction or limitations on health care services, | |
33 | including but not limited to, any exclusions as follows: by category of service, and if applicable, | |
34 | by specific service, by technology, procedure, medication, provider or treatment modality, | |
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| |
1 | diagnosis and condition, the latter three (3) of which shall be listed by name. | |
2 | (ii) Experimental treatment modalities that are subject to change with the advent of new | |
3 | technology may be listed solely by the broad category "Experimental Treatments". The information | |
4 | provided to consumers shall include the plan's telephone number and address where enrollees may | |
5 | call or write for more information or to register a complaint regarding the plan or coverage | |
6 | provision. | |
7 | (2) Written statement of the enrollee's right to seek a second opinion, and reimbursement | |
8 | if applicable. | |
9 | (3) Written disclosure regarding the appeals process described in § 23-17.12-1 et seq. and | |
10 | in the rules and regulations for the utilization review of care services, promulgated by the | |
11 | department of health, the telephone numbers and addresses for the plan's office which handles | |
12 | complaints as well as for the office which handles the appeals process under § 23-17.12-1 et seq. | |
13 | and the rules and regulations for the utilization of health. | |
14 | (4) Written statement of prospective and current enrollees' right to confidentiality of all | |
15 | health care record and information in the possession and/or control of the plan, its employees, its | |
16 | agents and parties with whom a contractual agreement exists to provide utilization review or who | |
17 | in any way have access to care information. A summary statement of the measures taken by the | |
18 | plan to ensure confidentiality of an individual's health care records shall be disclosed. | |
19 | (5) Written disclosure of the enrollee's right to be free from discrimination by the health | |
20 | plan and the right to refuse treatment without jeopardizing future treatment. | |
21 | (6) Written disclosure of a plan's policy to direct enrollees to particular providers. Any | |
22 | limitations on reimbursement should the enrollee refuse the referral must be disclosed. | |
23 | (7) A summary of prior authorization or other review requirements including | |
24 | preauthorization review, concurrent review, post-service review, post-payment review and any | |
25 | procedure that may lead the patient to be denied coverage for or not be provided a particular service. | |
26 | (8) Any health plan that operates a provider incentive plan shall not enter into any | |
27 | compensation agreement with any provider of covered services or pharmaceutical manufacturer | |
28 | pursuant to which specific payment is made directly or indirectly to the provider as an inducement | |
29 | or incentive to reduce or limit services, to reduce the length of stay or the use of alternative | |
30 | treatment settings or the use of a particular medication with respect to an individual patient, | |
31 | provided however, that capitation agreements and similar risk sharing arrangements are not | |
32 | prohibited. | |
33 | (9) Health plans must disclose to prospective and current enrollees the existence of | |
34 | financial arrangements for capitated or other risk sharing arrangements that exist with providers in | |
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| |
1 | a manner described in paragraphs (i), (ii), and (iii): | |
2 | (i) "This health plan utilizes capitated arrangements, with its participating providers, or | |
3 | contains other similar risk sharing arrangements; | |
4 | (ii) This health plan may include a capitated reimbursement arrangement or other similar | |
5 | risk sharing arrangement, and other financial arrangements with your provider; | |
6 | (iii) This health plan is not capitated and does not contain other risk sharing arrangements." | |
7 | (10) Written disclosure of criteria for accessing emergency health care services as well as | |
8 | a statement of the plan's policies regarding payment for examinations to determine if emergency | |
9 | health care services are necessary, the emergency care itself, and the necessary services following | |
10 | emergency treatment or stabilization. The health plan must respond to the request of the treating | |
11 | provider for post-stabilization treatment by approving or denying it as soon as possible. | |
12 | (11) Explanation of how health plan limitations impact enrollees, including information on | |
13 | enrollee financial responsibility for payment for co-insurance, co-payment, or other non-covered, | |
14 | out-of-pocket, or out-of-plan services. This shall include information on deductibles and benefits | |
15 | limitations including, but not limited to, annual limits and maximum lifetime benefits. | |
16 | (12) The terms under which the health plan may be renewed by the plan enrollee, including | |
17 | any reservation by the plan of any right to increase premiums. | |
18 | (13) Summary of criteria used to authorize treatment. | |
19 | (14) A schedule of revenues and expenses, including direct service ratios and other | |
20 | statistical information which meets the requirements set forth below on a form prescribed by the | |
21 | director. | |
22 | (15) Plan costs of health care services, including but not limited to all of the following: | |
23 | (i) Physician services; | |
24 | (ii) Hospital services, including both inpatients and outpatient services; | |
25 | (iii) Other professional services; | |
26 | (iv) Pharmacy services, excluding pharmaceutical products dispensed in a physician's | |
27 | office; | |
28 | (v) Health education; | |
29 | (vi) Substance abuse services and mental health services. | |
30 | (16) Plan complaint, adverse decision, and prior authorization statistics. This statistical data | |
31 | shall be updated annually: | |
32 | (i) The ratio of the number of complaints received to the total number of covered persons, | |
33 | reported by category, listed in paragraphs (b)(15)(i) -- (vi); | |
34 | (ii) The ratio of the number of adverse decisions issued to the number of complaints | |
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| |
1 | received, reported by category; | |
2 | (iii) The ratio of the number of prior authorizations denied to the number of prior | |
3 | authorizations requested, reported by category; | |
4 | (iv) The ratio of the number of successful enrollee appeals to the total number of appeals | |
5 | filed. | |
6 | (17) Plans must demonstrate that: | |
7 | (i) They have reasonable access to providers, so that all covered health care services will | |
8 | be provided. This requirement cannot be waived and must be met in all areas where the health plan | |
9 | has enrollees; | |
10 | (ii) Urgent health care services, if covered, shall be available within a time frame that meets | |
11 | standards set by the director. | |
12 | (18) A comprehensive list of participating providers listed by office location, specialty if | |
13 | applicable, and other information as determined by the director, updated annually. | |
14 | (19) Plans must provide to the director, at intervals determined by the director, enrollee | |
15 | satisfaction measures. The director is authorized to specify reasonable requirements for these | |
16 | measures consistent with industry standards to assure an acceptable degree of statistical validity | |
17 | and comparability of satisfaction measures over time and among plans. The director shall publish | |
18 | periodic reports for the public providing information on health plan enrollee satisfaction. | |
19 | (c) Issuance of certification. | |
20 | (1) Upon receipt of an application for certification, the director shall notify and afford the | |
21 | public an opportunity to comment upon the application. | |
22 | (2) A health care plan will meet the requirements of certification, subsection (b) by | |
23 | providing information required in subsection (b) to any state or federal agency in conformance with | |
24 | any other applicable state or federal law, or in conformity with standards adopted by an accrediting | |
25 | organization provided that the director determines that the information is substantially similar to | |
26 | the previously mentioned requirements and is presented in a format that provides a meaningful | |
27 | comparison between health plans. | |
28 | (3) All health plans shall be required to establish a mechanism, under which providers, | |
29 | including local providers participating in the plan, provide input into the plan's health care policy, | |
30 | including technology, medications and procedures, utilization review criteria and procedures, | |
31 | quality and credentialing criteria, and medical management procedures. | |
32 | (4) All health plans shall be required to establish a mechanism under which local individual | |
33 | subscribers to the plan provide input into the plan's procedures and processes regarding the delivery | |
34 | of health care services. | |
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| |
1 | (5) A health plan shall not refuse to contract with or compensate for covered services an | |
2 | otherwise eligible provider or non-participating provider solely because that provider has in good | |
3 | faith communicated with one or more of his or her patients regarding the provisions, terms or | |
4 | requirements of the insurer's products as they relate to the needs of that provider's patients. | |
5 | (6) (i) All health plans shall be required to publicly notify providers within the health plans' | |
6 | geographic service area of the opportunity to apply for credentials. This notification process shall | |
7 | be required only when the plan contemplates adding additional providers and may be specific as to | |
8 | geographic area and provider specialty. Any provider not selected by the health plan may be placed | |
9 | on a waiting list. | |
10 | (ii) This credentialing process shall begin upon acceptance of an application from a | |
11 | provider to the plan for inclusion. | |
12 | (iii) Each application shall be reviewed by the plan's credentialing body. | |
13 | (iv) All health plans shall develop and maintain credentialing criteria to be utilized in | |
14 | adding providers from the plans' network. Credentialing criteria shall be based on input from | |
15 | providers credentialed in the plan and these standards shall be available to applicants. When | |
16 | economic considerations are part of the decisions, the criteria must be available to applicants. Any | |
17 | economic profiling must factor the specialty utilization and practice patterns and general | |
18 | information comparing the applicant to his or her peers in the same specialty will be made available. | |
19 | Any economic profiling of providers must be adjusted to recognize case mix, severity of illness, | |
20 | age of patients and other features of a provider's practice that may account for higher than or lower | |
21 | than expected costs. Profiles must be made available to those so profiled. | |
22 | (7) A health plan shall not exclude a provider of covered services from participation in its | |
23 | provider network based solely on: | |
24 | (i) The provider's degree or license as applicable under state law; or | |
25 | (ii) The provider of covered services lack of affiliation with, or admitting privileges at a | |
26 | hospital, if that lack of affiliation is due solely to the provider's type of license. | |
27 | (8) Health plans shall not discriminate against providers solely because the provider treats | |
28 | a substantial number of patients who require expensive or uncompensated medical care. | |
29 | (9) The applicant shall be provided with all reasons used if the application is denied. | |
30 | (10) Plans shall not be allowed to include clauses in physician or other provider contracts | |
31 | that allow for the plan to terminate the contract "without cause"; provided, however, cause shall | |
32 | include lack of need due to economic considerations. | |
33 | (11) (i) There shall be due process for non-institutional providers for all adverse decisions | |
34 | resulting in a change of privileges of a credentialed non-institutional provider. The details of the | |
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| |
1 | health plan's due process shall be included in the plan's provider contracts. | |
2 | (ii) A health plan is deemed to have met the adequate notice and hearing requirement of | |
3 | this section with respect to a non-institutional provider if the following conditions are met (or are | |
4 | waived voluntarily by the non-institutional provider): | |
5 | (A) The provider shall be notified of the proposed actions and the reasons for the proposed | |
6 | action. | |
7 | (B) The provider shall be given the opportunity to contest the proposed action. | |
8 | (C) The health plan has developed an internal appeals process that has reasonable time | |
9 | limits for the resolution of an internal appeal. | |
10 | (12) If the plan places a provider or provider group at financial risk for services not | |
11 | provided by the provider or provider group, the plan must require that a provider or group has met | |
12 | all appropriate standards of the department of business regulation. | |
13 | (13) A health plan shall not include a most favored rate clause in a provider contract. | |
14 | 23-17.13-4. Penalties and enforcement. | |
15 | (a) The director of the department of health may, in lieu of the suspension or revocation of | |
16 | a license, levy an administrative penalty in an amount not less than five hundred dollars ($500) nor | |
17 | more than fifty thousand dollars ($50,000), if reasonable notice, in writing, is given of the intent to | |
18 | levy the penalty and the particular health organization has a reasonable time in which to remedy | |
19 | the defect in its operations which gave rise to the penalty citation. The director of health may | |
20 | augment this penalty by an amount equal to the sum that the director calculates to be the damages | |
21 | suffered by enrollees or other members of the public. | |
22 | (b) Any person who knowingly and willfully violates this chapter shall be guilty of a | |
23 | misdemeanor and may be punished by a fine not to exceed five hundred dollars ($500) or by | |
24 | imprisonment for a period not exceeding one year, or both. | |
25 | (c) (1) If the director of health shall for any reason have cause to believe that any violation | |
26 | of this chapter has occurred or is threatened, the director of health may give notice to the particular | |
27 | health organization and to their representatives, or other persons who appear to be involved in the | |
28 | suspected violation, to arrange a conference with the alleged violators or their authorized | |
29 | representatives for the purpose of attempting to ascertain the facts relating to the suspected | |
30 | violation, and, in the event it appears that any violation has occurred or is threatened, to arrive at | |
31 | an adequate and effective means of correcting or preventing the violation; | |
32 | (2) Proceedings under this subsection shall be governed by chapter 35 of title 42. | |
33 | (d) (1) The director of health may issue an order directing a particular health organization | |
34 | or a representative of that health organization to cease and desist from engaging in any act or | |
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| |
1 | practice in violation of the provisions of this chapter; | |
2 | (2) Within thirty (30) days after service of the order to cease and desist, the respondent may | |
3 | request a hearing on the question of whether acts or practices in violation of this chapter have | |
4 | occurred. Those hearings shall be conducted pursuant to §§ 42-35-9 through 42-35-13, and judicial | |
5 | review shall be available as provided by §§ 42-35-15 and 42-35-16. | |
6 | (e) In the case of any violation of the provisions of this chapter, if the director of health | |
7 | elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist | |
8 | order issued pursuant to subsection (d), the director of health may institute a proceeding to obtain | |
9 | injunctive relief, or seeking other appropriate relief, in the superior court for the county of | |
10 | Providence. | |
11 | 23-17.13-5. Severability. | |
12 | If any section, clause, or provision of this chapter shall be held either unconstitutional or | |
13 | ineffective in whole or in part to the extent that it is not unconstitutional or ineffective, it shall be | |
14 | valid and effective and no other section, clause or provision shall on account thereof be termed | |
15 | invalid or ineffective. | |
16 | 23-17.13-6. Contracts with providers for dental services. | |
17 | (a) No contract between a dental plan of a health care entity and a dentist for the provision | |
18 | of services to patients may require that a dentist provide services to its subscribers at a fee set by | |
19 | the health care entity unless said services are covered services under the applicable subscriber | |
20 | agreement. "Covered services," as used herein, means services reimbursable under the applicable | |
21 | subscriber agreement, subject to such contractual limitations on subscriber benefits as may apply, | |
22 | including, for example, deductibles, waiting period or frequency limitations. | |
23 | (b) For the purposes of this section "dental plan" shall include any policy of insurance | |
24 | which is issued by a health care entity which provides for coverage of dental services not in | |
25 | connection with a medical plan. | |
26 | 23-17.13-7. Contracts with providers and optometric services. | |
27 | (a) No contract between an eye care provider and a company offering accident and sickness | |
28 | insurance as defined in chapter 18 of title 27; a nonprofit medical service corporation as defined in | |
29 | chapter 20 of title 27; or a health maintenance organization as defined in chapter 41 of title 27; or | |
30 | a vision plan, may require that an eye care provider provide services or materials to its subscribers | |
31 | at a fee set by the insurer or vision plan unless the insurer or vision plan compensates the eye care | |
32 | provider for the provision of such services or materials to the patient. Reimbursement paid by the | |
33 | insurer or vision plan for covered services and materials shall not provide nominal reimbursement | |
34 | in order to claim that services and materials are covered services. | |
|
| |
1 | (b) (1) "Services" means services and materials for which reimbursement from the vision | |
2 | plan is provided for by an enrollee's plan contract, or for which a reimbursement would be available | |
3 | but for the application of the enrollee's contractual limitations of deductibles, copayments, or | |
4 | coinsurance. | |
5 | (2) "Materials" means and includes, but is not limited to, lenses, devices containing lenses, | |
6 | prisms, lens treatments and coatings, contact lenses, orthoptics, vision training, and prosthetic | |
7 | devices to correct, relieve, or treat defects or abnormal conditions of the human eye or its adnexa. | |
8 | (3) "Eye care provider" means an optometrist, optician, or ophthalmologist. | |
9 | SECTION 3. Chapter 23-17.18 of the General Laws entitled "Health Plan Modification | |
10 | Act" is hereby repealed in its entirety. | |
11 | CHAPTER 23-17.18 | |
12 | Health Plan Modification Act | |
13 | 23-17.18-1. Modification of health plans. | |
14 | (a) A health plan may materially modify the terms of a participating agreement it maintains | |
15 | with a physician only if the plan disseminates in writing by mail to the physician the contents of | |
16 | the proposed modification and an explanation, in nontechnical terms, of the modification's impact. | |
17 | (b) The health plan shall provide the physician an opportunity to amend or terminate the | |
18 | physician contract with the health plan within sixty (60) days of receipt of the notice of | |
19 | modification. Any termination of a physician contract made pursuant to this section shall be | |
20 | effective fifteen (15) calendar days from the mailing of the notice of termination in writing by mail | |
21 | to the health plan. The termination shall not affect the method of payment or reduce the amount of | |
22 | reimbursement to the physician by the health plan for any patient in active treatment for an acute | |
23 | medical condition at the time the patient's physician terminates his, her, or its physician contract | |
24 | with the health plan until the active treatment is concluded or, if earlier, one year after the | |
25 | termination; and, with respect to the patient, during the active treatment period the physician shall | |
26 | be subject to all the terms and conditions of the terminated physician contract, including but not | |
27 | limited to, all reimbursement provisions which limit the patient's liability. | |
28 | (c) Nothing in this section shall apply to accident-only, specified disease, hospital | |
29 | indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health | |
30 | insurance policies. | |
31 | SECTION 4. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by | |
32 | adding thereto the following chapter: | |
33 | CHAPTER 18.8 | |
34 | HEALTH CARE ACCESSIBILITY AND QUALITY ASSURANCE ACT | |
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| |
1 | 27-18.8-1. Purpose. | |
2 | The legislature declares that: | |
3 | (1) It is in the best interest of the public that those individuals and health care entities | |
4 | involved with the delivery of health plan coverage in our state meet the standards of this chapter to | |
5 | ensure accessibility and quality for the state's patients; | |
6 | (2) Nothing in this legislation is intended to prohibit a health care entity from forming | |
7 | limited networks of providers; and | |
8 | (3) It is a vital state function to establish these standards for the conduct of health care | |
9 | entities in Rhode Island and for public health well-being; and | |
10 | (4) Nothing in this chapter is intended to prohibit or discourage the health insurance | |
11 | commissioner from consulting or collaborating with the department of health, or any other state or | |
12 | federal agency, to the extent the commissioner in his or her discretion determines such consultation | |
13 | and or collaboration is necessary and or appropriate for the administration and enforcement of this | |
14 | chapter. | |
15 | 27-18.8-2. Definitions. | |
16 | As used in this chapter: | |
17 | (1) "Adverse benefit determination" means a decision not to authorize a health care service, | |
18 | including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole | |
19 | or in part, for a benefit. A decision by a utilization review agent to authorize a health care service | |
20 | in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute | |
21 | an adverse determination if the review agent and provider are in agreement regarding the decision. | |
22 | Adverse benefit determinations include: | |
23 | (i) "Administrative adverse benefit determinations," meaning any adverse benefit | |
24 | determination that does not require the use of medical judgment or clinical criteria such as a | |
25 | determination of an individual's eligibility to participate in coverage, a determination that a benefit | |
26 | is not a covered benefit, or any rescission of coverage; and | |
27 | (ii) "Non-administrative adverse benefit determinations," meaning any adverse benefit | |
28 | determination that requires or involves the use of medical judgement or clinical criteria to | |
29 | determine whether the service reviewed is medically necessary and/or appropriate. This includes | |
30 | the denial of treatments determined to be experimental or investigational, and any denial of | |
31 | coverage of a prescription drug because that drug is not on the health care entity's formulary. | |
32 | (2) "Appeal" or "internal appeal" means a subsequent review of an adverse benefit | |
33 | determination upon request by a claimant to include the beneficiary or provider to reconsider all or | |
34 | part of the original adverse benefit determination. | |
|
| |
1 | (3) "Authorized representative" means an individual acting on behalf of the beneficiary and | |
2 | shall include the ordering provider, any individual to whom the beneficiary has given express | |
3 | written consent to act on his or her behalf, a person authorized by law to provide substituted consent | |
4 | for the beneficiary and, when the beneficiary is unable to provide consent, a family member of the | |
5 | beneficiary. | |
6 | (4) "Beneficiary" means a policy holder subscriber, enrollee, or other individual | |
7 | participating in a health benefit plan. | |
8 | (5) "Benefit determination" means a decision to approve or deny a request to provide or | |
9 | make payment for a health care service. | |
10 | (6) "Certificate" means a certificate granted by the commissioner to a health care entity | |
11 | meeting the requirements of this act. | |
12 | (7) "Commissioner" means the commissioner of the office of the health insurance | |
13 | commissioner. | |
14 | (8) "Complaint" means an oral or written expression of dissatisfaction by a beneficiary, | |
15 | authorized representative or provider. The appeal of an adverse benefit determination is not | |
16 | considered a complaint. | |
17 | (9) "Delegate" means a person or entity authorized pursuant to a delegation of authority or | |
18 | directly or re-delegation of authority, by a health care entity or network plan to perform one or | |
19 | more of the functions and responsibilities of a health care entity and/or network plan set forth in | |
20 | this Act or regulations or guidance promulgated thereunder. | |
21 | (10) "Emergency services" or "emergent services" means those resources provided in the | |
22 | event of the sudden onset of a medical, behavioral health or other health condition that the absence | |
23 | of immediate medical attention could reasonably be expected, by a prudent layperson, to result in | |
24 | placing the patient's health in serious jeopardy, serious impairment to bodily or mental functions, | |
25 | or serious dysfunction of any bodily organ or part. | |
26 | (11) "Health benefit plan" or "health plan" means a policy, contract, certificate or | |
27 | agreement entered into, offered or issued by a health care entity to provide, deliver, arrange for, | |
28 | pay for or reimburse any of the costs of health care services. | |
29 | (12) "Health care entity" means an insurance company licensed, or required to be licensed, | |
30 | by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the | |
31 | jurisdiction of the department of business regulation that contracts or offers to contract, or enters | |
32 | into an agreement to provide, deliver, arrange for, pay for or reimburse any of the costs of health | |
33 | care services, including without limitation, a for-profit or nonprofit hospital, medical or dental | |
34 | service corporation or plan, a health maintenance organization, a health insurance company, or any | |
|
| |
1 | other entity providing health insurance, accident and sickness insurance, health benefits or health | |
2 | care services. | |
3 | (13) "Health care services" means and includes, but is not limited to, an admission, | |
4 | diagnostic procedure, therapeutic procedure, treatment, extension of stay, the ordering and/or filling | |
5 | of formulary or non-formulary medications, and any other medical, behavioral, dental, vision care | |
6 | services, activities, or supplies that are covered by the beneficiary's health benefit plan. | |
7 | (14) "Most favored rate clause" means a provision in a provider contract whereby the rates | |
8 | or fees to be paid by a health care entity are fixed, established, or adjusted to be equal to or lower | |
9 | than the rates or fees paid to the provider by any other health care entity. | |
10 | (15) "Network" means the group or groups of participating providers providing health care | |
11 | services under a network plan. | |
12 | (16) "Network Plan" means a health benefit plan or health plan that either requires a | |
13 | beneficiary to use, or creates incentives, including financial incentives, for a beneficiary to use the | |
14 | providers managed, owned, under contract with or employed by the health care entity. | |
15 | (17) "Office" means the office of the health insurance commissioner. | |
16 | (18) "Professional provider" means an individual provider or health care professional | |
17 | licensed, accredited, or certified to perform specified health care services consistent with state law | |
18 | and who provides these health care services and is not part of a separate facility or institutional | |
19 | contract. | |
20 | (19) "Provider" means a physician, hospital, professional provider, pharmacy, laboratory, | |
21 | dental, medical or behavioral health provider, or other state licensed or other state recognized | |
22 | provider of health care or behavioral health services or supplies. | |
23 | (20) "Tiered network" means a network that identifies and groups some or all types of | |
24 | providers into specific groups to which different provider reimbursement, beneficiary cost-sharing | |
25 | or provider access requirements, or any combination thereof, apply for the same services. | |
26 | 27-18.8-3. Certification of network plans. | |
27 | (a) Certification and Recertification Process. | |
28 | (1) A health care entity operating a network plan shall not enroll consumers into its plan | |
29 | unless the office has certified the network plan meeting the requirements herein. | |
30 | (2) The commissioner shall act upon the health care entities' completed applications for | |
31 | certification of network plans, as determined by the commissioner, within ninety (90) calendar days | |
32 | of receipt of such applications for certification. | |
33 | (3) To ensure compliance, the commissioner shall establish procedures for the periodic | |
34 | review and recertification of network plans at least every three (3) years provided, however, that | |
|
| |
1 | the commissioner may review the certification a network plan at any time and/or may require | |
2 | periodic compliance attestation from a health care entity if, in the commissioner's discretion, he or | |
3 | she deems it appropriate to do so. | |
4 | (4) Cost of certification. The total cost of obtaining and maintaining a certificate under this | |
5 | title and in compliance with the requirements of the applicable rules and regulations shall be borne | |
6 | by the applicant and shall include one hundred fifty percent (150%) of the total salaries paid to the | |
7 | personnel engaged in certifications and ensuring compliance with the requirements herein and the | |
8 | applicable rules and regulations. These monies shall be paid to the commissioner to and for the use | |
9 | of the office and shall be in addition to any taxes and fees otherwise payable to the state. | |
10 | (b) General requirements. The commissioner shall establish standards and procedures for | |
11 | the certification of network plans that have demonstrated the ability to ensure that health care | |
12 | services will be provided in a manner to assure availability and accessibility, adequate personnel | |
13 | and facilities, and continuity of service, and have demonstrated arrangements for ongoing quality | |
14 | assurance programs regarding care processes and outcomes. These standards shall consist of, but | |
15 | are not limited to, the following: | |
16 | (1) As to each network plan, a health care entity must demonstrate it has a mechanism for | |
17 | beneficiaries and providers to appeal and grieve decisions and actions of the network plan and/or | |
18 | health care entity, including decisions or actions made by a delegate of the health care entity in | |
19 | relation to the network plan; | |
20 | (2) As to each network plan, a health care entity must maintain a comprehensive list of | |
21 | participating providers that meets the requirements herein and provides additional information | |
22 | relevant to network adequacy; | |
23 | (3) In the event of any substantial systemic changes in the health care entity, network plan | |
24 | or any relevant delegate's certification information on file with the office, the health care entity | |
25 | shall submit notice and explanation of this change for approval by the commissioner at least thirty | |
26 | (30) calendar days prior to implementation of any such change; | |
27 | (4) As to each network plan, a health care entity shall maintain a complaint resolution | |
28 | process acceptable to the office, whereby beneficiaries, their authorized representatives, their | |
29 | physicians, or other health care providers may seek resolution of complaints and other matters of | |
30 | which the health care entity has received oral or written notice; | |
31 | (5) As to each network plan, a health care entity shall be required to establish a mechanism, | |
32 | under which providers, including local providers participating in the network plans, provide input | |
33 | into the plan's health care policy, including technology, medications and procedures, utilization | |
34 | review criteria and procedures, quality and credentialing criteria, and medical management | |
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| |
1 | procedures; | |
2 | (6) As to each network plan, a health care entity shall be required to establish a mechanism | |
3 | under which beneficiaries provide input into the health care entity's procedures and processes | |
4 | regarding the delivery of health care services; and | |
5 | (7) As to each network plan, a health care entity must maintain a process, policies and | |
6 | procedures for the modification of formularies to include notices to beneficiaries and providers | |
7 | when formularies change in accordance with all state and federal laws. | |
8 | (c) Network requirements. For each network plan, health care entities must ensure the | |
9 | following requirements are met: | |
10 | (1) Maintain access to professional, facility and other providers sufficient to provide | |
11 | coverage in a timely manner, of the benefits covered in the network plan and in a manner to assure | |
12 | that all covered services will be accessible without unreasonable delay; | |
13 | (2) Establish a process acceptable to the commissioner to monitor the status of each | |
14 | network plan's network adequacy not less frequently than quarterly; | |
15 | (3) Establish and maintain a transition of care policy and process when a network has been | |
16 | narrowed, tiered, and/or providers (facilities and professional) have terminated contracts with the | |
17 | health care entity for that network plan; | |
18 | (4) Establish a mechanism to provide the beneficiaries and consumers with up to date | |
19 | information on providers, in a form acceptable to the commissioner, to include: | |
20 | (i) Location by city, town, county; | |
21 | (ii) Specialty practice areas; | |
22 | (iii) Affiliations/Admission Privileges with facilities, including whether those facilities are | |
23 | in-network facilities; and | |
24 | (iv) Whether the provider is accepting new patients. | |
25 | (d) Contracting and credentialing requirements. | |
26 | (1) A health care entity shall not refuse to contract with or compensate for covered services | |
27 | an otherwise eligible provider or non-participating provider solely because that provider has, in | |
28 | good faith, communicated with one or more of their patients regarding the provisions, terms, or | |
29 | requirements of the health care entity's products as they relate to the needs of that provider's | |
30 | patients. | |
31 | (2) The health care entity or network plan provider contracting and credentialing process | |
32 | shall include the following: | |
33 | (i) This credentialing process shall begin upon acceptance of a completed application from | |
34 | a provider to the health care entity or network plan for inclusion; | |
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| |
1 | (ii) Each application shall be reviewed by the health care entity's or network plan's | |
2 | credentialing body; and | |
3 | (iii) All health care entities or network plans shall develop and maintain credentialing | |
4 | criteria to be utilized in adding to provider networks. Credentialing criteria shall be based on input | |
5 | from providers credentialed in the health care entity or network plan and these standards shall be | |
6 | available to applicants. When economic considerations are part of the decisions, the criteria must | |
7 | be available to applicants. Any economic profiling must factor the specialty, utilization and practice | |
8 | patterns and general information comparing the applicant to their peers in the same specialty will | |
9 | be made available. Any economic profiling of providers must be adjusted to recognize case mix, | |
10 | severity of illness, age of patients and other features of a provider's practice that may account for | |
11 | higher than or lower than expected costs. Profiles must be made available to those so profiled. | |
12 | (3) A health care entity or network plan shall not exclude a professional provider of covered | |
13 | services from participation in its provider network based solely on: | |
14 | (i) The professional provider's degree or license as applicable under state law; or | |
15 | (ii) The professional provider of covered services lack of affiliation with, or admitting | |
16 | privileges at a hospital, if that lack of affiliation is due solely to the professional provider's type of | |
17 | license. | |
18 | (4) As to any network plan, health care entities shall not discriminate against providers | |
19 | solely because the provider treats a substantial number of patients who require expensive or | |
20 | uncompensated medical care. | |
21 | (5) The applicant shall be provided with all reasons used if the application is denied. | |
22 | (6) Health care entities or network plans shall not be allowed to include clauses in physician | |
23 | or other provider contracts that allow for the health care entity or network plan to terminate the | |
24 | contract "without cause"; provided, however, cause shall include lack of need due to economic | |
25 | considerations. | |
26 | (7) There shall be due process for professional providers for all adverse decisions resulting | |
27 | in a change of privileges or contractual language of a credentialed professional provider. | |
28 | (i) The details of the health care entity or network plan's due process shall be included in | |
29 | the professional provider contracts. | |
30 | (ii) A health care entity or network plan is deemed to have met the adequate notice and | |
31 | hearing requirement of this section with respect to a professional provider if the following | |
32 | conditions are met (or are waived voluntarily by the professional provider): | |
33 | (A) The professional provider shall be notified of the proposed actions and the reasons for | |
34 | the proposed action; | |
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1 | (B) The professional provider shall be given the opportunity to contest the proposed action; | |
2 | and | |
3 | (C) The health care entity has developed an appeals process that has reasonable time limits | |
4 | for the resolution of the appeal. | |
5 | (8) A health care entity or network plan shall not include a most favored rate clause in a | |
6 | provider contract. | |
7 | (9) A health entity or network plan may materially modify the terms of a participating | |
8 | agreement it maintains with a professional provider only if it disseminates, in writing, by mail or | |
9 | by electronic means to the professional provider, the contents of the proposed modification and an | |
10 | explanation, in non-technical terms, of the modification's impact. | |
11 | (10) The health care entity or network plan shall provide the professional provider an | |
12 | opportunity to amend or terminate the professional provider contract within sixty (60) calendar | |
13 | days of receipt of the notice of modification. Any termination of a professional provider contract | |
14 | made pursuant to this section shall be effective fifteen (15) calendar days from the mailing of the | |
15 | notice of termination, in writing, by mail to the health care entity or network plan. The termination | |
16 | shall not affect the method of payment or reduce the amount of reimbursement to the professional | |
17 | provider by the health care entity or network plan for any beneficiary in active treatment for an | |
18 | acute medical condition at the time the beneficiary's professional provider terminates their | |
19 | professional provider contract with the health care entity or network plan until the active treatment | |
20 | is concluded or, if earlier, one year after the termination; and, with respect to the beneficiary, during | |
21 | the active treatment period the professional provider shall be subject to all the terms and conditions | |
22 | of the terminated professional provider contract, including, but not limited to, all reimbursement | |
23 | provisions which limit the beneficiary's liability. | |
24 | 27-18.8-4. Contracts with providers for dental services. | |
25 | (a) No contract between a dental plan of a health care entity and a dentist for the provision | |
26 | of services to beneficiaries may require that a dentist provide services to its patients at a fee set by | |
27 | the health care entity unless said services are covered services under the applicable subscriber | |
28 | agreement. "Covered services," as used herein, means services reimbursable under the applicable | |
29 | beneficiary agreement, subject to such contractual limitations on beneficiary benefits as may apply, | |
30 | including, for example, deductibles, waiting period or frequency limitations. | |
31 | 27-18.8-5. Contracts with providers and optometric services. | |
32 | (a) No contract between an eye care provider and a health care entity or vision plan may | |
33 | require that an eye care provider provide services or materials to its beneficiaries at a fee set by the | |
34 | insurer or vision plan, unless the insurer or vision plan compensates the eye care provider for the | |
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| |
1 | provision of such services or materials to the beneficiary. Reimbursement paid by the insurer or | |
2 | vision plan for covered services and materials shall not provide nominal reimbursement in order to | |
3 | claim that services and materials are covered services. | |
4 | (b)(1) "Services" means services and materials for which reimbursement from the vision | |
5 | plan is provided for by a beneficiary's plan contract, or for which a reimbursement would be | |
6 | available but for the application of the beneficiary's contractual limitations of deductibles, | |
7 | copayments, or coinsurance. | |
8 | (2) "Materials" means and includes, but is not limited to, lenses, devices containing lenses, | |
9 | prisms, lens treatments and coatings, contact lenses, orthoptics, vision training, and prosthetic | |
10 | devices to correct, relieve, or treat defects or abnormal conditions of the human eye or its adnexa. | |
11 | (3) "Eye care provider" means an optometrist, optician, or ophthalmologist. | |
12 | 27-18.8-6. Reporting requirements. | |
13 | The office shall establish reporting requirements to determine if health care entities and/or | |
14 | network plans are in compliance with the provisions of this chapter and applicable regulations as | |
15 | well as in compliance with applicable federal law. | |
16 | 27-18.8-7. Rules and regulations. | |
17 | The health insurance commissioner may promulgate such rules and regulations as are | |
18 | necessary and proper to effectuate the purpose and for the efficient administration and enforcement | |
19 | of this chapter. | |
20 | 27-18.8-8. Denial, suspension, or revocation of certificate. | |
21 | Adopted pursuant to this chapter; | |
22 | (a) The office may deny a certificate or certification upon review of the application if, upon | |
23 | review of the application, it finds that the applicant proposing to establish a network plan does not | |
24 | meet the standards required by this chapter or by any regulations promulgated pursuant to this | |
25 | chapter. | |
26 | (b) The office may revoke or suspend a certificate or certification and/or impose monetary | |
27 | penalties not less than one hundred dollars ($100) and not to exceed fifty thousand dollars ($50,000) | |
28 | per violation and/or impose an order requiring a monetary restitution or disgorgement payment in | |
29 | an amount determined by the commissioner to reasonably reflect the amount of damages caused or | |
30 | monies improperly obtained in any case in which: | |
31 | (1) The network plan and or health care entity fails to comply with the requirements of this | |
32 | chapter or of regulations; | |
33 | (2) The network plan and or health care entity fails to comply with the criteria used by it | |
34 | in its application for a certificate or certification; or | |
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| |
1 | (3) The network plan and/or health care entity refuses to permit or fails to reasonably | |
2 | cooperate with an examination by the commissioner to determine compliance with the requirements | |
3 | of this chapter and regulations promulgated pursuant to the authority granted to the commissioner | |
4 | in this chapter. These determinations may involve consideration of any written grievances filed | |
5 | with the office against the network plan or health care entity by patients or providers. | |
6 | (c) Any applicant for certification or certificate holder aggrieved by an order or a decision | |
7 | of the commissioner made under this chapter without a hearing may, within thirty (30) days after | |
8 | notice of the order or decision, make a written request to the office for a hearing on the order or | |
9 | decision pursuant to §42-35-15. | |
10 | (d) The procedure governing hearings authorized by this section shall be in accordance | |
11 | with §§42-35-9 through 42-35-13 as stipulated in §42-35-14(a). A full and complete record shall | |
12 | be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless | |
13 | the decision is appealed pursuant to §42-35-15. A copy or copies of the transcript may be obtained | |
14 | by any interested party upon payment of the cost of preparing the copy or copies. Witnesses may | |
15 | be subpoenaed by either party. | |
16 | 27-18.8-9. Penalties and enforcement. | |
17 | For the purposes of this chapter, in addition to the provisions of §27-18.8-8, a health care | |
18 | entity or any person or entity conducting any activities requiring certification under this chapter | |
19 | shall be subject to the penalty and enforcement provisions of title 27 and chapters 14 and 14.5 of | |
20 | title 42 and the regulations promulgated thereunder in the same manner as a licensee or any person | |
21 | or entity conducting any activities requiring licensure or certification under title 27. | |
22 | 27-18.8-10. Severability. | |
23 | If any section, clause, or provision of this chapter shall be held either unconstitutional or | |
24 | ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be | |
25 | valid and effective and no other section, clause or provision shall on account thereof be termed | |
26 | invalid or ineffective. | |
27 | SECTION 5. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by | |
28 | adding thereto the following chapter: | |
29 | CHAPTER 18.9 | |
30 | BENEFIT DETERMINATION AND UTILIZATION REVIEW ACT | |
31 | 27-18.9-1. Purpose of chapter. | |
32 | (a) The purpose of this chapter is to: | |
33 | (1) Promote the delivery of quality health care in a cost effective manner; | |
34 | (2) Foster greater coordination between health care providers, patients, health care entities, | |
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| |
1 | health benefit plans and utilization review entities to ensure public health well-being; | |
2 | (3) Protect beneficiaries, businesses, and providers by ensuring that review agents are | |
3 | qualified to perform review activities and to make informed decisions on the medical necessity and | |
4 | appropriateness of medical care; | |
5 | (4) Ensure that review agents maintain the confidentiality of medical records in accordance | |
6 | with applicable state and federal laws; and | |
7 | (5) Interface and maintain compliance with federal benefit determination and adverse | |
8 | benefit determination requirements. | |
9 | (b) Nothing in this chapter is intended to prohibit or discourage the health insurance | |
10 | commissioner from consulting or collaborating with the department of health, or any other state or | |
11 | federal agency, to the extent the commissioner in his or her discretion determines such consultation | |
12 | and or collaboration is necessary and or appropriate for the administration and enforcement of this | |
13 | chapter. | |
14 | 27-18.9-2. Definitions. | |
15 | As used in this chapter, the following terms are defined as follows: | |
16 | (1) "Adverse benefit determination" means a decision not to authorize a health care service, | |
17 | including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole | |
18 | or in part, for a benefit. A decision by a utilization review agent to authorize a health care service | |
19 | in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute | |
20 | an adverse determination if the review agent and provider are in agreement regarding the decision. | |
21 | Adverse benefit determinations include: | |
22 | (i) "Administrative adverse benefit determinations," meaning any adverse benefit | |
23 | determination that does not require the use of medical judgment or clinical criteria such as a | |
24 | determination of an individual's eligibility to participate in coverage, a determination that a benefit | |
25 | is not a covered benefit, or any rescission of coverage; and | |
26 | (ii) "Non-administrative adverse benefit determinations," meaning any adverse benefit | |
27 | determination that requires or involves the use of medical judgement or clinical criteria to | |
28 | determine whether the service being reviewed is medically necessary and/or appropriate. This | |
29 | includes the denial of treatments determined to be experimental or investigational, and any denial | |
30 | of coverage of a prescription drug because that drug is not on the health care entity's formulary. | |
31 | (2) "Appeal" or "internal appeal" means a subsequent review of an adverse benefit | |
32 | determination upon request by a claimant to include the beneficiary or provider to reconsider all or | |
33 | part of the original adverse benefit determination. | |
34 | (3) "Authorization" means a review by a review agent, performed according to this Act, | |
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| |
1 | concluding that the allocation of health care services ordered by a provider, given or proposed to | |
2 | be given to a beneficiary, was approved or authorized. | |
3 | (4) "Authorized representative" means an individual acting on behalf of the beneficiary and | |
4 | shall include the ordering provider, any individual to whom the beneficiary has given express | |
5 | written consent to act on his or her behalf, a person authorized by law to provide substituted consent | |
6 | for the beneficiary and, when the beneficiary is unable to provide consent, a family member of the | |
7 | beneficiary. | |
8 | (5) "Beneficiary" means a policy holder subscriber, enrollee or other individual | |
9 | participating in a health benefit plan. | |
10 | (6) "Benefit determination" means a decision to approve or deny a request to provide or | |
11 | make payment for a health care service or treatment. | |
12 | (7) "Certificate" means a certificate granted by the commissioner to a review agent meeting | |
13 | the requirements of this act. | |
14 | (8) "Claim" means a request for plan benefit(s) made by a claimant in accordance with the | |
15 | health care entity's reasonable procedures for filing benefit claims. This shall include pre-service, | |
16 | concurrent and post-service claims. | |
17 | (9) "Claimant" means a health care entity participant, beneficiary, and/or authorized | |
18 | representative who makes a request for plan benefit(s). | |
19 | (10) "Commissioner" means the health insurance commissioner. | |
20 | (11) "Complaint" means an oral or written expression of dissatisfaction by a beneficiary, | |
21 | authorized representative, or a provider. The appeal of an adverse benefit determination is not | |
22 | considered a complaint. | |
23 | (12) "Concurrent assessment" means an assessment of health care services conducted | |
24 | during a beneficiary's hospital stay, course of treatment or services over a period of time or for the | |
25 | number of treatments. If the medical problem is ongoing, this assessment may include the review | |
26 | of services after they have been rendered and billed. | |
27 | (13) "Concurrent claim" means a request for a plan benefit(s) by a claimant that is for an | |
28 | ongoing course of treatment or services over a period of time or for the number of treatments. | |
29 | (14) "Delegate" means a person or entity authorized pursuant to a delegation of authority | |
30 | or re-delegation of authority, by a health care entity or network plan to perform one or more of the | |
31 | functions and responsibilities of a health care entity and/or network plan set forth in this Act or | |
32 | regulations or guidance promulgated thereunder. | |
33 | (15) "Emergency services" or "emergent services" means those resources provided in the | |
34 | event of the sudden onset of a medical, behavioral health or other health condition that the absence | |
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1 | of immediate medical attention could reasonably be expected, by a prudent layperson, to result in | |
2 | placing the patient's health in serious jeopardy, serious impairment to bodily or mental functions, | |
3 | or serious dysfunction of any bodily organ or part. | |
4 | (16) "External review" means a review of a non-administrative adverse benefit | |
5 | determination (including final internal adverse benefit determination) conducted pursuant to an | |
6 | applicable external review process performed by an Independent Review Organization | |
7 | (17) "Final internal adverse benefit determination" means an adverse benefit determination | |
8 | that has been upheld by a plan or issuer at the completion of the internal appeals process or when | |
9 | the internal appeals process has been deemed exhausted as defined in §27-18.9-7(b)(1) of this act. | |
10 | (18) "External review decision" means a determination by an independent review | |
11 | organization at the conclusion of the external review. | |
12 | (19) "Health benefit plan" or "health plan" means a policy, contract, certificate or | |
13 | agreement entered into, offered or issued by a health care entity to provide, deliver, arrange for, | |
14 | pay for or reimburse any of the costs of health care services. | |
15 | (20) "Health care entity" means an insurance company licensed, or required to be licensed, | |
16 | by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the | |
17 | jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts | |
18 | or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for or | |
19 | reimburse any of the costs of health care services, including without limitation, a for-profit or | |
20 | nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, | |
21 | a health insurance company, or any other entity providing a plan of health insurance, accident and | |
22 | sickness insurance, health benefits or health care services. | |
23 | (21) "Health care services" means and includes, but is not limited to, an admission, | |
24 | diagnostic procedure, therapeutic procedure, treatment, extension of stay, the ordering and/or filling | |
25 | of formulary or non-formulary medications, and any other medical, behavioral, dental, vision care | |
26 | services, activities, or supplies that are covered by the beneficiary's health benefit plan. | |
27 | (22) "Independent review organization" or "IRO" means an entity that conducts | |
28 | independent external reviews of adverse benefit determinations or final internal adverse benefit | |
29 | determinations. | |
30 | (23) "Network" means the group or groups of participating providers providing health care | |
31 | services under a network plan. | |
32 | (24) "Network plan" means a health benefit plan or health plan that either requires a | |
33 | beneficiary to use, or creates incentives, including financial incentives, for a beneficiary to use the | |
34 | providers managed, owned, under contract with or employed by the health care entity. | |
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1 | (25) "Office" means the office of the health insurance commissioner. | |
2 | (26) "Professional provider" means an individual provider or health care professional | |
3 | licensed, accredited, or certified to perform specified health care services consistent with state law | |
4 | and who provides health care services and is not part of a separate facility or institutional contract. | |
5 | (27) "Prospective assessment" and/or "pre-service assessment" mean an assessment of | |
6 | health care services prior to services being rendered. | |
7 | (28) "Pre-service claim" means the request for a plan benefit(s) by a claimant prior to a | |
8 | services being rendered and is not considered a concurrent claim. | |
9 | (29) "Provider" means a physician, hospital, professional provider, pharmacy, laboratory, | |
10 | dental, medical or behavioral health provider or other state licensed or other state recognized | |
11 | provider of health care or behavioral health services or supplies. | |
12 | (30) "Retrospective assessment" and/or "post service assessment" means an assessment of | |
13 | health care services that have been rendered. This shall not include reviews conducted when the | |
14 | review agency has been obtaining ongoing information. | |
15 | (31) "Retrospective claim" or "post-service claim" means any claim for a health plan | |
16 | benefit that is not a pre-service or concurrent claim. | |
17 | (32) "Review agent" means a person or health care entity performing benefit determination | |
18 | reviews that is either employed by, affiliated with, under contract with, or acting on behalf of a | |
19 | health care entity. | |
20 | (33) "Same or similar specialty" means a practitioner who has the appropriate training and | |
21 | experience that is the same or similar as the attending provider in addition to experience in treating | |
22 | the same problems to include any potential complications as those under review. | |
23 | (34) "Therapeutic interchange" means the interchange or substitution of a drug with a | |
24 | dissimilar chemical structure within the same therapeutic or pharmacological class that can be | |
25 | expected to have similar outcomes and similar adverse reaction profiles when given in equivalent | |
26 | doses, in accordance with protocols approved by the president of the medical staff or medical | |
27 | director and the director of pharmacy. | |
28 | (35) "Tiered network" means a network that identifies and groups some or all types of | |
29 | providers into specific groups to which different provider reimbursement, beneficiary cost-sharing | |
30 | or provider access requirements, or any combination thereof, apply for the same services. | |
31 | (36) "Urgent health care services" includes those resources necessary to treat a | |
32 | symptomatic medical, mental health, substance use or other health care condition that a prudent | |
33 | layperson, acting reasonably would believe necessitates treatment within a twenty-four (24) hour | |
34 | period of the onset of such a condition in order that the patient's health status not decline as a | |
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| |
1 | consequence. This does not include those conditions considered to be emergent health care services | |
2 | as defined in in this section. | |
3 | (37) "Utilization review" means the prospective, concurrent, or retrospective assessment | |
4 | of the medical necessity and/or appropriateness of the allocation of health care services of a | |
5 | provider, given or proposed to be given, to a beneficiary. Utilization review does not include: | |
6 | (i) The therapeutic interchange of drugs or devices by a pharmacy operating as part of a | |
7 | licensed inpatient health care facility; or | |
8 | (ii) The assessment by a pharmacist licensed pursuant to the provisions of chapter 19 of | |
9 | title 5, and practicing in a pharmacy operating as part of a licensed inpatient health care facility, in | |
10 | the interpretation, evaluation and implementation of medical orders, including assessments and/or | |
11 | comparisons involving formularies and medical orders. | |
12 | (38) "Utilization review plan" means a description of the standards governing utilization | |
13 | review activities performed by a review agent. | |
14 | 27-18.9-3. Certification and recertification of review agents. | |
15 | (a) A review agent shall not conduct benefit determination reviews in the state unless the | |
16 | office has granted the review agent a certificate. | |
17 | (b) Individuals shall not be required to hold a separate review agent certification under this | |
18 | chapter when acting as either an employee of, an affiliate of, a contractor for, or otherwise acting | |
19 | on behalf of a certified review agent. | |
20 | (c) The commissioner shall establish a process for the certification of review agents | |
21 | meeting the requirements of certification. | |
22 | (d) The commissioner shall establish procedures for the periodic review and recertification | |
23 | of review agents at least every three (3) years. | |
24 | (e) A certificate issued under this chapter is not transferable, and the transfer of fifty percent | |
25 | (50%) or more of the ownership of a review agent shall be deemed a transfer. | |
26 | (f) The office shall issue a review agent certificate to an applicant that has met the minimum | |
27 | standards defined in this chapter, and regulations promulgated in accordance with it, including the | |
28 | payment of any fees as required, and other applicable regulations of the office. | |
29 | (g) In the event of any systemic changes in the review agent certification information on | |
30 | file with the office, the review agent shall submit notice and explanation of this change for approval | |
31 | by the commissioner at least thirty (30) calendar days prior to implementation of any such change. | |
32 | (h) The total cost of obtaining and maintaining a review agent certification under this title | |
33 | and in compliance with the requirements of the applicable rules and regulations shall be borne by | |
34 | the applicant and shall include one hundred fifty percent (150%) of the total salaries paid to the | |
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| |
1 | personnel engaged in certifications and ensuring compliance with the requirements herein and | |
2 | applicable rules and regulations. These monies shall be paid to the commissioner to and for the use | |
3 | of the office and shall be in addition to any taxes and fees otherwise payable to the state. | |
4 | (i) Notwithstanding any other provision of law, the review agent, the office, and all other | |
5 | parties privy to information which is the subject of this chapter shall comply with all state and | |
6 | federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 (confidentiality of | |
7 | health care communications and information act) and specifically §5-37.3-4(c), which requires | |
8 | limitation on the distribution of information which is the subject of this chapter on a "need to know" | |
9 | basis, and §40.1-5-26. | |
10 | (j) The office may, in response to a complaint or inquiry, review a benefit determination or | |
11 | appeal and may request information of the review agent, provider or beneficiary regarding the | |
12 | status, outcome or rationale regarding any decision. The review agent shall promptly respond to | |
13 | any such requests by the office. | |
14 | (k) The office shall adopt regulations necessary to implement the provisions of this chapter. | |
15 | 27-18.9-4. Application requirements. | |
16 | An application for review agent certification or recertification shall include, but is not | |
17 | limited to, documentation to evidence the following: | |
18 | (a) Administrative and Non-Administrative Benefit Determinations: | |
19 | (1) That the health care entity or its review agent provide beneficiaries and providers with | |
20 | a summary of its benefit determination review programs and adverse benefit determination criteria | |
21 | in a manner acceptable to the commissioner that includes a summary of the standards, procedures | |
22 | and methods to be used in evaluating proposed, concurrent or delivered health care services; | |
23 | (2) The circumstances, if any, under which review agent may be delegated to and evidence | |
24 | that the delegated review agent is a certified review agent pursuant to the requirements of this act; | |
25 | (3) A complaint resolution process acceptable to the commissioner, whereby beneficiaries | |
26 | or other health care providers may seek resolution of complaints and other matters of which the | |
27 | review agent has received notice; | |
28 | (4) Policies and procedures to ensure that all applicable state and federal laws to protect | |
29 | the confidentiality of individual medical records are followed; | |
30 | (5) Requirements that no employee of, or other individual rendering an adverse benefit | |
31 | determination or appeal decision may receive any financial or other incentives based upon the | |
32 | number of denials of certification made by that employee or individual; | |
33 | (6) Evidence that the review agent has not entered into a compensation agreement or | |
34 | contract with its employees or agents whereby the compensation of its employees or its agents is | |
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1 | based, directly or indirectly, upon a reduction of services or the charges for those services, the | |
2 | reduction of length of stay, or use of alternative treatment settings; | |
3 | (7) An adverse benefit determination and internal appeals process consistent with chapter | |
4 | 18.9 of title 27 and acceptable to the office, whereby beneficiaries, their physicians, or other health | |
5 | care service providers may seek prompt reconsideration or appeal of adverse benefit determinations | |
6 | by the review agent according to all state and federal requirements; and | |
7 | (8) That the health care entity or its review agent has a mechanism to provide the | |
8 | beneficiary or claimant with a description of its claims procedures and any procedures for obtaining | |
9 | approvals as a prerequisite for obtaining a benefit or for obtaining coverage for such benefit. This | |
10 | description should at a minimum be placed in the summary of benefits document and available on | |
11 | the review agent's or the relevant health care entity's website and upon request from the claimant, | |
12 | his/her authorized representative and ordering providers. | |
13 | (b) Non-administrative benefit determinations general requirements: | |
14 | (1) Type and qualifications of personnel (employed or under contract) authorized to | |
15 | perform utilization review, including a requirement that only a provider with the same license status | |
16 | as the ordering professional provider or a licensed physician or dentist, is permitted to make a | |
17 | prospective or concurrent utilization review adverse benefit determinations; | |
18 | (2) Requirement that a representative of the utilization review agent is reasonably | |
19 | accessible to beneficiaries and providers at least five (5) days a week during normal business hours | |
20 | in Rhode Island and during the hours of the agency's operations when conducting utilization review; | |
21 | (3) Policies and procedures regarding the notification and conduct of patient interviews by | |
22 | the utilization review agent to include a process and assurances that such interviews do not disrupt | |
23 | care; and | |
24 | (4) Requirement that the utilization review agent shall not impede the provision of health | |
25 | care services for treatment and/or hospitalization or other use of a provider's services or facilities | |
26 | for any beneficiary. | |
27 | 27-18.9-5. Administrative and non-administrative benefit determination procedural | |
28 | requirements. | |
29 | (a) Procedural failure by claimant. | |
30 | (1) In the event of the failure of claimant or an authorized representative to follow the | |
31 | health care entities claims procedures for a pre-service claim the health care entity or its review | |
32 | agent must: | |
33 | (i) Notify claimant or the authorized representative, as appropriate, of this failure as soon | |
34 | as possible and no later than five (5) calendar days following the failure and this notification must | |
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1 | also inform claimant of the proper procedures to file a pre-service claim; and | |
2 | (ii) Notwithstanding the above, if the pre-service claim relates to urgent or emergent health | |
3 | care services, the health care entity or its review agent must notify and inform claimant or the | |
4 | authorized representative, as appropriate, of the failure and proper procedures within twenty-four | |
5 | (24) hours following the failure. Notification may be oral, unless written notification is requested | |
6 | by the claimant or authorized representative. | |
7 | (2) Claimant must have stated name, specific medical condition or symptom and specific | |
8 | treatment, service, or product which approval is requested and submitted to proper claim processing | |
9 | unit. | |
10 | (b) Utilization review agent procedural requirements: | |
11 | (1) All initial, prospective, and concurrent non-administrative adverse benefit | |
12 | determinations of a health care service that had been ordered by a physician, dentist or other | |
13 | practitioner shall be made, documented, and signed by a licensed practitioner with the same | |
14 | licensure status as the ordering provider; | |
15 | (2) Utilization review agents are not prohibited from allowing appropriately qualified | |
16 | review agency staff from engaging in discussions with the attending provider, the attending | |
17 | provider's designee or appropriate health care facility and office personnel regarding alternative | |
18 | service and/or treatment options. Such a discussion shall not constitute an adverse benefit | |
19 | determination; provided, however, that any change to the attending provider's original order and/or | |
20 | any decision for an alternative level of care must be made and/or appropriately consented to by the | |
21 | attending provider or the provider's designee responsible for treating the beneficiary and must be | |
22 | documented by the review agent; and | |
23 | (3) A utilization review agent shall not retrospectively deny authorization for health care | |
24 | services provided to a covered person when an authorization has been obtained for that service | |
25 | from the review agent unless the approval was based upon inaccurate information material to the | |
26 | review or the health care services were not provided consistent with the provider's submitted plan | |
27 | of care and/or any restrictions included in the prior approval granted by the review agent. | |
28 | 27-18.9-6. Non-administrative benefit determination notifications. | |
29 | (a) Benefit determination notification timelines. A health care entity and/or its review agent | |
30 | shall comply with the following: | |
31 | (1) For urgent or emergent health care services benefit determinations (adverse or non- | |
32 | adverse) shall be made as soon as possible taking into account exigencies but not later than 72 hours | |
33 | after receipt of the claim. | |
34 | (2) For concurrent claims (adverse or non-adverse), no later than twenty-four (24) hours | |
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1 | after receipt of the claim and prior to the expiration of the period of time or number of treatments. | |
2 | The claim must have been made to the health care entity or review agent at least twenty-four (24) | |
3 | hours prior to the expiration of the period of time or number of treatments. | |
4 | (3) For pre-service claims (adverse or non-adverse), within a reasonable period of time | |
5 | appropriate to the medical circumstances, but not later than fifteen (15) calendar days after the | |
6 | receipt of the claim. This may be extended up to fifteen (15) additional calendar days if required | |
7 | by special circumstances and claimant is noticed within the first fifteen (15) calendar-day period. | |
8 | (4) For post-service claims adverse benefit determination no later than thirty (30) calendar | |
9 | days after the receipt of the claim. This may be extended for fifteen (15) calendar days if | |
10 | substantiated and claimant is noticed within the first thirty (30) calendar day period. | |
11 | (5) Provision in the event of insufficient information from a claimant. | |
12 | (i) For urgent or emergent care, the health care entity or review agent must notify claimant | |
13 | as soon as possible, depending on exigencies, but no later than twenty-four (24) hours after receipt | |
14 | of claim giving specifics as to what information is needed. The health care entity or review agent | |
15 | must allow claimant at least forty-eight (48) hours to send additional information. The health care | |
16 | entity or review agent must provide benefit determination as soon as possible and no later than | |
17 | forty-eight (48) hours after receipt of necessary additional information or end of period afforded to | |
18 | the claimant to provide additional information, whichever is earlier. | |
19 | (ii) For pre-service and post-service claims the notice by the health care entity or review | |
20 | agent must include what specific information is needed. The claimant has forty-five (45) calendar | |
21 | days from receipt of notice to provide information. | |
22 | (iii) Timelines for decisions, in the event of insufficient information, are paused from the | |
23 | date on which notice is sent to the claimant and restarted when the claimant responds to the request | |
24 | for information. | |
25 | (b) Adverse benefit determination notifications form and content requirements. Health care | |
26 | entities and review agents shall comply with form and content notification requirements, to include | |
27 | the following: | |
28 | (1) Notices may be written or electronic with reasonable assurance of receipt by claimant | |
29 | unless urgent or emergent. When urgent or emergent, oral notification is acceptable, absent a | |
30 | specific request by claimant for written or electronic notice written, followed by written or | |
31 | electronic notification within three (3) calendar days. | |
32 | (2) Notification content shall: | |
33 | (i) Be culturally and linguistically appropriate; | |
34 | (ii) Provide details of a claim that is being denied to include date of service, provider, | |
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| |
1 | amount of claim, a statement describing the availability, upon request, of the diagnosis code and | |
2 | its corresponding meaning, and the treatment code and its corresponding meaning as applicable. | |
3 | (iii) Give specific reason or reasons for the adverse benefit determination; | |
4 | (iv) Include the reference(s) to specific health benefit plan or review agent provisions, | |
5 | guideline, protocol or criterion on which the adverse benefit determination is based; | |
6 | (v) If the decision is based on medical necessity, clinical criteria or experimental treatment | |
7 | or similar exclusion or limit, then notice must include the scientific or clinical judgment for the | |
8 | adverse determination; | |
9 | (vi) Provide information for the beneficiary as to how to obtain copies of any and all | |
10 | information relevant to denied claim free of charge; | |
11 | (vii) Describe the internal and external appeal processes, as applicable, to include all | |
12 | relevant review agency contacts and OHIC's consumer assistance program information; | |
13 | (viii) Clearly state timeline that the claimant has at least one hundred eighty (180) calendar | |
14 | days following the receipt of notification of an adverse benefit determination to file an appeal; and | |
15 | (ix) Be written in a manner to convey clinical rational in lay person terms when appropriate | |
16 | based on clinical condition and age and in keeping with federal and state laws and regulations. | |
17 | 27-18.9-7. Internal appeal procedural requirements. | |
18 | (a) Administrative and non-administrative appeals. The review agent shall conform to the | |
19 | following for the internal appeal of administrative or non-administrative adverse benefit | |
20 | determinations: | |
21 | (1) The review agent shall maintain and make available a written description of its appeal | |
22 | procedures by which either the beneficiary or the provider of record may seek review of | |
23 | determinations not to authorize health care services. | |
24 | (2) The process established by each review agent may include a reasonable period within | |
25 | which an appeal must be filed to be considered and that period shall not be less than one hundred | |
26 | eighty (180) calendar days after receipt of the adverse benefit determination notice. | |
27 | (3) During the appeal, a review agent may utilize a reconsideration process in assessing an | |
28 | adverse benefit determination. If utilized, the review agent shall develop a reasonable | |
29 | reconsideration and appeal process, in accordance with this section. For non-administrative adverse | |
30 | benefit determinations, the period for the reconsideration may not exceed fifteen (15) days from | |
31 | the date the request for reconsideration or appeal is received. The review agent shall notify the | |
32 | beneficiary and/or provider of the reconsideration determination with the form and content | |
33 | described in §27-18.9-6(b), as appropriate. Following the decision on reconsideration, the | |
34 | beneficiary and/or provider shall have a period of forty-five (45) calendar days during which the | |
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| |
1 | beneficiary and/or provider may request an appeal of the reconsideration decision and/or submit | |
2 | additional information. | |
3 | (4) Prior to a final internal appeal decision, the review agent must allow the claimant to | |
4 | review the entire adverse determination and appeal file and allow the claimant to present evidence | |
5 | and/or additional testimony as part of the internal appeal process. | |
6 | (5) A review agent is only entitled to request and review information or data relevant to the | |
7 | benefit determination and utilization review processes. | |
8 | (6) The review agent shall maintain records of written adverse benefit determinations, | |
9 | reconsiderations, appeals and their resolution, and shall provide reports as requested by the office. | |
10 | (7)(i) The review agent shall notify, in writing, the beneficiary and/or provider of record of | |
11 | its decision on the administrative appeal in no case later than thirty (30) calendar days after receipt | |
12 | of the request for the review of an adverse benefit determination for pre-service claims, and sixty | |
13 | (60) days for post-service claims, commensurate with §§29 CFR 2560.503-1(i)(2)(ii) and (iii). | |
14 | (ii) The review agent shall notify, in writing, the beneficiary and provider of record of its | |
15 | decision on the non-administrative appeal as soon as practical considering medical circumstances, | |
16 | but in no case later than thirty (30) calendar days after receipt of the request for the review of an | |
17 | adverse benefit determination, inclusive of the period to conduct the reconsideration, if any. The | |
18 | timeline for decision on appeal is paused from the date on which the determination on | |
19 | reconsideration is sent to the beneficiary and/or provider and restarted when the beneficiary and/or | |
20 | provider submits additional information and/or a request for appeal of the reconsideration decision. | |
21 | (8) The review agent shall also provide for an expedited appeal process for urgent and | |
22 | emergent situations taking into consideration medical exigencies. Notwithstanding any other | |
23 | provision of this chapter, each review agent shall complete the adjudication of expedited appeals, | |
24 | including notification of the beneficiary and provider of record of its decision on the appeal, not | |
25 | later than seventy-two (72) hours after receipt of the claimant's request for the appeal of an adverse | |
26 | benefit determination. | |
27 | (9) Benefits for an ongoing course of treatment cannot be reduced or terminated without | |
28 | providing advance notice and an opportunity for advance review. The review agent or health care | |
29 | entity is required to continue coverage pending the outcome of an appeal. | |
30 | (10) A review agent may not disclose or publish individual medical records or any | |
31 | confidential information obtained in the performance of benefit determination or utilization review | |
32 | activities. A review agent shall be considered a third-party health insurer for the purposes of §5- | |
33 | 37.3-6(b)(6) and shall be required to maintain the security procedures mandated in §5-37.3-4(c). | |
34 | (b) Non-administrative appeals. In addition to §27-18.9-7(a) utilization review agents shall | |
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| |
1 | conform to the following for its internal appeals adverse benefit determinations: | |
2 | (1) A claimant is deemed to have exhausted the internal claims appeal process when the | |
3 | utilization review agent or health care entity fails to strictly adhere to all benefit determination and | |
4 | appeal processes with respect to a claim. In this case the claimant may initiate an external appeal | |
5 | or remedies under 502(a) of ERISA or other state and federal law, as applicable. | |
6 | (2) No reviewer under this section, who has been involved in prior reviews or in the adverse | |
7 | benefit determination under appeal or who has participated in the direct care of the beneficiary, | |
8 | may participate in reviewing the case under appeal. | |
9 | (3) All internal level appeals of utilization review determinations not to authorize a health | |
10 | care service that had been ordered by a physician, dentist, or other provider shall be made according | |
11 | to the following: | |
12 | (i) The reconsideration decision of a non-administrative adverse benefit determination shall | |
13 | not be made until the utilization review agent's professional provider with the same licensure status | |
14 | as typically manages the condition, procedure, treatment or requested service under discussion has | |
15 | spoken to, or otherwise provided for, an equivalent two (2)-way direct communication with the | |
16 | beneficiary's attending physician, dentist, other professional provider, or other qualified | |
17 | professional provider responsible for treatment of the beneficiary concerning the services under | |
18 | review. | |
19 | (ii) A review agent who does not utilize a reconsideration process must comply with the | |
20 | peer review obligation described in subsection (b)(3)(i) of this section as part of the appeal process. | |
21 | (iii) When the appeal of any adverse benefit determination, including an appeal of a | |
22 | reconsideration decision, is based in whole or in part on medical judgment including determinations | |
23 | with regard to whether a particular service, treatment, drug, or other item is experimental, | |
24 | investigational or not medically necessary or appropriate, the reviewer making the appeal decision | |
25 | must be appropriately trained having the same licensure status as the ordering provider or be a | |
26 | physician or dentist and be in the same or similar specialty as typically manages the condition. | |
27 | These qualifications must be provided to the claimant upon request. | |
28 | (iv) The utilization review agency reviewer must document and sign their decisions. | |
29 | (4) The review agent must ensure that an appropriately licensed practitioner or licensed | |
30 | physician is reasonably available to review the case as required under §27-18.9-7 9 (b) and shall | |
31 | conform to the following: | |
32 | (i) Each agency peer reviewer shall have access to and review all necessary information as | |
33 | requested by the agency and/or submitted by the provider(s) and/or beneficiaries; | |
34 | (ii) Each agency shall provide accurate peer review contact information to the provider at | |
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| |
1 | the time of service, if requested, and/or prior to such service, if requested. This contact information | |
2 | must provide a mechanism for direct communication with the agency's peer reviewer; and | |
3 | (iii) Agency peer reviewers shall respond to the provider's request for a two (2)-way direct | |
4 | communication defined in §27-18.9-7 (b) as follows: | |
5 | (A) For a prospective review of non-urgent and non-emergent health care services, a | |
6 | response within one business day of the request for a peer discussion; | |
7 | (B) For concurrent and prospective reviews of urgent and emergent health care services, a | |
8 | response within a reasonable period of time of the request for a peer discussion; and | |
9 | (C) For retrospective reviews, prior to the internal level appeal decision. | |
10 | (5) The review agency will have met the requirements of a two-way direct communication, | |
11 | when requested and/or as required prior to the internal level of appeal, when it has made two (2) | |
12 | reasonable attempts to contact the attending provider directly. Repeated violations of this section | |
13 | shall be deemed to be substantial violations pursuant to §27-18.9-9 and shall be cause for the | |
14 | imposition of penalties under that section. | |
15 | (6) For the appeal of an adverse benefit determination decision that a drug is not covered, | |
16 | the review agent shall complete the internal appeal determination and notify the claimant of its | |
17 | determination: | |
18 | (i) No later than seventy-two (72) hours following receipt of the appeal request; or | |
19 | (ii) No later than twenty-four (24) hours following the receipt of the appeal request in cases | |
20 | where the beneficiary is suffering from a health condition that may seriously jeopardize the | |
21 | beneficiary's life, health, or ability to regain maximum function or when an beneficiary is | |
22 | undergoing a current course of treatment using a non-formulary drug. | |
23 | (iii) And if approved on appeal, coverage of the non-formulary drug must be provided for | |
24 | the duration of the prescription, including refills unless expedited then for the duration of the | |
25 | exigency. | |
26 | (7) The review agents using clinical criteria and medical judgment in making utilization | |
27 | review decisions shall comply with the following: | |
28 | (i) The requirement that each review agent shall provide its clinical criteria to OHIC upon | |
29 | request; | |
30 | (ii) Provide and use written clinical criteria and review procedures established according | |
31 | to nationally accepted standards, evidence based medicine and protocols that are periodically | |
32 | evaluated and updated or other reasonable standards required by the commissioner; | |
33 | (iii) Establish and employ a process to incorporate and consider local variations to national | |
34 | standards and criteria identified herein including without limitation, a process to incorporate input | |
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1 | from local participating providers; and | |
2 | (iv) Updated description of clinical decision criteria to be available to beneficiaries, | |
3 | providers, and the office upon request and readily available accessible on the health care entity or | |
4 | the review agent's website. | |
5 | (8) The review agent shall maintain records of written adverse benefit determination | |
6 | reconsiderations and appeals to include their resolution, and shall provide reports and other | |
7 | information as requested by the office. | |
8 | 27-18.9-8. External appeal procedural requirements. | |
9 | (a) General requirements. | |
10 | (1) In cases where the non-administrative adverse benefit determination or the final internal | |
11 | level of appeal to reverse a non-administrative adverse benefit determination is unsuccessful, the | |
12 | health care entity or review agent shall provide for an external appeal by an Independent Review | |
13 | Organization (IRO) approved by the commissioner and ensure that the external appeal complies | |
14 | with all applicable laws and regulations. | |
15 | (2) In order to seek an external appeal, claimant must have exhausted the internal claims | |
16 | and appeal process unless the utilization review agent or health care entity has waived the internal | |
17 | appeal process by failing to comply with the internal appeal process or the claimant has applied for | |
18 | expedited external review at the same time as applying for expedited internal review. | |
19 | (3) A claimant shall have at least four (4) months after receipt of a notice of the decision | |
20 | on a final internal appeal to request an external appeal by an IRO. | |
21 | (4) Health care entities and review agents must use a rotational IRO registry system | |
22 | specified by the commissioner, and must select an IRO in the rotational manner described in the | |
23 | IRO registry system. | |
24 | (5) A claimant requesting an external appeal may be charged no more than a twenty-five | |
25 | dollars ($25.00) external appeal fee by the review agent. The external appeal fee, if charged, must | |
26 | be refunded to the claimant if the adverse benefit determination is reversed through external review. | |
27 | The external appeal fee must be waived if payment of the fee would impose an undue financial | |
28 | hardship on the beneficiary. In addition, the annual limit on external appeal fees for any beneficiary | |
29 | within a single plan year (in the individual market, within a policy year) must not exceed seventy- | |
30 | five dollars ($75.00). Notwithstanding the aforementioned, this subsection shall not apply to | |
31 | excepted benefits as defined in 42 U.S.C. 300 gg-91(c). | |
32 | (6) IRO and/or the review agent and or the health care entity may not impose a minimum | |
33 | dollar amount of a claim for a claim to be eligible for external review by an IRO. | |
34 | (7) The decision of the external appeal by the IRO shall be binding on the health care entity | |
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| |
1 | and/or review agent; however, any person who is aggrieved by a final decision of the external | |
2 | appeal agency is entitled to judicial review in a court of competent jurisdiction. | |
3 | (8) The health care entity must provide benefits (including making payment on the claim) | |
4 | pursuant to an external review decision without delay regardless whether the health care entity or | |
5 | review agent intends to seek judicial review of the IRO decision. | |
6 | (9) The commissioner shall promulgate rules and regulations including, but not limited to, | |
7 | criteria for designation, operation, policy, oversight, and termination of designation as an IRO. The | |
8 | IRO shall not be required to be certified under this chapter for activities conducted pursuant to its | |
9 | designation. | |
10 | (b) The external appeal process shall include, but not be limited to, the following | |
11 | characteristics: | |
12 | (1) The claimant must be noticed that he/she shall have at least five (5) business days from | |
13 | receipt of the external appeal notice to submit additional information to the IRO. | |
14 | (2) The IRO must notice the claimant of its external appeal decision to uphold or overturn | |
15 | the review agency decision: | |
16 | (i) No more than ten (10) calendar days from receipt of all the information necessary to | |
17 | complete the external review and not greater than forty-five (45) calendar days after the receipt of | |
18 | the request for external review; and | |
19 | (ii) In the event of an expedited external appeal by the IRO for urgent or emergent care, as | |
20 | expeditiously as possible and no more than seventy-two (72) hours after the receipt of the request | |
21 | for the external appeal by the IRO. Notwithstanding provisions in this section to the contrary, this | |
22 | notice may be made orally but must be followed by a written decision within forty-eight (48) hours | |
23 | after oral notice is given. | |
24 | (3) For an external appeal of an internal appeal decision that a drug is not covered the IRO | |
25 | shall complete the external appeal determination and notify the claimant of its determination: | |
26 | (i) No later than seventy-two (72) hours following receipt of the external appeal request, | |
27 | or; | |
28 | (ii) No later than twenty-four (24) hours following the receipt of the external appeal request | |
29 | if the original request was an expedited request; and | |
30 | (iii) If approved on external appeal, coverage of the non-formulary drug must be provided | |
31 | for the duration of the prescription, including refills, unless expedited then for the duration of the | |
32 | exigencies. | |
33 | (c) External appeal decision notifications. The health care entity and review agent must | |
34 | ensure that the IRO adheres the following relative to decision notifications: | |
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| |
1 | (1) May be written or electronic with reasonable assurance of receipt by claimant unless | |
2 | urgent or emergent. If urgent or emergent, oral notification is acceptable followed by written or | |
3 | electronic notification within three (3) calendar days; | |
4 | (2) Must be culturally and linguistically appropriate; | |
5 | (3) The details of claim that is being denied to include the date of service, provider name, | |
6 | amount of claim, diagnostic code and treatment costs with corresponding meanings; | |
7 | (4) Must include the specific reason or reasons for the external appeal decision; | |
8 | (5) Must include information for claimant as to procedure to obtain copies of any and all | |
9 | information relevant to the external appeal which copies must be provided to the claimant free of | |
10 | charge; and; | |
11 | (6) Must not be written in a manner that could reasonably be expected to negatively impact | |
12 | the beneficiary. | |
13 | 27-18.9-9. Reporting requirements. | |
14 | The office shall establish reporting requirements to determine if adverse benefit | |
15 | determination and/or utilization review programs are in compliance with the provisions of this | |
16 | chapter and applicable regulations as well as in compliance with applicable federal law. | |
17 | 27-18.9-10. Rules and regulations. | |
18 | The health insurance commissioner may promulgate such rules and regulations as are | |
19 | necessary and proper to effectuate the purpose and for the efficient administration and enforcement | |
20 | of this chapter. | |
21 | 27-18.9-11. Waiver of requirements. | |
22 | (a) The office shall waive the requirements of this chapter only when a conflict exists with | |
23 | those activities of a review agent that are conducted pursuant to contracts with the state or the | |
24 | federal government or those activities under other state or federal jurisdictions. | |
25 | (b) The office shall waive de minimus activity, in accordance with the regulations adopted | |
26 | by the commissioner. | |
27 | 27-18.9-12. Variance of statutory requirements. | |
28 | Statutory variances shall be issued for a period not to exceed one year and may be subject | |
29 | to such terms and conditions deemed necessary as determined by the commissioner. Prior to issuing | |
30 | a statutory variance the office may provide notice and public hearing to ensure necessary | |
31 | beneficiary and health care provider protections in the process. | |
32 | 27-18.9-13. Denial, suspension, or revocation of certificate. | |
33 | Adopted pursuant to this chapter; | |
34 | (a) The office may deny a certificate or certification upon review of the application if, upon | |
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| |
1 | review of the application, it finds that the applicant proposing to conduct utilization review does | |
2 | not meet the standards required by this chapter or by any regulations promulgated pursuant to this | |
3 | chapter. | |
4 | (b) The office may revoke or suspend a certificate or certification and/or impose monetary | |
5 | penalties not less than one hundred dollars ($100) and not to exceed fifty thousand dollars ($50,000) | |
6 | per violation and/or impose an order requiring a monetary restitution or disgorgement payment in | |
7 | an amount determined by the commissioner to reasonably reflect the amount of damages caused or | |
8 | monies improperly obtained in any case in which: | |
9 | (1) The health care entity and/or review agent fails to comply with the requirements of this | |
10 | chapter or of regulations; | |
11 | (2) The review agent/network plan and or health care entity and/or review agent fails to | |
12 | comply with the criteria used by it in its application for a certificate or certification; or | |
13 | (3) The health care entity and/or review agent refuses to permit or fails to reasonably | |
14 | cooperate with an examination by the commissioner to determine compliance with the requirements | |
15 | of this chapter and regulations promulgated pursuant to the authority granted to the commissioner | |
16 | in this chapter. These determinations may involve consideration of any written grievances filed | |
17 | with the office against the health care entity and/or review agent by patients or providers. | |
18 | (c) Any applicant or certificate or certification holder aggrieved by an order or a decision | |
19 | of the commissioner made under this chapter without a hearing may, within thirty (30) days after | |
20 | notice of the order or decision, make a written request to the office for a hearing on the order or | |
21 | decision pursuant to §42-35-15. | |
22 | (d) The procedure governing hearings authorized by this section shall be in accordance | |
23 | with §§42-35-9 through 42-35-13 as stipulated in §42-35-14(a). A full and complete record shall | |
24 | be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless | |
25 | the decision is appealed pursuant to §42-35-15. A copy or copies of the transcript may be obtained | |
26 | by any interested party upon payment of the cost of preparing the copy or copies. Witnesses may | |
27 | be subpoenaed by either party. | |
28 | 27-18.9-14. Penalties and enforcement. | |
29 | For the purposes of this chapter, in addition to the provisions of §27-18.9-13, a health care | |
30 | entity and/or review agent or any person or entity conducting any activities requiring certification | |
31 | under this chapter shall be subject to the penalty and enforcement provisions of title 27 and chapters | |
32 | 14 and 14.5 of title 42 and the regulations promulgated thereunder in the same manner as a licensee | |
33 | or any person or entity conducting any activities requiring licensure or certification under title 27. | |
34 | 27-18.9-15. Severability. | |
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| |
1 | If any provision of this chapter or the application of any provision to any person or | |
2 | circumstance shall be held invalid, that invalidity shall not affect the provisions or application of | |
3 | this chapter which can be given effect without the invalid provision or application, and to this end | |
4 | the provisions of this chapter are declared to be severable. | |
5 | SECTION 6. Section 36-4-34.1 of the General Laws in Chapter 36-4 entitled "Merit | |
6 | System" is hereby amended to read as follows: | |
7 | 36-4-34.1. Transfer of state employees. | |
8 | (a) The director of the department of administration (the "director") is hereby authorized | |
9 | to transfer any employee within the executive branch who is not covered by a collective bargaining | |
10 | unit as provided in chapter 11 of this title. Any employee may be transferred to a comparable | |
11 | position upon the approval of the director of the department of administration and the personnel | |
12 | administrator. The transfers may be initially authorized for a period up to one year's duration and | |
13 | may be further extended with the approval of the personnel administrator (the "personnel | |
14 | administrator"). | |
15 | (b) Within seven (7) days of making a transfer of an employee or further extending the | |
16 | duration of a transfer as provided by subsection (a), the director making the transfer or the personnel | |
17 | administrator extending the transfer shall file a written report with the speaker of the house, the | |
18 | senate president, and the chairpersons of the house and senate finance committees, for each | |
19 | employee to be transferred. This report shall include: | |
20 | (1) The identity of the employee; | |
21 | (2) The employee's current work position and location, and the proposed new work position | |
22 | and location; | |
23 | (3) The reason(s) for the employee transfer; | |
24 | (4) The specific task(s) to be assigned to and completed by the transferred employee; | |
25 | (5) An explanation of how the task(s) to be completed by the transferred employee relates | |
26 | to the mission of the transferee department, division or agency; and | |
27 | (6) The anticipated duration of the employee's transfer. | |
28 | SECTION 7. Section 44-1-14 of the General Laws in Chapter 44-1 entitled “State Tax | |
29 | Officials” is hereby amended as follows: | |
30 | 44-1-14. Disclosure of information to tax officials of federal government or other | |
31 | states, or to other persons. | |
32 | Notwithstanding any other provision of law: | |
33 | (1) The tax administrator may make available: (i) to the taxing officials of any other states | |
34 | or of the federal government for tax purposes only any information that the administrator may | |
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1 | consider proper contained in tax reports or returns or any audit or the report of any investigation | |
2 | made with respect to them, filed pursuant to the tax laws of this state; provided, that other states or | |
3 | the federal government grant like privileges to the taxing officials of this state; and/or (ii) to an | |
4 | officer or employee of the office of internal audit of the Rhode Island department of administration | |
5 | any information that the administrator may consider proper contained in tax reports or returns or | |
6 | any audit or the report of any investigation made with respect to them, filed pursuant to the tax laws | |
7 | of this state, to whom disclosure is necessary for the purposes of fraud detection and prevention in | |
8 | any state or federal program. | |
9 | (2) The tax administrator shall not permit any federal return or federal return information | |
10 | to be inspected by, or disclosed to, an individual who is the chief executive officer of the state or | |
11 | any person other than: | |
12 | (i) To another employee of the tax division for the purpose of, and only to the extent | |
13 | necessary in, the administration of the state tax laws for which the tax division is responsible; | |
14 | (ii) To another officer or employee of the state to whom the disclosure is necessary in | |
15 | connection with processing, storage, and transmission of those returns and return information and | |
16 | solely for purposes of state tax administration; | |
17 | (iii) To another person for the purpose of, but only to the extent necessary in, the | |
18 | programming, maintenance, repair, testing, and procurement of equipment used in processing or | |
19 | transmission of those returns and return information; or | |
20 | (iv) To a legal representative of the tax division, personally and directly engaged in, and | |
21 | solely for use in, preparation for a civil or civil criminal proceeding (or investigation which may | |
22 | result in a proceeding) before a state administrative body, grand jury, or court in a matter involving | |
23 | state tax administration, but only if: | |
24 | (A) The taxpayer is or may be a party to the proceeding; | |
25 | (B) The treatment of an item reflected on the return is or may be related to the resolution | |
26 | of an issue in the proceeding or investigation; or | |
27 | (C) The return or return information relates, or may relate, to a transactional relationship | |
28 | between a person who is or may be a party to the proceeding and the taxpayer that affects or may | |
29 | affect the resolution of an issue in a proceeding or investigation. | |
30 | SECTION 8. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit | |
31 | System" is hereby amended to read as follows: | |
32 | 36-4-16.4. Salaries of directors. | |
33 | (a) In the month of March of each year, the department of administration shall conduct a | |
34 | public hearing to determine salaries to be paid to directors of all state executive departments for the | |
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| |
1 | following year, at which hearing all persons shall have the opportunity to provide testimony, orally | |
2 | and in writing. In determining these salaries, the department of administration will take into | |
3 | consideration the duties and responsibilities of the aforenamed officers, as well as such related | |
4 | factors as salaries paid executive positions in other states and levels of government, and in | |
5 | comparable positions anywhere which require similar skills, experience, or training. Consideration | |
6 | shall also be given to the amounts of salary adjustments made for other state employees during the | |
7 | period that pay for directors was set last. | |
8 | (b) Each salary determined by the department of administration will be in a flat amount, | |
9 | exclusive of such other monetary provisions as longevity, educational incentive awards, or other | |
10 | fringe additives accorded other state employees under provisions of law, and for which directors | |
11 | are eligible and entitled. | |
12 | (c) In no event will the department of administration lower the salaries of existing directors | |
13 | during their term of office. | |
14 | (d) Upon determination by the department of administration, the proposed salaries of | |
15 | directors will be referred to the general assembly by the last day in April of that year to go into | |
16 | effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting | |
17 | concurrently within that time. | |
18 | (e) Notwithstanding the provisions of this section, for 2015 only, the time period for the | |
19 | Department of Administration to conduct the public hearing shall be extended to July and the | |
20 | proposed salaries shall be referred to the general assembly by August 30. The salaries may take | |
21 | effect before next year, but all other provisions of this section shall apply. | |
22 | (f) Notwithstanding the provisions of this section or any law to the contrary, for 2017 only, | |
23 | the salaries of the director of the department of transportation, the secretary of health and human | |
24 | services, and the director of administration shall be determined by the governor. | |
25 | SECTION 9. Sections 1 through 5 shall take effect as of January 1, 2018; provided | |
26 | however, upon passage, the Office of the Health Insurance Commissioner may waive the filing and | |
27 | other requirements for entities that would not be required to file or become subject to oversight | |
28 | consistent with the terms of Sections 1 through 5. Sections 6 and 9 Section 8 shall take effect upon | |
29 | passage, and sections 7 and 8 sections 6 and 7 shall take effect as of July 1, 2017. | |
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art.006/3/006/2/016/1 | ||
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1 | ARTICLE 6 | |
2 | RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION | |
3 | SECTION 1. This article consists of joint resolutions that is submitted pursuant to Rhode | |
4 | Island General Law § 35-18-1, et seq. | |
5 | SECTION 2. Confined Aquatic Dredged Material Disposal Cells. | |
6 | WHEREAS, over the past year the Army Corps of Engineers has approached the Coastal | |
7 | Resources Management Council to act as the local sponsor to the federal action of maintaining the | |
8 | depths of the Providence River and Harbor Shipping Channel; and | |
9 | WHEREAS, the Providence River and Shipping Channel was last maintained in 2003; and | |
10 | WHEREAS, the project will include dredging and removal of sediments not suitable for | |
11 | ocean disposal, and thus will require the construction of a new Confined Aquatic Disposal (CAD) | |
12 | Cell to dispose and sequester those sediments; and | |
13 | WHEREAS, CAD cells are constructed in aquatic environments to reduce the | |
14 | environmental risk from sediments not suitable for ocean disposal by storing these sediments in a | |
15 | depression in the bottom of the aquatic system; and | |
16 | WHEREAS, CAD cells offer a major economic value, as a significant cost of disposing | |
17 | dredged materials is in the transportation of the dredged material to a disposal location; and | |
18 | WHEREAS, having CAD cells located within hundreds of feet from a dredging operation | |
19 | saves local port operators millions of dollars over the 10-year life of those cells; and | |
20 | WHERAS, the Coastal Resources Management Council seeks to build additional capacity | |
21 | in the CAD Cells beyond that required only for this specific project, in order to account for the | |
22 | many port, maritime, and marina facilities that also have the need to dredge material at their | |
23 | facilities, which may not be suitable for ocean disposal, thereby saving these entities significant | |
24 | cost, in both sediment testing and transportation of the material to other locations, due to the fact | |
25 | that the existing CAD cells in the river have reached their useful ten-year design life; and | |
26 | WHEREAS, with the approval by the voters of the 2016 Rhode Island Port Infrastructure | |
27 | Bond referendum, the need to maintain the viability of port and maritime operations, the state's | |
28 | marine trades industry, and the increase economic value of ProvPort, increased disposal capacities | |
29 | from new CAD cells are needed; and | |
30 | WHEREAS, the Army Corps of Engineers expects to begin maintenance of the Providence | |
| ||
1 | River and Harbor Shipping Channel in the fall of 2018, the total cost share of the local sponsor are | |
2 | required by the end of FY 2018; and | |
3 | WHEREAS, the project is considered a federal maintenance project, the State is required | |
4 | to pay for the creation of the CAD cell only at an up-front cost share of thirty five percent (35%); | |
5 | and | |
6 | WHEREAS, the project costs associated with this project is estimated to be eleven million | |
7 | dollars ($11.0 million), with five hundred thousand dollars ($500,000) derived from the Coastal | |
8 | Resources Management Council Dredge Fund. The total financing obligation of the State of Rhode | |
9 | Island would be approximately ten million five hundred thousand dollars ($10.5 million), with ten | |
10 | million four hundred thousand dollars ($10.4 million) deposited in the project fund and one hundred | |
11 | thousand dollars ($100,000) allocated to pay the associated costs of financing. Total payments on | |
12 | the State's obligation over ten (10) years on the ten million five hundred thousand dollars ($10.5 | |
13 | million) issuance are projected to be thirteen million six hundred thousand dollars ($13.6 million) | |
14 | assuming an average interest rate of five percent (5.0%). A minimum of five million dollars ($5.0 | |
15 | million) of the total principal and interest payments shall be financed from an increase in fees | |
16 | charged to marine operators to deposit their dredged materials into CAD cells, with general revenue | |
17 | appropriations used to supplement fee revenues. General revenue appropriations shall finance | |
18 | principal and interest payments in any fiscal year that fee revenues are insufficient; now, therefore, | |
19 | be it | |
20 | RESOLVED, that this General Assembly hereby approves financing in an amount not to | |
21 | exceed ten million five hundred thousand dollars ($10.5 million) for the provision of funds for the | |
22 | Confined Aquatic Disposal Cells project, including one hundred thousand dollars ($100,000) to | |
23 | pay costs of financing. | |
24 | SECTION 3. Energy Performance Contract – University of Rhode Island – Phase 3 | |
25 | WHEREAS, the Council on Postsecondary Education and the University of Rhode Island, | |
26 | herby referred to as "the University," are proposing projects that involve the implementation of | |
27 | professionally guided capital investments in energy efficiency improvements to University | |
28 | buildings and infrastructure that will pay for themselves through cost avoidance, while reducing | |
29 | long-term energy consumption associated with operations; and | |
30 | WHEREAS, the University presently manages over three hundred twenty four (324) | |
31 | buildings, with associated utility infrastructure, containing over four million eight hundred fifty | |
32 | thousand (4,850,000) square feet of space, a majority of which was constructed over thirty years | |
33 | ago. Energy efficiency has become a vital feature of the institution's fiscal responsibility; and | |
34 | WHEREAS, energy performance contracting has been significantly enhanced and refined, | |
|
| |
1 | and many examples exist of programs successfully employed around the country that are prudent | |
2 | from both a fiscal management and an environmental stewardship perspective; and | |
3 | WHEREAS, various private sector companies, hereinafter referred to as energy service | |
4 | companies or "ESCOs", are willing to guarantee the performance of the improvements yielding | |
5 | energy savings to pay for the cost of the replacement of antiquated and inefficient equipment, | |
6 | including boilers, heating and air conditioning, lighting and other building systems and equipment; | |
7 | and | |
8 | WHEREAS, the higher education system has successfully participated with the state | |
9 | department of administration in a request for proposal process to enter into an energy performance | |
10 | contract with ESCO to provide investment grade energy audit evaluations, design, installation, and | |
11 | maintenance services, as well as assistance in securing rebate resources and the guarantee of the | |
12 | energy or water saving performance of the installed retrofit measures; and | |
13 | WHEREAS, the evaluations of an energy service company further affirms the significant | |
14 | opportunity to implement energy conservation improvements on a building-by-building basis that | |
15 | pay for themselves through operating budget savings within a fifteen year period; and | |
16 | WHEREAS, tax exempt financing via "certificates of participation," with associated debt | |
17 | service supported for the financing term by energy cost avoidance (i.e., by redirecting dollars that | |
18 | would have paid for utility consumption, but with the improvements can be redeployed to repay | |
19 | the financing) is the most cost effective means of supporting the investment in energy efficiency | |
20 | improvements under this program; and | |
21 | WHEREAS, the University is seeking to undertake energy performance contracts to | |
22 | replace obsolete equipment with new equipment and infrastructure components employing high | |
23 | energy efficient technologies, to employ insulation and weatherization measures, and to deploy | |
24 | measures that sustain the highest performance levels for these improvements; and | |
25 | WHEREAS, the estimated cost of such contracts are for the University, an amount not to | |
26 | exceed eleven million six hundred thousand dollars ($11.6 million), with the request to the state to | |
27 | have with ten million five hundred thousand dollars ($10.5 million) deposited into the construction | |
28 | fund, six hundred ninety-six thousand dollars ($696,000) deposited in a capitalized interest fund, | |
29 | and four hundred thirty thousand dollars ($430,000) to pay associated costs of financing. Total | |
30 | payments on the state's obligation over fifteen (15) years on the eleven million six hundred thousand | |
31 | dollars ($11.6 million) issuance are projected to be sixteen million eight hundred thousand dollars | |
32 | ($16.8 million), assuming an average effective interest rate of five percent (5.0%), the payments | |
33 | would be derived by the University from energy savings; now, therefore, be it | |
34 | RESOLVED, that the University is authorized to proceed with the aforementioned projects | |
|
| |
1 | in the amounts specified above; and be it further | |
2 | RESOLVED, that these contracts will be structured so that, at a minimum, the annual | |
3 | principal, interest and service and maintenance costs resulting from these contracts would be fully | |
4 | offset by the cumulative annual energy savings derived from energy efficiency improvements, the | |
5 | performance of which being guaranteed by the ESCOs; and be it further | |
6 | RESOLVED, that these contracts would be multi-year contracts of up to a term of fifteen | |
7 | (15) years. In addition to saving energy and helping to protect the University from future energy | |
8 | cost increases, these contracts would aid in reducing maintenance costs by providing new, efficient | |
9 | equipment and technology that outperforms older higher energy consuming systems; and be it | |
10 | further | |
11 | RESOLVED, that this joint resolution shall take effect immediately upon its passage. | |
12 | SECTION 4. White Horn Brook Apartments – University of Rhode Island. | |
13 | WHEREAS, the Rhode Island Council on Postsecondary Education is proposing a project | |
14 | which involves the construction of a new residence hall on the west bank of the White Horn Brook | |
15 | located in the northwest corner of the Kingston campus of the University of Rhode Island in the | |
16 | Town of South Kingstown, Rhode Island; and | |
17 | WHEREAS, the growth of undergraduate student enrollment is critical to the fiscal health | |
18 | of the University; and | |
19 | WHEREAS, there is high undergraduate student demand for apartment style on campus | |
20 | housing; and | |
21 | WHEREAS, the University is committed to providing adequate and appropriate housing | |
22 | opportunities for its students; and | |
23 | WHEREAS, the University continues to undertake significant improvements to existing | |
24 | dormitory style housing facilities and has built new units that offer both suite style and apartment | |
25 | living options with the goal of providing over fifty percent (50%) of its undergraduate students on | |
26 | campus housing in keeping with its peer institutions; and | |
27 | WHEREAS, apartment style housing units are critical for the on campus retention of third | |
28 | and fourth year students that often seek alternative housing off campus; and | |
29 | WHEREAS, a recent market study has demonstrated that the market demand for additional, | |
30 | apartment style campus housing indicates that this project will be fully occupied upon completion | |
31 | and into the future; and | |
32 | WHEREAS, the Rhode Island Public Corporation Debt Management Act requires the | |
33 | General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island | |
34 | and other public agencies of certain obligations including financing guarantees or other agreements; | |
|
| |
1 | and | |
2 | WHEREAS, the design and construction of the project will be financed through Rhode | |
3 | Island Health and Educational Building (RIHEBC) revenue bonds, with an expected term of thirty | |
4 | (30) years; and | |
5 | WHEREAS, the total project costs associated with the completion of the project and | |
6 | proposed financing method would be supported approximately ninety-five percent (95%) by | |
7 | auxiliary fee revenues for URI Housing and Residential Life for the apartment building and | |
8 | approximately five percent (5%) by University general funds for site enabling facility relocation, | |
9 | utility and hardscape and landscape infrastructure and site work; and | |
10 | WHEREAS, the project is currently in design and targeting a total project financing cost | |
11 | of eighty eight million seven hundred and eighty seven thousand dollars ($88,787,000) in RIHEBC | |
12 | bonds, with a request to have seventy eight million four hundred forty thousand dollars | |
13 | ($78,440,000) deposited into a construction fund, eight million thirty seven thousand dollars | |
14 | ($8,037,000) deposited in a capitalized interest fund, and two million three hundred ten thousand | |
15 | dollars ($2,310,000) to pay associated cost of financing, and with an assumed interest rate of five | |
16 | percent (5%) debt service repayments will not exceed one hundred seventy three million two | |
17 | hundred seventy one thousand and six hundred fifty three dollars ($173,271,653); and | |
18 | WHEREAS, the University has been advised by its architectural and project management | |
19 | firms to anticipate potential additional escalation of construction costs leading up to the final | |
20 | pricing of the construction of this project; now, therefore, be it | |
21 | RESOLVED, that the General Assembly hereby approves financing in an amount not to | |
22 | exceed total debt service payments of one hundred seventy three million two hundred seventy one | |
23 | thousand and six hundred fifty three dollars ($173,271,653) for construction of a new apartment | |
24 | style residence facility on the University of Rhode Island Kingston Campus, with the not-to-exceed | |
25 | amount to be financed determined by the actual financing interest rate at the time of the bond | |
26 | issuance; and be it further | |
27 | RESOLVED, that this joint resolution shall take effect immediately upon its passage. | |
28 | SECTION 5. This resolution shall apply to financing obligations issued within four (4) | |
29 | years of the date of passage of this resolution. | |
30 | SECTION 6. This article shall take effect upon passage. | |
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art.007/5/007/4/007/3/007/2/007/1 | ||
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1 | ARTICLE 7 | |
2 | RELATING TO STATE FUNDS | |
3 | SECTION 1. Section 21-28.6-17 of the General Laws in Chapter 21-28.6 entitled "The | |
4 | Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as | |
5 | follows: | |
6 | 21-28.6-17. Revenue. | |
7 | (a) Effective July 1, 2016, all fees collected by the departments of health and business | |
8 | regulation from applicants, registered patients, primary caregivers, authorized purchasers, licensed | |
9 | cultivators, and cooperative cultivations, compassion centers, and compassion center cardholders | |
10 | shall be placed in restricted receipt accounts to support the state's medical marijuana program., | |
11 | including but not limited to payment of expenses incurred by the departments of health and business | |
12 | regulation for the administration of the program. | |
13 | (b) All revenues remaining in the restricted receipt accounts after payments specified in | |
14 | subdivision (a) of this section shall first be paid to cover any existing deficit in the department of | |
15 | health's restricted receipt account or the department of business regulation's restricted receipt | |
16 | account. These transfers shall be made annually on the last business day of the fiscal year. | |
17 | (c) All revenues remaining in the restricted receipt accounts after payments specified in | |
18 | subdivisions (a) and (b) shall be paid into the state's general fund. These payments shall be made | |
19 | annually on the last business day of the fiscal year. | |
20 | SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds" | |
21 | is hereby amended to read as follows: | |
22 | 35-4-27. Indirect cost recoveries on restricted receipt accounts. | |
23 | Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all | |
24 | restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there | |
25 | shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions | |
26 | from non-profit charitable organizations; (2) From the assessment of indirect cost recovery rates | |
27 | on federal grant funds; or (3) Through transfers from state agencies to the department of | |
28 | administration for the payment of debt service. These indirect cost recoveries shall be applied to all | |
29 | accounts, unless prohibited by federal law or regulation, court order, or court settlement. The | |
30 | following restricted receipt accounts shall not be subject to the provisions of this section: | |
| ||
1 | Executive Office of Health and Human Services | |
2 | Organ Transplant Fund | |
3 | HIV Care Grant Drug Rebates | |
4 | Department of Human Services | |
5 | Veterans' home – Restricted account | |
6 | Veterans' home – Resident benefits | |
7 | Pharmaceutical Rebates Account | |
8 | Demand Side Management Grants | |
9 | Veteran's Cemetery Memorial Fund | |
10 | Donations – New Veterans' Home Construction | |
11 | Department of Health | |
12 | Providence Water Lead Grant | |
13 | Pandemic medications and equipment account | |
14 | Miscellaneous Donations/Grants from Non-Profits | |
15 | State Loan Repayment Match | |
16 | Department of Behavioral Healthcare, Developmental Disabilities and Hospitals | |
17 | Eleanor Slater non-Medicaid third-party payor account | |
18 | Hospital Medicare Part D Receipts | |
19 | RICLAS Group Home Operations | |
20 | Commission on the Deaf and Hard of Hearing | |
21 | Emergency and public communication access account | |
22 | Department of Environmental Management | |
23 | National heritage revolving fund | |
24 | Environmental response fund II | |
25 | Underground storage tanks registration fees | |
26 | Rhode Island Historical Preservation and Heritage Commission | |
27 | Historic preservation revolving loan fund | |
28 | Historic Preservation loan fund – Interest revenue | |
29 | Department of Public Safety | |
30 | Forfeited property – Retained | |
31 | Forfeitures – Federal | |
32 | Forfeited property – Gambling | |
33 | Donation – Polygraph and Law Enforcement Training | |
34 | Rhode Island State Firefighter's League Training Account | |
|
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1 | Fire Academy Training Fees Account | |
2 | Attorney General | |
3 | Forfeiture of property | |
4 | Federal forfeitures | |
5 | Attorney General multi-state account | |
6 | Forfeited property – Gambling | |
7 | Department of Administration | |
8 | OER Reconciliation Funding | |
9 | RI Health Benefits Exchange | |
10 | Office of Management and Budget | |
11 | Information Technology Investment Fund | |
12 | Restore and replacement – Insurance coverage | |
13 | Convention Center Authority rental payments | |
14 | Investment Receipts – TANS | |
15 | OPEB System Restricted Receipt Account | |
16 | Car Rental Tax/Surcharge-Warwick Share | |
17 | Executive Office of Commerce | |
18 | Housing Resources Commission Restricted Account | |
19 | Department of Revenue | |
20 | DMV Modernization Project | |
21 | Jobs Tax Credit Redemption Fund | |
22 | Legislature | |
23 | Audit of federal assisted programs | |
24 | Department of Children, Youth and Families | |
25 | Children's Trust Accounts – SSI | |
26 | Military Staff | |
27 | RI Military Family Relief Fund | |
28 | RI National Guard Counterdrug Program | |
29 | Treasury | |
30 | Admin. Expenses – State Retirement System | |
31 | Retirement – Treasury Investment Options | |
32 | Defined Contribution – Administration - RR | |
33 | Violent Crimes Compensation – Refunds | |
34 | Treasury Research Fellowship | |
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| |
1 | Business Regulation | |
2 | Banking Division Reimbursement Account | |
3 | Office of the Health Insurance Commissioner Reimbursement Account | |
4 | Securities Division Reimbursement Account | |
5 | Commercial Licensing and Racing and Athletics Division Reimbursement Account | |
6 | Insurance Division Reimbursement Account | |
7 | Historic Preservation Tax Credit Account. | |
8 | Judiciary | |
9 | Arbitration Fund Restricted Receipt Account | |
10 | Third-Party Grants | |
11 | RI Judiciary Technology Surcharge Account | |
12 | Department of Elementary and Secondary Education | |
13 | Statewide Student Transportation Services Account | |
14 | School for the Deaf Fee for Service Account | |
15 | Davies Career and Technical School Local Education Aid Account | |
16 | Davies – National School Breakfast & Lunch Program | |
17 | Office of the Post-Secondary Commissioner | |
18 | Westerly Higher Education and Industry Center | |
19 | Department of Labor and Training | |
20 | Job Development Fund | |
21 | Department of Transportation | |
22 | Rhode Island Highway Maintenance Account | |
23 | SECTION 3. Section 39-26.6-4 of the General Laws in Chapter 39-26.6 entitled "The | |
24 | Renewable Energy Growth Program" is hereby amended to read as follows: | |
25 | 39-26.6-4. Continuation of board. | |
26 | (a) The distributed generation standard contract board shall remain fully constituted and | |
27 | authorized as provided in chapter 26.2 of title 39; provided, however, that the name shall be | |
28 | changed to the "distributed-generation board". Additional purposes of the board shall be to: | |
29 | (1) Evaluate and make recommendations to the commission regarding ceiling prices and | |
30 | annual targets, the make-up of renewable-energy classifications eligible under the distributed- | |
31 | generation growth program, the terms of the tariffs, and other duties as set forth in this chapter; | |
32 | (2) Provide consistent, comprehensive, informed, and publicly accountable involvement | |
33 | by representatives of all interested stakeholders affected by, involved with, or knowledgeable about | |
34 | the development of distributed-generation projects that are eligible for performance-based | |
|
| |
1 | incentives under the distributed-generation growth program; and | |
2 | (3) Monitor and evaluate the effectiveness of the distributed-generation growth program. | |
3 | (b) The office, in consultation with the board, shall be authorized to hire, or to request the | |
4 | electric-distribution company to hire, the services of qualified consultants to perform ceiling price | |
5 | studies subject to commission approval that shall be granted or denied within sixty (60) days of | |
6 | receipt of such request from the office. The cost of such studies shall be recoverable through the | |
7 | rate-reconciliation provisions of the electric-distribution company set forth in § 39-26.6-25, subject | |
8 | to commission approval. In addition, the office, in consultation with the board, may request the | |
9 | commission to approve other costs incurred by the board, office, or the electric-distribution | |
10 | company to utilize consultants for annual programmatic services or to perform any other studies | |
11 | and reports, subject to the review and approval of the commission, that shall be granted or denied | |
12 | within one hundred twenty (120) days of receipt of such request from the office, and that shall be | |
13 | recoverable through the same reconciliation provisions. | |
14 | (c) Revenues generated through the rate reconciliation process to finance the expenses | |
15 | incurred as outlined in subsection (b) shall be transferred to the office and deposited in a restricted | |
16 | receipt account within the general fund. The restricted receipt account shall be exempt from the | |
17 | indirect cost recovery assessment under §35-4-27. | |
18 | SECTION 4. Chapter 42.17.1 of the General Laws entitled "Department of Environmental | |
19 | Management" is hereby amended by adding thereto the following sections: | |
20 | 42-17.1-27. Eisenhower House – Rental fees. | |
21 | (a) There is hereby established within the department of environmental management a | |
22 | restricted receipt account entitled "Eisenhower house". All proceeds from rental fees for the use of | |
23 | the Eisenhower house and its surrounding grounds shall be deposited into this account and used for | |
24 | reinvestment and maintenance of the facility. The rental fees for the use of Eisenhower house and | |
25 | surrounding grounds shall be established by regulation. The department of environmental | |
26 | management may require certain attendants to be present during rental hours, and may require the | |
27 | lessees to reimburse the cost of such service provided to reflect the actual cost to the department. | |
28 | The department may also require reasonable amounts of liability insurance to be obtained by the | |
29 | lessee. | |
30 | (b) The department of environmental management and the state shall not be civilly liable | |
31 | for the acts or omissions of the lessees of the Eisenhower house. | |
32 | SECTION 5. Chapter 42-28 of the General Laws entitled "State Police" is hereby amended | |
33 | by adding thereto the following section: | |
34 | 42-28-49.1. Non-state agency reimbursements. | |
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| |
1 | There is hereby established within the general fund a restricted receipt account to be known | |
2 | as the "state police non-state agency reimbursements" account. All revenues deposits into the | |
3 | account from non-state agencies shall be used to reimburse the state police for costs incurred in | |
4 | support of non-state agency programs and activities. All funds deposited into the account shall be | |
5 | exempt from the indirect cost recovery provisions of §35-4-27. | |
6 | SECTION 6. Section 42-45-12 of the General Laws entitled "Rhode Island Historical | |
7 | Preservation and Heritage Commission" is hereby repealed. | |
8 | 42-45-12. Eisenhower House – Rental fees. | |
9 | (a) The historical preservation and heritage commission is hereby authorized to collect | |
10 | rental fees for use of the Eisenhower House and surrounding grounds. The rental fees shall be | |
11 | established by regulation. All fees collected under this section shall be deposited as general | |
12 | revenues. The historical preservation and heritage commission may require certain attendants to be | |
13 | present during rental hours and may require the lessees to reimburse the cost of such service | |
14 | provided such cost reflect the actual cost of the commission. The commission may also require | |
15 | reasonable amounts of liability insurance to be obtained by the lessee. | |
16 | (b) The historical preservation and heritage commission and the state shall not be civilly | |
17 | liable for the acts or omissions of the lessees of the Eisenhower House. | |
18 | SECTION 7. Chapter 42-72 of the General Laws entitled "Department of Children, Youth | |
19 | and Families" is hereby amended by adding thereto the following section: | |
20 | 42-72-36.4. Foundation grants. | |
21 | All grant funds from nonprofit charitable organizations accepted by the department of | |
22 | children, youth and families with formally established agreements with an approved budget for | |
23 | their use, shall be deposited as restricted receipts. | |
24 | SECTION 8. Section 42-75-13 of the General Laws in Chapter 42-75 entitled "Council on | |
25 | the Arts" is hereby amended to read as follows: | |
26 | 42-75-13. Appropriation. | |
27 | (a) During the fiscal year ending June 30, 2008, the state lottery division within the | |
28 | department of revenue shall conduct, pursuant to chapter 62.61 of the general laws, an instant game | |
29 | to be known as the "Arts Lottery Game." The net revenue from the first three (3) months of the | |
30 | running of the "Arts Lottery Game" shall be deposited in a restricted revenue account to be used | |
31 | by the Rhode Island Council on the Arts for the support and improvement of the arts in this state. | |
32 | The provisions of this section shall prevail over any inconsistent provisions of chapter 42-61. | |
33 | (b) During the fiscal year ending June 30, 2010, the The Rhode Island Council on the Arts | |
34 | shall deposit any funds received from the Rhode Island Foundation in a restricted receipt account | |
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1 | to be used for the support and improvement of the arts in this state. All such funds deposited shall | |
2 | be exempt from the indirect cost recovery provisions of § 35-4-7 §35-24-27. | |
3 | SECTION 9. Section 35-3-7 of the General Laws in Chapter 35-3 entitled "State Budget" | |
4 | is hereby amended to read as follows: | |
5 | 35-3-7. Submission of budget to general assembly -- Contents. | |
6 | (a) On or before the third Thursday in January in each year of each January session of the | |
7 | general assembly, the governor shall submit to the general assembly a budget containing a complete | |
8 | plan of estimated revenues and proposed expenditures, with a personnel supplement detailing the | |
9 | number and titles of positions of each agency and the estimates of personnel costs for the next fiscal | |
10 | year, and with the inventory required by § 35-1.1-3(b)(4). Provided, however, in those years that a | |
11 | new governor is inaugurated, the new governor shall submit the budget on or before the first | |
12 | Thursday in February. In the budget the governor may set forth in summary and detail: | |
13 | (1) Estimates of the receipts of the state during the ensuing fiscal year under laws existing | |
14 | at the time the budget is transmitted and also under the revenue proposals, if any, contained in the | |
15 | budget, and comparisons with the estimated receipts of the state during the current fiscal year, as | |
16 | well as actual receipts of the state for the last two (2) completed fiscal years. | |
17 | (2) Estimates of the expenditures and appropriations necessary in the governor's judgment | |
18 | for the support of the state government for the ensuing fiscal year, and comparisons with | |
19 | appropriations for expenditures during the current fiscal year, as well as actual expenditures of the | |
20 | state for the last two (2) complete fiscal years; provided, further, in the event the budget submission | |
21 | includes any transfers of resources from public corporations to the general fund, the budget | |
22 | submission shall also include alternatives to said transfers. | |
23 | (3) Financial statements of the: | |
24 | (i) Condition of the treasury at the end of the last completed fiscal year; | |
25 | (ii) The estimated condition of the treasury at the end of the current fiscal year; and | |
26 | (iii) Estimated condition of the treasury at the end of the ensuing fiscal year if the financial | |
27 | proposals contained in the budget are adopted. | |
28 | (4) All essential facts regarding the bonded and other indebtedness of the state. | |
29 | (5) A report indicating those program revenues and expenditures whose funding source is | |
30 | proposed to be changed from state appropriations to restricted receipts, or from restricted receipts | |
31 | to other funding sources. | |
32 | (6) Such other financial statements and data as in the governor's opinion are necessary or | |
33 | desirable. | |
34 | (b) Any other provision of the general laws to the contrary notwithstanding, the proposed | |
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| |
1 | appropriations submitted by the governor to the general assembly for the next ensuing fiscal year | |
2 | should not be more than five and one-half percent (5.5%) in excess of total state appropriations, | |
3 | excluding any estimated supplemental appropriations, enacted by the general assembly for the | |
4 | fiscal year previous to that for which the proposed appropriations are being submitted; provided | |
5 | that the increased state-share provisions required to achieve fifty percent (50%) state financing of | |
6 | local school operations as provided for in P.L. 1985, ch. 182, shall be excluded from the definition | |
7 | of total appropriations. | |
8 | (c) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general | |
9 | assembly a budget for the fiscal year ending June 30, 2006, not later than the fourth (4th) Thursday | |
10 | in January 2005. | |
11 | (d) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general | |
12 | assembly a supplemental budget for the fiscal year ending June 30, 2006, and/or a budget for the | |
13 | fiscal year ending June 30, 2007, not later than Thursday, January 26, 2006. | |
14 | (e) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general | |
15 | assembly a supplemental budget for the fiscal year ending June 30, 2007, and/or a budget for the | |
16 | fiscal year ending June 30, 2008, not later than Wednesday, January 31, 2007. | |
17 | (f) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general | |
18 | assembly a budget for the fiscal year ending June 30, 2012, not later than Thursday, March 10, | |
19 | 2011. | |
20 | (g) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general | |
21 | assembly a budget for the fiscal year ending June 30, 2013, not later than Tuesday, January 31, | |
22 | 2012. | |
23 | (h) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general | |
24 | assembly a budget for the fiscal year ending June 30, 2016, not later than Thursday, March 12, | |
25 | 2015. | |
26 | SECTION 10. Chapter 35-5 of the General Laws entitled "Rotary Funds" is hereby | |
27 | amended by adding thereto the following section: | |
28 | 35-5-10. Reimbursement of rotary funds for services provided to state agencies. | |
29 | Notwithstanding the provisions of §35-5-5, any rotary or rotating fund established for | |
30 | centralized services under the control of the department of administration, including information | |
31 | technology, capital asset management and maintenance and human resources, shall consist of, in | |
32 | addition to such sums as may be provided by appropriation for that purpose, the receipts and | |
33 | reimbursements accruing to the fund. Any state department or agency receiving or drawing | |
34 | services, goods, wares, or merchandise from these programs, or receiving benefits therefrom, shall | |
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| |
1 | reimburse the rotary fund for the cost. The reimbursement of the rotary fund shall be made by each | |
2 | department or agency at the close of each calendar month through a process established by the state | |
3 | controller to the order of the respective rotary fund. The state controller shall charge payments to | |
4 | the proper appropriation for the operation and maintenance of the benefitting department or agency. | |
5 | On or before October 15, 2017, and quarterly thereafter, the director of the department of | |
6 | administration shall provide a report to the speaker of the house and senate president, with copies | |
7 | to the chairpersons of the house and senate finance committees, detailing the fund activity for the | |
8 | previous quarter, including a breakdown of the fund activity of each department or agency. | |
9 | SECTION 11. Section 37-2-12 of the General Laws in Chapter 37-2 entitled "State | |
10 | Purchases" is hereby amended to read as follows: | |
11 | 37-2-12. Centralization of the procurement authority. | |
12 | (a) All rights, powers, duties, and authority relating to the procurement of supplies, | |
13 | services, and construction, and the management, control, warehousing, sale, and disposal of | |
14 | supplies, services, and construction now vested in or exercised by any state agency under the | |
15 | several statutes relating thereto are hereby transferred to the chief purchasing officer as provided | |
16 | in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the | |
17 | centralized purchasing of the state but the public agency, through its existing internal purchasing | |
18 | function, shall adhere to the general principles, policies and practices set forth in this chapter. | |
19 | (b) The chief purchasing officer, as defined in §37-2-7(3)(i), may establish, charge and | |
20 | collect from state contractors, listed on master price agreements, a statewide contract administrative | |
21 | fee not to exceed one percent (1%) of the total value of the annual spend against a contract awarded | |
22 | to a state contractor. All statewide contract administrative fees collected pursuant to this subsection | |
23 | shall be deposited into a restricted receipt account within the general fund designated as the | |
24 | "division of purchases administrative fee account" and shall be used for the purposes of | |
25 | implementing technology for the submission and processing of bids, online vendor registration, bid | |
26 | notification, and other costs related to state procurement. On or before January 15, 2019, and | |
27 | annually thereafter on or before January 15, the chief purchasing officer or designee shall file a | |
28 | report with the governor, the speaker of the house, and the president of the senate detailing: | |
29 | (i) The total amount of funds collected and deposited into the division of purchases | |
30 | administrative fee account for the most recently completed fiscal year; | |
31 | (ii) The account balance as of the date of the report; | |
32 | (iii) An itemization of all expenditures and other uses of said funds from said account for | |
33 | the most recently completed fiscal year; and | |
34 | (iv) An annual evaluation as to the appropriateness of the amount of the contract | |
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1 | administrative fee on master price agreements. | |
2 | (c) Subject to the approval of the director of the department of administration, the state | |
3 | controller is authorized to offset any currently recorded outstanding liability on the part of | |
4 | developmental disability organizations (DDOs) to repay previously authorized startup capital | |
5 | advances against the proceeds from the sale of group homes within a fiscal year prior to any sale | |
6 | proceeds being deposited into the information technology investment fund. | |
7 | SECTION 12. Section 37-7-15 of the General Laws in Chapter 37-7 entitled "Management | |
8 | and Disposal of Property" is hereby amended to read as follows: | |
9 | 37-7-15. Sale of state-owned land, buildings and improvements thereon and other real | |
10 | property. | |
11 | (a) Total annual proceeds from the sale of any land and the buildings and improvements | |
12 | thereon, and other real property title to which is vested in the State of Rhode Island or title to which | |
13 | will be vested in the state upon completion of any condemnation or other proceedings, shall be | |
14 | transferred to and made available for the purposes outlined in § 42-11-2.5 of the general laws, | |
15 | unless otherwise prohibited by federal law. | |
16 | (b) Provided, however, this shall not include proceeds from the sale of any land and the | |
17 | buildings and improvements thereon that will be created by the relocation of interstate route 195 | |
18 | which is sometimes collectively referred to as the "I-195 Surplus Land" which land is identified in | |
19 | the "Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis" | |
20 | prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain | |
21 | tracts or parcels of land situated in the city of Providence, county of Providence, State of Rhode | |
22 | Island, delineated on that certain plan of land captioned "Improvements to Interstate Route 195, | |
23 | Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1" | |
24 | (c) Subject to the approval of the director of the department of administration, the state | |
25 | controller is authorized to offset any currently recorded outstanding liability on the part of | |
26 | developmental disability organizations (DDOs) to repay previously authorized startup capital | |
27 | advances against the proceeds from the sale of group homes within a fiscal year prior to any sale | |
28 | proceeds being deposited into the information technology investment fund. | |
29 | SECTION 13. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled | |
30 | "Department of Administration" is hereby amended to read as follows: | |
31 | 42-11-2.5. Information technology investment fund. | |
32 | (a) All sums from the sale of any land and the buildings and improvements thereon, and | |
33 | other real property title to which is vested in the state except as provided in subsection §§37-7- | |
34 | 15(b) and 37-7-15(c) shall be transferred to an Information Technology Investment Fund restricted | |
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| |
1 | receipt account that is hereby established. This fund shall consist of such sums from the sale of any | |
2 | land and the buildings and improvements thereon, and other real property title to which is vested | |
3 | in the state except as provided in subsection §§37-7-15(b) and 37-7-15(c), as well as a share of E- | |
4 | 911 Uniform Emergency Telephone System surcharge revenues collected under the provisions of | |
5 | § 39-21.1-14. This fund may also consist of such sums as the state may from time to time | |
6 | appropriate, as well as money received from the disposal of information technology equipment, | |
7 | loan, interest and service charge payments from benefiting state agencies, as well as interest | |
8 | earnings, money received from the federal government, gifts, bequest, donations, or to otherwise | |
9 | from any public or private source. Any such funds shall be exempt from the indirect cost recovery | |
10 | provisions of § 35-4-27. | |
11 | (b) This fund shall be used for the purpose of acquiring information technology | |
12 | improvements, including, but not limited to, hardware, software, consulting services, and ongoing | |
13 | maintenance and upgrade contracts for state departments and agencies. | |
14 | (c) The division of information technology of the Rhode Island department of | |
15 | administration shall adopt rules and regulations consistent with the purposes of this chapter and | |
16 | chapter 35 of title 42, in order to provide for the orderly and equitable disbursement of funds from | |
17 | this account. | |
18 | SECTION 14. Section 5-65-9 of the General Laws in Chapter 5-65 entitled "Contractors' | |
19 | Registration and Licensing Board" is hereby amended to read as follows: | |
20 | 5-65-9. Registration fee. | |
21 | (a) Each applicant shall pay to the board: | |
22 | (1) For original registration or renewal of registration, a fee of two hundred dollars ($200). | |
23 | (2) A fee for all changes in the registration, as prescribed by the board, other than those | |
24 | due to clerical errors. | |
25 | (b) All fees and fines collected by the board shall be deposited as general revenues to | |
26 | support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all fees | |
27 | and fines collected by the board shall be deposited into a restricted receipt account for the exclusive | |
28 | use of supporting programs established by this chapter. | |
29 | (c) On or before January 15, 2018, and annually thereafter, the board shall file a report with | |
30 | the speaker of the house, and the president of the senate, with copies to the chairpersons of the | |
31 | house and senate finance committees, detailing: | |
32 | (1) The total number of fines issued broken down by category, including the number of | |
33 | fines issued for a first violation and the number of fines issued for a subsequent violation; | |
34 | (2) The total dollar of amount of fines levied; | |
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1 | (3) The total amount of fees, fines, and penalties collected and deposited for the most | |
2 | recently completed fiscal year; and | |
3 | (4) The account balance as of the date of the report. | |
4 | (c)(d) Each year, the executive director shall prepare a proposed budget to support the | |
5 | programs approved by the board. The proposed budget shall be submitted to the board for its | |
6 | review. A final budget request shall be submitted to the legislature as part of the capital projects | |
7 | and property management annual request. | |
8 | (d)(e) New or renewal registrations may be filed online or with a third-party approved by | |
9 | the board, with the additional cost incurred to be borne by the registrant. | |
10 | SECTION 15. Sections 1 through 10 of the article shall take effect upon passage. The | |
11 | remainder of the Sections in the article shall take effect on July 1, 2017. | |
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art.008/4/008/3/008/2/008/1 | ||
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1 | ARTICLE 8 AS AMENDED | |
2 | RELATING TO TAXES AND REVENUES | |
3 | SECTION 1. Purpose. The general assembly hereby finds that: | |
4 | (a) The Twin River gaming facility in the town of Lincoln, the Newport Grand gaming | |
5 | facility in the town of Newport, and, once operational, the gaming facility owned by Twin River- | |
6 | Tiverton in the town of Tiverton (the "Tiverton Gaming Facility," and, collectively with the other | |
7 | two (2) gaming facilities, the "Gaming Facilities") are important sources of revenue for the state of | |
8 | Rhode Island. Indeed, revenues generated from state-operated gaming in Rhode Island constitute | |
9 | the third largest source of revenue to the state, behind only revenue generated from income taxes | |
10 | and sales and use taxes. | |
11 | (b) In an increasingly competitive gaming market, it is imperative that action be taken to | |
12 | preserve and protect the state's ability to maximize revenues at the Facilities, and in particular to | |
13 | expand critical revenue-driving promotional and marketing programs through legislative | |
14 | authorization and necessary amendments to contracts, previously authorized by the general | |
15 | assembly, to position the promotional and marketing programs for long-term success. | |
16 | (c) Accordingly, the purpose of this act is to help enhance the revenues generated by the | |
17 | Facilities in order to maximize the public's share of revenue generated by them for the state of | |
18 | Rhode Island. It is the intent of the general assembly that this act, being necessary for the welfare | |
19 | of the state and its citizens, be liberally construed so as to effectuate its purposes, including without | |
20 | limitation, the State's attempt to enhance the ability of the Facilities to generate revenue. The | |
21 | inclusion of the Tiverton Gaming Facility within the scope of this act is based on the fulfilment in | |
22 | 2016 of the requirements of Article VI, Section 22 of the Rhode Island Constitution with respect | |
23 | to that facility, namely that: | |
24 | (i) The Rhode Island secretary of state has certified that the qualified voters of the state | |
25 | have approved authorizing a facility owned by Twin River-Tiverton located at the intersection of | |
26 | William S. Canning Boulevard and Stafford Road in the town of Tiverton to be licensed as a pari- | |
27 | mutuel facility and offer state-operated video lottery games and state-operated casino gaming, such | |
28 | as table games; and | |
29 | (ii) The board of canvassers of the town of Tiverton has certified that the qualified electors | |
30 | of the town of Tiverton have approved authorizing a facility owned by Twin River-Tiverton located | |
| ||
1 | at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton to | |
2 | be licensed as a pari-mutuel facility and offer state-operated video lottery games and state-operated | |
3 | casino gaming, such as table games. | |
4 | SECTION 2. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled "Video- | |
5 | Lottery Terminal" is hereby amended to read as follows: | |
6 | 42-61.2-7. Division of revenue. | |
7 | (a) Notwithstanding the provisions of §42-61-15, the allocation of net, terminal income | |
8 | derived from video-lottery games is as follows: | |
9 | (1) For deposit in the general fund and to the state lottery division fund for administrative | |
10 | purposes: Net, terminal income not otherwise disbursed in accordance with subdivisions (a)(2) -- | |
11 | (a)(6) inclusive, or otherwise disbursed in accordance with subsections (g)(2) and (h)(2); | |
12 | (i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one percent | |
13 | (0.19%), up to a maximum of twenty million dollars ($20,000,000), shall be equally allocated to | |
14 | the distressed communities as defined in §45-13-12 provided that no eligible community shall | |
15 | receive more than twenty-five percent (25%) of that community's currently enacted municipal | |
16 | budget as its share under this specific subsection. Distributions made under this specific subsection | |
17 | are supplemental to all other distributions made under any portion of general laws §45-13-12. For | |
18 | the fiscal year ending June 30, 2008, distributions by community shall be identical to the | |
19 | distributions made in the fiscal year ending June 30, 2007, and shall be made from general | |
20 | appropriations. For the fiscal year ending June 30, 2009, the total state distribution shall be the | |
21 | same total amount distributed in the fiscal year ending June 30, 2008, and shall be made from | |
22 | general appropriations. For the fiscal year ending June 30, 2010, the total state distribution shall be | |
23 | the same total amount distributed in the fiscal year ending June 30, 2009, and shall be made from | |
24 | general appropriations, provided, however, that seven hundred eighty-four thousand four hundred | |
25 | fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to each | |
26 | qualifying distressed community. For each of the fiscal years ending June 30, 2011, June 30, 2012, | |
27 | and June 30, 2013, seven hundred eighty-four thousand four hundred fifty-eight dollars ($784,458) | |
28 | of the total appropriation shall be distributed equally to each qualifying distressed community. | |
29 | (ii) Five one hundredths of one percent (0.05%), up to a maximum of five million dollars | |
30 | ($5,000,000), shall be appropriated to property tax relief to fully fund the provisions of §44-33-2.1. | |
31 | The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum amount to | |
32 | the nearest five dollar ($5.00) increment within the allocation until a maximum credit of five | |
33 | hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be less than | |
34 | the prior fiscal year. | |
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| |
1 | (iii) One and twenty-two one hundredths of one percent (1.22%) to fund §44-34.1-1, | |
2 | entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum amount | |
3 | to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event shall the | |
4 | exemption in any fiscal year be less than the prior fiscal year. | |
5 | (iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent | |
6 | (0.10%), to a maximum of ten million dollars ($10,000,000), for supplemental distribution to | |
7 | communities not included in subsection (a)(1)(i) distributed proportionately on the basis of general | |
8 | revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008, | |
9 | distributions by community shall be identical to the distributions made in the fiscal year ending | |
10 | June 30, 2007, and shall be made from general appropriations. For the fiscal year ending June 30, | |
11 | 2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010, and thereafter, | |
12 | funding shall be determined by appropriation. | |
13 | (2) To the licensed, video-lottery retailer: | |
14 | (a) (i) Prior to the effective date of the Newport Grand Master Contract, Newport Grand | |
15 | twenty-six percent (26%), minus three hundred eighty-four thousand nine hundred ninety-six | |
16 | dollars ($384,996); | |
17 | (ii) On and after the effective date of the Newport Grand Master Contract, to the licensed, | |
18 | video-lottery retailer who is a party to the Newport Grand Master Contract, all sums due and | |
19 | payable under said Master Contract, minus three hundred eighty-four thousand nine hundred | |
20 | ninety-six dollars ($384,996). | |
21 | (iii) Effective July 1, 2013, the rate of net, terminal income payable to the licensed, video- | |
22 | lottery retailer who is a party to the Newport Grand Master Contract shall increase by two and one | |
23 | quarter percent (2.25%) points. The increase herein shall sunset and expire on June 30, 2015, and | |
24 | the rate in effect as of June 30, 2013, shall be reinstated. | |
25 | (iv) (A) Effective July 1, 2015, the rate of net, terminal income payable to the licensed, | |
26 | video-lottery retailer who is a party to the Newport Grand Master Contract shall increase over the | |
27 | rate in effect as of June 30, 2013, by one and nine-tenths (1.9) percentage points. (i.e., x% plus 1.9 | |
28 | percentage points equals (x + 1.9)%, where "x%" is the current rate of net terminal income payable | |
29 | to the licensed, video-lottery retailer who is a party to the Newport Grand Master Contract). The | |
30 | dollar amount of additional net, terminal income paid to the licensed, video-lottery retailer who is | |
31 | a party to the Newport Grand Master Contract with respect to any Newport Grand Marketing Year | |
32 | as a result of such increase in rate shall be referred to as "Additional Newport Grand Marketing | |
33 | NTI." | |
34 | (B) The excess, if any, of marketing expenditures incurred by the licensed, video-lottery | |
|
| |
1 | retailer who is a party to the Newport Grand Master Contract with respect to a Newport Grand | |
2 | Marketing Year over one million four hundred thousand dollars ($1,400,000) shall be referred to | |
3 | as the "Newport Grand Marketing Incremental Spend." Beginning with the Newport Grand | |
4 | Marketing Year that starts on July 1, 2015, after the end of each Newport Grand Marketing Year, | |
5 | the licensed, video-lottery retailer who is a party to the Newport Grand Master Contract shall pay | |
6 | to the Division the amount, if any, by which the Additional Newport Grand Marketing NTI for such | |
7 | Newport Grand Marketing Year exceeds the Newport Grand Marketing Incremental Spend for such | |
8 | Newport Grand Marketing Year; provided however, that such video-lottery retailer's liability to the | |
9 | Division hereunder with respect to any Newport Grand Marketing Year shall never exceed the | |
10 | Additional Newport Grand Marketing NTI paid to such video-lottery retailer with respect to such | |
11 | Newport Grand Marketing Year. | |
12 | The increase in subsection 2(a)(iv) shall sunset and expire on June 30, 2017 upon the | |
13 | commencement of the operation of casino gaming at Twin River-Tiverton's facility located in the | |
14 | town of Tiverton, and the rate in effect as of June 30, 2013 shall be reinstated. | |
15 | (b) (i) Prior to the effective date of the UTGR master contract, to the present, licensed, | |
16 | video-lottery retailer at Lincoln Park, which is not a party to the UTGR, master contract, twenty- | |
17 | eight and eighty-five one hundredths percent (28.85%), minus seven hundred sixty-seven thousand | |
18 | six hundred eighty-seven dollars ($767,687); | |
19 | (ii) On and after the effective date of the UTGR master contract, to the licensed, video- | |
20 | lottery retailer that is a party to the UTGR master contract, all sums due and payable under said | |
21 | master contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars | |
22 | ($767,687). | |
23 | (3) (i) To the technology providers that are not a party to the GTECH Master Contract as | |
24 | set forth and referenced in PL 2003, CH. 32, seven percent (7%) of the net, terminal income of the | |
25 | provider's terminals; in addition thereto, technology providers that provide premium or licensed | |
26 | proprietary content or those games that have unique characteristics, such as 3D graphics; unique | |
27 | math/game play features; or merchandising elements to video-lottery terminals may receive | |
28 | incremental compensation, either in the form of a daily fee or as an increased percentage, if all of | |
29 | the following criteria are met: | |
30 | (A) A licensed, video-lottery retailer has requested the placement of premium or licensed | |
31 | proprietary content at its licensed, video-lottery facility; | |
32 | (B) The division of lottery has determined in its sole discretion that the request is likely to | |
33 | increase net, terminal income or is otherwise important to preserve or enhance the competiveness | |
34 | of the licensed, video-lottery retailer; | |
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| |
1 | (C) After approval of the request by the division of lottery, the total number of premium or | |
2 | licensed, proprietary-content video-lottery terminals does not exceed ten percent (10%) of the total | |
3 | number of video-lottery terminals authorized at the respective licensed, video-lottery retailer; and | |
4 | (D) All incremental costs are shared between the division and the respective licensed, | |
5 | video-lottery retailer based upon their proportionate allocation of net terminal income. The division | |
6 | of lottery is hereby authorized to amend agreements with the licensed, video-lottery retailers, or the | |
7 | technology providers, as applicable, to effect the intent herein. | |
8 | (ii) To contractors that are a party to the master contract as set forth and referenced in PL | |
9 | 2003, CH. 32, all sums due and payable under said master contract; and | |
10 | (iii) Notwithstanding paragraphs (i) and (ii), there shall be subtracted proportionately from | |
11 | the payments to technology providers the sum of six hundred twenty-eight thousand seven hundred | |
12 | thirty-seven dollars ($628,737). | |
13 | (4) (A) Until video-lottery games are no longer operated at the Newport Grand gaming | |
14 | facility located in Newport, to the city of Newport one and one hundredth percent (1.01%) of net | |
15 | terminal income of authorized machines at Newport Grand, except that effective November 9, | |
16 | 2009, until June 30, 2013, the allocation shall be one and two tenths percent (1.2%) of net terminal | |
17 | income of authorized machines at Newport Grand for each week the facility operates video-lottery | |
18 | games on a twenty-four-hour (24) basis for all eligible hours authorized; and | |
19 | (B) Upon commencement of the operation of video-lottery games at Twin River-Tiverton's | |
20 | facility located in the town of Tiverton, to the town of Tiverton one and forty-five hundredths | |
21 | percent (1.45%) of net terminal income of authorized machines at the licensed, video-lottery | |
22 | retailer's facility located in the town of Tiverton, subject to subsection (g)(2); and | |
23 | (C) To the town of Lincoln, one and twenty-six hundredths percent (1.26%) of net terminal | |
24 | income of authorized machines at Twin River except that: | |
25 | (i) Effective November 9, 2009, until June 30, 2013, the allocation shall be one and forty- | |
26 | five hundredths percent (1.45%) of net terminal income of authorized machines at Twin River for | |
27 | each week video-lottery games are offered on a twenty-four-hour (24) basis for all eligible hours | |
28 | authorized; and | |
29 | (ii) Effective July 1, 2013, provided that the referendum measure authorized by PL 2011, | |
30 | Ch. 151, Sec. 4, is approved statewide and in the Town of Lincoln, the allocation shall be one and | |
31 | forty-five hundredths percent (1.45%) of net terminal income of authorized video-lottery terminals | |
32 | at Twin River, subject to subsection (h)(2); and | |
33 | (5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net | |
34 | terminal income of authorized machines at Lincoln Park, up to a maximum of ten million dollars | |
|
| |
1 | ($10,000,000) per year, that shall be paid to the Narragansett Indian Tribe for the account of a | |
2 | Tribal Development Fund to be used for the purpose of encouraging and promoting: home | |
3 | ownership and improvement; elderly housing; adult vocational training; health and social services; | |
4 | childcare; natural resource protection; and economic development consistent with state law. | |
5 | Provided, however, such distribution shall terminate upon the opening of any gaming facility in | |
6 | which the Narragansett Indians are entitled to any payments or other incentives; and provided, | |
7 | further, any monies distributed hereunder shall not be used for, or spent on, previously contracted | |
8 | debts; and | |
9 | (6) Unclaimed prizes and credits shall remit to the general fund of the state; and | |
10 | (7) Payments into the state's general fund specified in subsections (a)(1) and (a)(6) shall be | |
11 | made on an estimated monthly basis. Payment shall be made on the tenth day following the close | |
12 | of the month except for the last month when payment shall be on the last business day. | |
13 | (b) Notwithstanding the above, the amounts payable by the division to UTGR related to | |
14 | the marketing program described in the UTGR master contract (as such may be amended from time | |
15 | to time) shall be paid on a frequency agreed by the division, but no less frequently than annually. | |
16 | (c) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director | |
17 | is authorized to fund the marketing program as described above in regard to in the UTGR master | |
18 | contract. | |
19 | (d) Notwithstanding the above, the amounts payable by the division to the licensed, video- | |
20 | lottery retailer who is a party to the Newport Grand Master Contract related to the marketing | |
21 | program described in the Newport Grand Master Contract (as such may be amended from time to | |
22 | time) shall be paid on a frequency agreed by the division, but no less frequently than annually. | |
23 | (e) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director | |
24 | is authorized to fund the marketing program as described above in regard to in the Newport Grand | |
25 | Master Contract. | |
26 | (f) Notwithstanding the provisions of §42-61-15, but subject to §42-61.2-7(h), the | |
27 | allocation of net, table-game revenue derived from table games at Twin River is as follows: | |
28 | (1) For deposit into the state lottery fund for administrative purposes and then the balance | |
29 | remaining into the general fund: | |
30 | (i) Sixteen percent (16%) of net, table-game revenue, except as provided in §42-61.2- | |
31 | 7(f)(1)(ii); | |
32 | (ii) An additional two percent (2%) of net, table-game revenue generated at Twin River | |
33 | shall be allocated starting from the commencement of table games activities by such table-game | |
34 | retailer and ending, with respect to such table-game retailer, on the first date that such table-game | |
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| |
1 | retailer's net terminal income for a full state fiscal year is less than such table-game retailer's net | |
2 | terminal income for the prior state fiscal year, at which point this additional allocation to the state | |
3 | shall no longer apply to such table-game retailer. | |
4 | (2) To UTGR, net, table-game revenue not otherwise disbursed pursuant to subsection | |
5 | (f)(1); provided, however, on the first date that such table-game retailer's net terminal income for a | |
6 | full state fiscal year is less than such table-game retailer's net terminal income for the prior state | |
7 | fiscal year, as set forth in subsection (f)(1)(ii), one percent (1%) of this net, table-game revenue | |
8 | shall be allocated to the town of Lincoln for four (4), consecutive state fiscal years. | |
9 | (g) Notwithstanding the provisions of §42-61-15, the allocation of net, table-game revenue | |
10 | derived from table games at the Tiverton facility owned by Twin River-Tiverton is as follows: | |
11 | (1) Subject to subsection (g)(2) of this section, one percent (1%) of net, table-game revenue | |
12 | shall be allocated to the town of Tiverton; | |
13 | (2) Fifteen and one-half percent (15.5%) of net, table-game revenue shall be allocated to | |
14 | the state first for deposit into the state lottery fund for administrative purposes and then the balance | |
15 | remaining into the general fund; provided however, that beginning with the first state fiscal year | |
16 | that a facility in the town of Tiverton owned by Twin River-Tiverton offers patrons video-lottery | |
17 | games and table games for all of such state fiscal year, for that state fiscal year and each subsequent | |
18 | state fiscal year that such Tiverton facility offers patrons video-lottery games and table games for | |
19 | all of such state fiscal year, if the town of Tiverton has not received an aggregate of three million | |
20 | dollars ($3,000,000) in the state fiscal year from net, table-game revenues and net terminal income, | |
21 | combined, generated by such Tiverton facility, then the state shall make up such shortfall to the | |
22 | town of Tiverton out of the state's percentage of net, table-game revenue set forth in this subsection | |
23 | (g)(2) and net terminal income set forth in subsections (a)(1) and (a)(6); provided further however, | |
24 | if in any state fiscal year either video-lottery games or table games are no longer offered at a facility | |
25 | in the town of Tiverton owned by Twin River-Tiverton, LLC, then the state shall not be obligated | |
26 | to make up the shortfall referenced in this subsection (g)(2); and | |
27 | (3) Net, table-game revenue not otherwise disbursed pursuant to subsections (g)(1) and | |
28 | (g)(2) of this section shall be allocated to Twin River-Tiverton. | |
29 | (h) Notwithstanding the foregoing §42-61.2-7(f) and superseding that section effective | |
30 | upon the first date that a facility in the town of Tiverton owned by Twin River-Tiverton offers | |
31 | patrons video-lottery games and table games, the allocation of net, table-game revenue derived | |
32 | from table games at Twin River in Lincoln shall be as follows: | |
33 | (1) Subject to subsection (h)(2), one percent (1%) of net, table-game revenue shall be | |
34 | allocated to the town of Lincoln; | |
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| |
1 | (2) Fifteen and one-half percent (15.5%) of net, table-game revenue shall be allocated to | |
2 | the state first for deposit into the state lottery fund for administrative purposes and then the balance | |
3 | remaining into the general fund; provided however, that beginning with the first state fiscal year | |
4 | that a facility in the town of Tiverton owned by Twin River-Tiverton offers patrons video-lottery | |
5 | games and table games for all of such state fiscal year, for that state fiscal year and each subsequent | |
6 | state fiscal year that such Tiverton facility offers patrons video-lottery games and table games for | |
7 | all of such state fiscal year, if the town of Lincoln has not received an aggregate of three million | |
8 | dollars ($3,000,000) in the state fiscal year from net, table-game revenues and net terminal income, | |
9 | combined, generated by the Twin River facility in Lincoln, then the state shall make up such | |
10 | shortfall to the town of Lincoln out of the state's percentage of net, table-game revenue set forth in | |
11 | this subsection (h)(2) and net terminal income set forth in subsections (a)(1) and (a)(6); provided | |
12 | further however, if in any state fiscal year either video-lottery games or table games are no longer | |
13 | offered at a facility in the town of Tiverton owned by Twin River-Tiverton, LLC, then the state | |
14 | shall not be obligated to make up the shortfall referenced in this subsection (h)(2); and | |
15 | (3) Net, table-game revenue not otherwise disbursed pursuant to subsections (h)(1) and | |
16 | (h)(2) shall be allocated to UTGR. | |
17 | SECTION 3. Except to the extent amended by this act, the terms, conditions, provisions | |
18 | and definitions of Chapter 322 and 323 of the Public Laws of 2005, Chapter 16 of the Public Laws | |
19 | of 2010, Chapter 151, Article 25 of the Public Laws of 2011, Chapters 289 and 290 of the Public | |
20 | Laws of 2012, Chapter 145, Article 13 of the Public Laws of 2014, Chapter 141, Article 11, | |
21 | Sections 16 – 22 of the Public Laws of 2015, and Chapters 005 and 006 of the Public Laws of 2016 | |
22 | (in each case as the more recent law may have amended an earlier law or laws), are hereby | |
23 | incorporated herein by reference and shall remain in full force and effect. | |
24 | SECTION 4. Definitions. For the purposes of this act, the following terms shall have the | |
25 | following meanings, and to the extent that such terms are otherwise defined in any provision of the | |
26 | general or public laws (including but not limited to Chapter 16 of the public Laws of 2010, as | |
27 | amended, and Chapters 005 and 006 of the public laws of 2016), for purposes of this act, those | |
28 | terms are hereby amended to read as follows: | |
29 | (a) "Division" means the division of lotteries within the department of revenue and/or any | |
30 | successor as party to the UTGR Master Contract and the Newport Grand Master Contract. | |
31 | (b) "Initial Promotional Points Program" means, as to UTGR, that promotional points | |
32 | program authorized in Chapter 16, Section 4(a)(ii) of Part A of the Public Laws of 2010, as | |
33 | amended by Chapter 151, Article 25, Section 8 of the Public Laws of 2011 and by this act. As to | |
34 | Newport Grand, "Initial Points Program" means that promotional points program authorized in | |
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| |
1 | Chapter 16, Section 4(a)(ii) of Part B of the Public Laws of 2010, as amended by Chapter 151, | |
2 | Article 25, Section 8 of the Public Laws of 2011 and by this act. | |
3 | (c) "Marketing Program" means, as to UTGR, that marketing program set forth in Chapter | |
4 | 16, Section 4(a)(iii) of Part A, of the Public Laws of 2010, as amended by Chapter 151, Article 25, | |
5 | Section 8 of the Public Laws of 2011, and as amended by Chapter 145, Article 13, Section 5 of the | |
6 | Public Laws of 2014, and as amended by Chapters 005 and 006 of the Public Laws of 2016, and as | |
7 | clarified by this act. As to Newport Grand, "Marketing Program" means that marketing program | |
8 | set forth in Chapter 16, Section 4(a)(iii) of Part B of the Public Laws of 2010, as amended by | |
9 | Chapter 151, Article 25, Section 8 of the Public Laws of 2011, and as amended by Chapters 005 | |
10 | and 006 of the Public Laws of 2016, and as clarified by this act. | |
11 | (d) "Marketing Year" means the fiscal year of the state. | |
12 | (e) "Newport Grand" when it is referring to a legal entity, means Premier Entertainment II. | |
13 | LLC and its permitted successors and assigns under the Newport Grand Master Contract. ''Newport | |
14 | Grand," when it is referring to a gaming facility, means Newport Grand Slots, located at 150 | |
15 | Admiral Kalbfus Road, Newport, Rhode Island, unless and until state-operated video lottery games | |
16 | are no longer offered at such facility in Newport and state-operated video-lottery games are offered | |
17 | at a facility owned by Twin River-Tiverton located in Tiverton, Rhode Island, at which time | |
18 | ''Newport Grand" shall mean such Tiverton facility. | |
19 | (f) "Newport Grand Division Percentage" means for any Marketing Year, the Division's | |
20 | percentage of net terminal income derived from video lottery terminals located at the Newport | |
21 | Grand facility as set forth in §42-61.2-7. | |
22 | (g) "Newport Grand Master Contract" means that certain Master Video Lottery Terminal | |
23 | Contract made as of November 23, 2005 by and between the Division and Newport Grand, as | |
24 | amended and/or assigned from time to time in accordance with its terms. | |
25 | (h) "Prior Marketing Year" means the prior state fiscal year. | |
26 | (i) "Promotional Points " means the promotional points issued pursuant to any free play or | |
27 | other promotional program operated by the Division at a licensed video lottery terminal facility | |
28 | (including, without limitation, the Initial Promotional Points Program and Supplementary | |
29 | Promotional Points Program as to UTGR and the Initial Promotional Points Program and | |
30 | Supplementary Promotional Points Program as to Newport Grand), which may be downloaded to | |
31 | a video lottery terminal by a player. Promotional Points are provided to customers and prospective | |
32 | customers for no monetary charge. Customer registration may be required. | |
33 | (j) "Promotional Points Program" means, as to UTGR, the Initial Promotional Points | |
34 | Program or Supplementary Promotional Points Program applicable to UTGR, and as to Newport | |
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| |
1 | Grand, the Initial Promotional Points Program or Supplementary Promotional Points Program | |
2 | applicable to Newport Grand. | |
3 | (k) "Supplementary Promotional Points Program" means that promotional points program | |
4 | authorized in Section 8 as to Twin River and Section 9 as to Newport Grand, of Chapters 289 and | |
5 | 290 of the Public Laws of 2012. | |
6 | (l) "Twin River-Tiverton" means Twin River-Tiverton LLC, a Delaware Limited Liability | |
7 | Company. References herein to "Twin River-Tiverton" shall include its permitted successors and | |
8 | assigns. | |
9 | (m) "UTGR" has the meaning given that term in Chapter 16 of the Public Laws of 2010, | |
10 | Part A, Section 2(n). | |
11 | (n) "UTGR Division Percentage" means for any Marketing Year, the Division's percentage | |
12 | of net terminal income derived from video lottery terminals located at the Twin River facility as | |
13 | set forth in §42-61.2-7. | |
14 | (o) "UTGR Master Contract" means that certain Master Video Lottery Terminal Contract | |
15 | made as of July 18, 2005 by and between the Division, the Department of Transportation and | |
16 | UTGR, as amended and/or assigned from time to time in accordance with its terms. | |
17 | SECTION 5. Authorized Procurement of Sixth Amendment to the UTGR Master Contract. | |
18 | Notwithstanding any general or public law, regulation or rule to the contrary, within ninety (90) | |
19 | days of the enactment of this act, the Division is hereby expressly authorized, empowered and | |
20 | directed to enter into with UTGR a Sixth Amendment to the UTGR Master Contract as described | |
21 | in this section 5, to become effective April 1, 2017: | |
22 | (a) Amendment to UTGR Supplementary Promotional Points Program. | |
23 | (1) The Supplementary Promotional Points Program applicable to Twin River, which is in | |
24 | addition to the Initial Promotional Points Program), shall be amended so that UTGR may distribute | |
25 | to customers and prospective customers Promotional Points of up to but not more than sixteen | |
26 | percent (16%) of Twin River net terminal income for the Prior Marketing Year. For avoidance of | |
27 | doubt, as a result of the foregoing amendment, the approved amount of Promotional Points that | |
28 | may be distributed by UTGR pursuant to the Initial and Supplementary Promotional Points | |
29 | Programs, in the aggregate, may be up to but not more than twenty percent (20%) of the amount of | |
30 | net terminal income of Twin River for the Prior Marketing Year, plus an additional seven hundred | |
31 | fifty thousand dollars ($750,000), subject however, to subsections (a)(3) and (a)(4) below. The | |
32 | terms and conditions of the Initial and Supplementary Promotional Points Programs applicable to | |
33 | Twin River shall be established from time to time by the Division, and such terms and conditions | |
34 | shall include, without limitation, a State fiscal year audit of the program, the cost of which audit | |
|
| |
1 | shall be borne by UTGR. | |
2 | (2) For the avoidance of doubt, the foregoing supersedes and replaces the provisions of the | |
3 | UTGR Master Contract as established by Chapter 016, Section 4(a)(ii) of Part A of the public laws | |
4 | of 2010, as amended pursuant to Chapter 151, Article 25, Section 8 of the Public Laws of 2011. | |
5 | (3) Notwithstanding the foregoing or anything in the general or public laws to the contrary, | |
6 | the amendment to the UTGR Master Contract shall provide that nothing shall prohibit UTGR, with | |
7 | prior approval from the Division, from spending additional funds on the Initial and/or | |
8 | Supplementary Promotional Points Programs (i.e., distributing to customers and prospective | |
9 | customers Promotional Points in amounts in excess of the amounts initially-approved by the | |
10 | Division with respect to the Initial and/or Supplementary Promotional Points Program), even if | |
11 | such additional amounts exceed four percent (4%) of Twin River net terminal income for the Prior | |
12 | Marketing Year plus seven hundred fifty thousand dollars ($750,000) in regard to the Initial | |
13 | Promotional Points Program for Twin River, or exceed sixteen percent (16%) of Twin River net | |
14 | terminal income for the Prior Marketing Year in regard to the Supplementary Promotional Points | |
15 | Program for Twin River, or exceed twenty percent (20%) of Twin River net terminal income for | |
16 | the Prior Marketing Year plus seven hundred fifty thousand dollars ($750,000) in regard to the | |
17 | Twin River Initial and Supplementary Promotional Points Programs in the aggregate; provided | |
18 | however, that the expense of any such additional spending on Promotional Points shall be borne by | |
19 | UTGR, subject to subsection (a)(4) below. | |
20 | (4) Notwithstanding any prior public or general law, rule, regulation or policy to the | |
21 | contrary, UTGR shall remit to the Division the amount of any funds spent by UTGR in excess of | |
22 | the amounts initially-approved by the Division with respect to the Initial and/or Supplementary | |
23 | Promotional Points Programs – i.e., distributions to customers and prospective customers of | |
24 | Promotional Points in excess of the amounts initially-approved by the Division for the Initial and/or | |
25 | Supplementary Promotional Points Program, all pursuant to subsection (a)(3) above – and the | |
26 | Division shall distribute such funds to the entities (including UTGR) entitled to a portion (or | |
27 | percent) of net terminal income generated at Twin River pursuant to §42-61.2-7 of the Rhode Island | |
28 | General Laws, paying to each such entity (including UTGR) that portion of the funds that is equal | |
29 | to its portion (or percent) of net terminal income generated at Twin River as set forth in §42-61.2- | |
30 | 7 of the Rhode Island General Laws. | |
31 | (b) Except to the extent amended and/or clarified pursuant to subsection (a) above, the | |
32 | terms, provisions and conditions of the UTGR Master Contract, including without limitation those | |
33 | terms, provisions and conditions relating to the Initial Promotion Points Program, the | |
34 | Supplementary Promotional Points Program and the Marketing Program, shall remain in full force | |
|
| |
1 | and effect. If there is a conflict between any provision of the UTGR Master Contract and this act, | |
2 | the provisions of this act control. | |
3 | SECTION 6. Authorized Procurement of Sixth Amendment to the Newport Grand Master | |
4 | Contract. Notwithstanding any general or public law, regulation or rule to the contrary, within | |
5 | ninety (90) days of the enactment of this act, the Division is hereby expressly authorized, | |
6 | empowered and directed to enter into with Newport Grand a Sixth Amendment to the Newport | |
7 | Grand Master Contract as described in this section 6, to become effective April 1, 2017, except the | |
8 | amendment made pursuant to subsection (b) below shall take effect pursuant to its terms: | |
9 | (a) Amendment to Newport Grand Supplementary Promotional Points Program. | |
10 | (1) The Supplementary Promotional Points Program applicable to Newport Grand, which | |
11 | is in addition to the Initial Promotional Points Program, shall be amended so that Newport Grand | |
12 | may distribute to customers and prospective customers Promotional Points up to but not more than | |
13 | sixteen percent (16%) of Newport Grand net terminal income for the Prior Marketing Year. For | |
14 | avoidance of doubt, as a result of the foregoing amendment, the approved amount of Promotional | |
15 | Points that may be distributed by Newport Grand pursuant to the Initial and Supplementary | |
16 | Promotional Points Programs, in the aggregate, may be up to but not more than twenty percent | |
17 | (20%) of the amount of net terminal income of Newport Grand for the Prior Marketing Year, plus | |
18 | an additional seven hundred fifty thousand dollars ($750,000), subject however, to subsections | |
19 | (a)(3) and (a)(4) below. The terms and conditions of the Initial and Supplementary Promotional | |
20 | Points Programs applicable to Newport Grand shall be established from time to time by the | |
21 | Division, and such terms and conditions shall include, without limitation, a State fiscal year audit | |
22 | of the program, the cost of which audit shall be borne by Newport Grand. | |
23 | (2) For the avoidance of doubt, the foregoing supersedes and replaces the provisions of the | |
24 | Newport Grand Master Contract as established by Chapter 016, Section 4(a)(ii) of Part B of the | |
25 | public laws of 2010, as amended pursuant to Chapter 151, Article 25, Section 8 of the Public Laws | |
26 | of 2011. | |
27 | (3) Notwithstanding the foregoing or anything in the general or public laws to the contrary, | |
28 | the amendment to the Newport Grand Master Contract shall provide that nothing shall prohibit | |
29 | Newport Grand, with prior approval from the Division, from spending additional funds on the | |
30 | Initial and/or Supplementary Promotional Points Programs (i.e., distributing to customers and | |
31 | prospective customers Promotional Points in amounts in excess of the amounts initially-approved | |
32 | by the Division with respect to the Initial and/or Supplementary Promotional Points Program), even | |
33 | if such additional amounts exceed four percent (4%) of Newport Grand net terminal income for the | |
34 | Prior Marketing Year plus seven hundred fifty thousand dollars ($750,000) in regard to the Initial | |
|
| |
1 | Promotional Points Program for Newport Grand, or exceed sixteen percent (16%) of Newport | |
2 | Grand net terminal income for the Prior Marketing Year in regard to the Supplementary | |
3 | Promotional Points Program for Newport Grand, or exceed twenty percent (20%) of Newport | |
4 | Grand net terminal income for the Prior Marketing Year plus seven hundred fifty thousand dollars | |
5 | ($750,000) in regard to the Newport Grand Initial and Supplementary Promotional Points Programs | |
6 | in the aggregate; provided however, that the expense of any such additional spending on | |
7 | Promotional Points shall be borne by Newport Grand, subject to subsection (a)(4) below. | |
8 | (4) Notwithstanding any prior public or general law, rule, regulation or policy to the | |
9 | contrary, Newport Grand shall remit to the Division the amount of any funds spent by Newport | |
10 | Grand in excess of the amounts initially-approved by the Division with respect to the Initial and/or | |
11 | Supplementary Promotional Points Programs – i.e., distributions to customers and prospective | |
12 | customers of Promotional Points in excess of the amounts initially-approved by the Division for | |
13 | the Initial and/or Supplementary Promotional Points Program, all pursuant to subsection (a)(3) | |
14 | above – and the Division shall distribute such funds to the entities (including Newport Grand) | |
15 | entitled to a portion (or percent) of net terminal income generated at Newport Grand pursuant to | |
16 | §42-61.2-7 of the Rhode Island General Laws, paying to each such entity (including Newport | |
17 | Grand) that portion of the funds that is equal to its portion (or percent) of net terminal income | |
18 | generated at Newport Grand as set forth in §42-61.2-7 of the Rhode Island General Laws. | |
19 | (b) Amendment to conform Newport Grand Master Contract to amendment to §42-61.2-7 | |
20 | of the Rhode Island General Laws. The Newport Grand Master Contract shall be amended to | |
21 | conform that contract to the amendments made by section 2 of this act to §42-61.2-7 of the Rhode | |
22 | Island General Laws. More specifically, the Newport Grand Master Contract shall be amended | |
23 | such that the last sentence of Section 3.1 of the Fourth Amendment to the Newport Grand Master | |
24 | Contract (dated July 14, 2015), shall read as follows, or with the following effect: "The increase in | |
25 | rate of net terminal income payable to Newport Grand provided for in this Section 3.1 shall sunset | |
26 | and expire upon the commencement of the operation of casino gaming at Twin River-Tiverton's | |
27 | facility located in the town of Tiverton, and the rate in effect as of June 30, 2013 shall be reinstated, | |
28 | and payable to the licensed entity hosting the casino gaming at such facility." | |
29 | (c) Except to the extent amended and/or clarified pursuant to subsections (a) and (b) above, | |
30 | the terms, provisions and conditions of the Newport Grand Master Contract, including without | |
31 | limitation those terms, provisions and conditions relating to the Initial Promotion Points Program, | |
32 | the Supplementary Promotional Points Program and the Marketing Program, shall remain in full | |
33 | force and effect. If there is a conflict between any provision of the Newport Grand Master Contract | |
34 | and this act, the provisions of this act control. | |
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1 | SECTION 7. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing | |
2 | of Health-Care Facilities” is hereby amended to read as follows: | |
3 | 23-17-38.1. Hospitals – Licensing fee. | |
4 | (a) There is also imposed a hospital licensing fee at the rate of five and eight hundred sixty- | |
5 | two thousandths percent (5.862%) upon the net patient services revenue of every hospital for the | |
6 | hospital's first fiscal year ending on or after January 1, 2014, except that the license fee for all | |
7 | hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent | |
8 | (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the | |
9 | US Department of Health and Human Services of a state plan amendment submitted by the | |
10 | executive office of health and human services for the purpose of pursuing a waiver of the uniformity | |
11 | requirement for the hospital license fee. This licensing fee shall be administered and collected by | |
12 | the tax administrator, division of taxation within the department of revenue, and all the | |
13 | administration, collection and other provisions of chapter 51 of title 44 shall apply. Every hospital | |
14 | shall pay the licensing fee to the tax administrator on or before July 11, 2016 and payments shall | |
15 | be made by electronic transfer of monies to the general treasurer and deposited to the general fund. | |
16 | Every hospital shall, on or before June 13, 2016, make a return to the tax administrator containing | |
17 | the correct computation of net patient services revenue for the hospital fiscal year ending September | |
18 | 30, 2014, and the licensing fee due upon that amount. All returns shall be signed by the hospital's | |
19 | authorized representative, subject to the pains and penalties of perjury. | |
20 | (b)(a) There is also imposed a hospital licensing fee at the rate of five and six hundred fifty- | |
21 | two thousandths percent (5.652%) upon the net patient-services revenue of every hospital for the | |
22 | hospital's first fiscal year ending on or after January 1, 2015, except that the license fee for all | |
23 | hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent | |
24 | (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the | |
25 | U.S. Department of Health and Human Services of a state plan amendment submitted by the | |
26 | executive office of health and human services for the purpose of pursuing a waiver of the uniformity | |
27 | requirement for the hospital license fee. This licensing fee shall be administered and collected by | |
28 | the tax administrator, division of taxation within the department of revenue, and all the | |
29 | administration, collection and other provisions of chapter 51 of title 44 shall apply. Every hospital | |
30 | shall pay the licensing fee to the tax administrator on or before July 10, 2017, and payments shall | |
31 | be made by electronic transfer of monies to the general treasurer and deposited to the general fund. | |
32 | Every hospital shall, on or before June 14, 2017, make a return to the tax administrator containing | |
33 | the correct computation of net patient-services revenue for the hospital fiscal year ending | |
34 | September 30, 2015 and the licensing fee due upon that amount. All returns shall be signed by the | |
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| |
1 | hospital's authorized representative, subject to the pains and penalties of perjury. | |
2 | (b) There is also imposed a hospital licensing fee at the rate of five and eight hundred fifty- | |
3 | six thousandths percent (5.856%) of upon the net patient-services revenue of every hospital for the | |
4 | hospital's first fiscal year ending on or after January 1, 2016, except that the license fee for all | |
5 | hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent | |
6 | (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the | |
7 | U.S. Department of Health and Human Services of a state plan amendment submitted by the | |
8 | executive office of health and human services for the purpose of pursuing a waiver of the uniformity | |
9 | requirement for the hospital license fee. This licensing fee shall be administered and collected by | |
10 | the tax administrator, division of taxation within the department of revenue, and all the | |
11 | administration, collection and other provisions of chapter 51 of title 44 shall apply. Every hospital | |
12 | shall pay the licensing fee to the tax administrator on or before July 10, 2018, and payments shall | |
13 | be made by electronic transfer of monies to the general treasurer and deposited to the general fund. | |
14 | Every hospital shall, on or before June 14, 2018, make a return to the tax administrator containing | |
15 | the correct computation of net patient-services revenue for the hospital fiscal year ending | |
16 | September 30, 2016 and the licensing fee due upon that amount. All returns shall be signed by the | |
17 | hospital's authorized representative, subject to the pains and penalties of perjury. | |
18 | (c) For purposes of this section the following words and phrases have the following | |
19 | meanings: | |
20 | (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island, | |
21 | licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on | |
22 | that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital | |
23 | conversions) and §23-17-6(b) (change in effective control), that provides short-term acute inpatient | |
24 | and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness, | |
25 | disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid | |
26 | managed care payment rates for a court-approved purchaser that acquires a hospital through | |
27 | receivership, special mastership or other similar state insolvency proceedings (which court- | |
28 | approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly | |
29 | negotiated rates between the court-approved purchaser and the health plan, and such rates shall be | |
30 | effective as of the date that the court-approved purchaser and the health plan execute the initial | |
31 | agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital | |
32 | payments and outpatient hospital payments set for the §§ 40-8-13.4(b)(1)(B)(iii) and 40-8- | |
33 | 13.4(b)(2), respectively, shall thereafter apply to negotiated increases for each annual twelve-month | |
34 | (12) period as of July 1 following the completion of the first full year of the court-approved | |
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| |
1 | purchaser's initial Medicaid managed care contract. | |
2 | (2) "Gross patient services revenue" means the gross revenue related to patient care | |
3 | services. | |
4 | (3) "Net patient services revenue" means the charges related to patient care services less (i) | |
5 | charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances. | |
6 | (d) The tax administrator shall make and promulgate any rules, regulations, and procedures | |
7 | not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper | |
8 | administration of this section and to carry out the provisions, policy, and purposes of this section. | |
9 | (e) The licensing fee imposed by this section shall apply to hospitals as defined herein that | |
10 | are duly licensed on July 1, 2016 2017, and shall be in addition to the inspection fee imposed by § | |
11 | 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1. | |
12 | SECTION 8. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby | |
13 | amended by adding thereto the following sections: | |
14 | 44-1-37. Administrative penalties and attorney's fees. | |
15 | (a) Whenever a licensee and/or a taxpayer violates any provision of title 44 or the | |
16 | regulations promulgated thereunder, the tax administrator may, in accordance with the | |
17 | requirements of the Administrative Procedures Act, Chapter 35 of Title 42 of the Rhode Island | |
18 | General Laws: | |
19 | (1) Revoke or suspend a license or permit issued by the division of taxation; | |
20 | (2) Levy an administrative penalty in an amount not less than one hundred ($100) nor more | |
21 | than fifty thousand dollars ($50,000); | |
22 | (3) Order the violator to cease such actions; and/or | |
23 | (4) Any combination of the above penalties. | |
24 | (b) The tax administrator is hereby authorized, and may in his or her discretion, recover | |
25 | the reasonable cost of legal services provided by in-house attorneys in the Department of Revenue | |
26 | and/or the Division of Taxation incurred in matters pertaining to administrative hearings, court | |
27 | hearings, and appeals. Nothing in this section shall limit the power of the tax administrator to retain | |
28 | outside legal counsel and to recover the costs of such legal counsel pursuant to other provisions of | |
29 | the general laws. | |
30 | (c) Any monetary penalties assessed pursuant to this section shall be deposited in the | |
31 | general fund. | |
32 | 44-1-38. Jeopardy determinations. | |
33 | If the tax administrator believes that the collection of any amount of tax, interest, and/or | |
34 | penalty assessed in a notice of deficiency determination will be jeopardized by a delay which could | |
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1 | render a person or entity judgment proof and/or frustrate the collectability of said determination, | |
2 | the tax administrator shall thereupon make a jeopardy determination of the amount of tax required | |
3 | to be collected, including interest and penalties, if any. Said jeopardy determination shall state | |
4 | briefly the facts upon which it is based. The amount of the tax, interest, and/or penalties so | |
5 | determined shall be due and payable immediately upon the mailing by the tax administrator of the | |
6 | notice of that jeopardy determination. Within thirty (30) days of the date of the mailing of the notice | |
7 | of the jeopardy determination, the taxpayer may bring an action in the sixth (6th) division district | |
8 | court appealing the jeopardy determination. Within twenty (20) days after the action is commenced, | |
9 | the district court shall make a determination of whether or not the making of the jeopardy | |
10 | assessment was reasonable under the circumstances. | |
11 | 44-1-39. Information deemed state property. | |
12 | For the purpose of determining taxpayer compliance, any and all information or data | |
13 | required to be generated or maintained pursuant to title 44 and/or the regulations promulgated | |
14 | thereunder, shall be deemed to be the property of the State of Rhode Island. | |
15 | SECTION 9. Sections 44-11-2.2 and 44-11-29 of the General Laws in Chapter 44-11 | |
16 | entitled "Business Corporation Tax" are hereby amended to read as follows: | |
17 | 44-11-2.2 Pass-Through Entities – Definitions – Withholding – Returns. | |
18 | (a) Definitions. | |
19 | (1) "Pass-through entity" means a corporation that for the applicable tax year is treated as | |
20 | an S Corporation under IRC § 1362(a) [26 U.S.C. § 1362(a)], and a general partnership, limited | |
21 | partnership, limited liability partnership, trust, or limited liability company that for the applicable | |
22 | tax year is not taxed as a corporation for federal tax purposes under the state's check-the-box | |
23 | regulation. | |
24 | (2) "Member" means an individual who is a shareholder of an S corporation; a partner in a | |
25 | general partnership, a limited partnership, or a limited liability partnership; a member of a limited | |
26 | liability company; or a beneficiary of a trust; | |
27 | (3) "Nonresident" means an individual who is not a resident of or domiciled in the state, a | |
28 | business entity that does not have its commercial domicile in the state, and a trust not organized in | |
29 | the state. | |
30 | (b) Withholding. | |
31 | (1) A pass-through entity shall withhold income tax at the highest Rhode Island | |
32 | withholding tax rate provided for individuals or nine percent (9%) seven percent (7%) for | |
33 | corporations on the member's share of income of the entity which is derived from or attributable to | |
34 | sources within this state distributed to each nonresident member and pay the withheld amount in | |
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| |
1 | the manner prescribed by the tax administrator. The pass-through entity shall be liable for the | |
2 | payment of the tax required to be withheld under this section and shall not be liable to such member | |
3 | for the amount withheld and paid over in compliance with this section. A member of a pass-through | |
4 | entity that is itself a pass-through entity (a "lower-tier pass-through entity") shall be subject to this | |
5 | same requirement to withhold and pay over income tax on the share of income distributed by the | |
6 | lower-tier pass-through entity to each of its nonresident members. The tax administrator shall apply | |
7 | tax withheld and paid over by a pass-through entity on distributions to a lower-tier pass-through | |
8 | entity to the withholding required of that lower-tier pass-through entity. | |
9 | (2) A pass-through entity shall, at the time of payment made pursuant to this section, deliver | |
10 | to the tax administrator a return upon a form prescribed by the tax administrator showing the total | |
11 | amounts paid or credited to its nonresident members, the amount withheld in accordance with this | |
12 | section, and any other information the tax administrator may require. A pass-through entity shall | |
13 | furnish to its nonresident member annually, but not later than the fifteenth day of the third month | |
14 | after the end of its taxable year, a record of the amount of tax withheld on behalf of such member | |
15 | on a form prescribed by the tax administrator. | |
16 | (c) Notwithstanding subsection (b), a pass-through entity is not required to withhold tax | |
17 | for a nonresident member if: | |
18 | (1) The member has a pro rata or distributive share of income of the pass-through entity | |
19 | from doing business in, or deriving income from sources within, this State of less than $1,000 per | |
20 | annual accounting period; | |
21 | (2) The tax administrator has determined by regulation, ruling or instruction that the | |
22 | member's income is not subject to withholding; or | |
23 | (3) The member elects to have the tax due paid as part of a composite return filed by the | |
24 | pass-through entity under subsection (d); or | |
25 | (4) The entity is a publicly traded partnership as defined by Section 7704(b) of the Internal | |
26 | Revenue Code (26 U.S.C. § 7704(b)) that is treated as a partnership for the purposes of the Internal | |
27 | Revenue Code and that has agreed to file an annual information return reporting the name, address, | |
28 | taxpayer identification number and other information requested by the tax administrator of each | |
29 | unitholder with an income in the state in excess of $500. | |
30 | (d) Composite return. | |
31 | (1) A pass-through entity may file a composite income tax return on behalf of electing | |
32 | nonresident members reporting and paying income tax at the state's highest marginal rate on the | |
33 | members' pro rata or distributive shares of income of the pass-through entity from doing business | |
34 | in, or deriving income from sources within, this State. | |
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| |
1 | (2) A nonresident member whose only source of income within a state is from one or more | |
2 | pass-through entities may elect to be included in a composite return filed pursuant to this section. | |
3 | (3) A nonresident member that has been included in a composite return may file an | |
4 | individual income tax return and shall receive credit for tax paid on the member's behalf by the | |
5 | pass-through entity. | |
6 | 44-11-29. Notice to tax administrator of sale of assets – Tax due. | |
7 | (a) The sale or transfer of the major part in value of the assets of a domestic corporation, | |
8 | domestic limited liability company, domestic limited partnership, or any other domestic business | |
9 | entity, or of the major part in value of the assets situated in this state of a foreign corporation, | |
10 | foreign limited liability company, foreign limited partnership, or any other foreign business entity, | |
11 | other than in the ordinary course of trade and in the regular and usual prosecution of the | |
12 | corporation's business by said corporation, limited liability company, limited partnership, or any | |
13 | other business entity whether domestic or foreign, and the sale or transfer of the major part in value | |
14 | of the assets of a domestic corporation, domestic limited liability company, domestic limited | |
15 | partnership, or any other domestic corporation business entity, or of the major part in value of the | |
16 | assets situated in this state of a foreign corporation, foreign limited liability company, foreign | |
17 | limited partnership, or any other foreign business entity which is engaged in the business of buying, | |
18 | selling, leasing, renting, managing, or dealing in real estate, shall be fraudulent and void as against | |
19 | the state unless the corporation, limited liability company, limited partnership, or any other business | |
20 | entity, whether domestic or foreign, corporation shall, at least five (5) business days before the sale | |
21 | or transfer, notify notifies the tax administrator of the proposed sale or transfer and of the price, | |
22 | terms, and conditions of the sale or transfer and of the character and location of the assets by | |
23 | requesting a letter of good standing from the tax division. Whenever a corporation, limited liability | |
24 | company, limited partnership, or any other business entity, whether domestic or foreign, shall | |
25 | makes such a sale or transfer, the tax imposed by this chapter any and all tax returns required to be | |
26 | filed under this title must be filed and any and all taxes imposed under this title shall become due | |
27 | and payable at the time when the tax administrator is so notified of the sale or transfer, or, if he or | |
28 | she is not so notified, at the time when he or she should have been notified of the sale or transfer. | |
29 | (b) This section shall not apply to sales by receivers, assignees under a voluntary | |
30 | assignment for the benefit of creditors, trustees in bankruptcy, debtors in possession in bankruptcy, | |
31 | or public officers acting under judicial process. | |
32 | SECTION 10. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and | |
33 | Use Taxes – Liability and Computation" is hereby amended to read as follows: | |
34 | SECTION 10. Sections 44-18-7.1, 44-18-30 and 44-18-30.1 of the General Laws in | |
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| |
1 | Chapter 44-18 entitled "Sales and Use Taxes - Liability and Computation" are hereby amended to | |
2 | read as follows: | |
3 | 44-18-7.1. Additional definitions. | |
4 | (a) "Agreement" means the Streamlined Sales and Use Tax Agreement. | |
5 | (b) "Alcoholic Beverages" means beverages that are suitable for human consumption and | |
6 | contain one-half of one percent (.5%) or more of alcohol by volume. | |
7 | (c) "Bundled Transaction" is the retail sale of two or more products, except real property | |
8 | and services to real property, where (1) the products are otherwise distinct and identifiable, and (2) | |
9 | the products are sold for one non-itemized price. A "bundled transaction" does not include the sale | |
10 | of any products in which the "sales price" varies, or is negotiable, based on the selection by the | |
11 | purchaser of the products included in the transaction. | |
12 | (i) "Distinct and identifiable products" does not include: | |
13 | (A) Packaging -- such as containers, boxes, sacks, bags, and bottles -- or other materials -- | |
14 | such as wrapping, labels, tags, and instruction guides -- that accompany the "retail sale" of the | |
15 | products and are incidental or immaterial to the "retail sale" thereof. Examples of packaging that | |
16 | are incidental or immaterial include grocery sacks, shoeboxes, dry cleaning garment bags and | |
17 | express delivery envelopes and boxes. | |
18 | (B) A product provided free of charge with the required purchase of another product. A | |
19 | product is "provided free of charge" if the "sales price" of the product purchased does not vary | |
20 | depending on the inclusion of the products "provided free of charge." | |
21 | (C) Items included in the member state's definition of "sales price," pursuant to Appendix | |
22 | C of the Agreement. | |
23 | (ii) The term "one non-itemized price" does not include a price that is separately identified | |
24 | by product on binding sales or other supporting sales-related documentation made available to the | |
25 | customer in paper or electronic form including, but not limited to, an invoice, bill of sale, receipt, | |
26 | contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or | |
27 | price list. | |
28 | (iii) A transaction that otherwise meets the definition of a "bundled transaction" as defined | |
29 | above, is not a "bundled transaction" if it is: | |
30 | (A) The "retail sale" of tangible personal property and a service where the tangible personal | |
31 | property is essential to the use of the service, and is provided exclusively in connection with the | |
32 | service, and the true object of the transaction is the service; or | |
33 | (B) The "retail sale" of services where one service is provided that is essential to the use or | |
34 | receipt of a second service and the first service is provided exclusively in connection with the | |
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| |
1 | second service and the true object of the transaction is the second service; or | |
2 | (C) A transaction that includes taxable products and nontaxable products and the "purchase | |
3 | price" or "sales price" of the taxable products is de minimis. | |
4 | 1. De minimis means the seller's "purchase price" or "sales price" of the taxable products | |
5 | is ten percent (10%) or less of the total "purchase price" or "sales price" of the bundled products. | |
6 | 2. Sellers shall use either the "purchase price" or the "sales price" of the products to | |
7 | determine if the taxable products are de minimis. Sellers may not use a combination of the | |
8 | "purchase price" and "sales price" of the products to determine if the taxable products are de | |
9 | minimis. | |
10 | 3. Sellers shall use the full term of a service contract to determine if the taxable products | |
11 | are de minimis; or | |
12 | (D) The "retail sale" of exempt tangible personal property and taxable tangible personal | |
13 | property where: | |
14 | 1. the transaction includes "food and food ingredients", "drugs", "durable medical | |
15 | equipment", "mobility enhancing equipment", "over-the-counter drugs", "prosthetic devices" (all | |
16 | as defined in § 44-18-7.1) or medical supplies; and | |
17 | 2. where the seller's "purchase price" or "sales price" of the taxable tangible personal | |
18 | property is fifty percent (50%) or less of the total "purchase price" or "sales price" of the bundled | |
19 | tangible personal property. Sellers may not use a combination of the "purchase price" and "sales | |
20 | price" of the tangible personal property when making the fifty percent (50%) determination for a | |
21 | transaction. | |
22 | (d) "Certified Automated System (CAS)" means software certified under the Agreement to | |
23 | calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit | |
24 | to the appropriate state, and maintain a record of the transaction. | |
25 | (e) "Certified Service Provider (CSP)" means an agent certified under the Agreement to | |
26 | perform all the seller's sales and use tax functions, other than the seller's obligation to remit tax on | |
27 | its own purchases. | |
28 | (f) Clothing and Related Items | |
29 | (i) "Clothing" means all human wearing apparel suitable for general use. | |
30 | (ii) "Clothing accessories or equipment" means incidental items worn on the person or in | |
31 | conjunction with "clothing." "Clothing accessories or equipment" does not include "clothing," | |
32 | "sport or recreational equipment," or "protective equipment." | |
33 | (iii) "Protective equipment" means items for human wear and designed as protection of the | |
34 | wearer against injury or disease or as protections against damage or injury of other persons or | |
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| |
1 | property but not suitable for general use. "Protective equipment" does not include "clothing," | |
2 | "clothing accessories or equipment," and "sport or recreational equipment." | |
3 | (iv) "Sport or recreational equipment" means items designed for human use and worn in | |
4 | conjunction with an athletic or recreational activity that are not suitable for general use. "Sport or | |
5 | recreational equipment" does not include "clothing," "clothing accessories or equipment," and | |
6 | "protective equipment." | |
7 | (g) Computer and Related Items | |
8 | (i) "Computer" means an electronic device that accepts information in digital or similar | |
9 | form and manipulates it for a result based on a sequence of instructions. | |
10 | (ii) "Computer software" means a set of coded instructions designed to cause a "computer" | |
11 | or automatic data processing equipment to perform a task. | |
12 | (iii) "Delivered electronically" means delivered to the purchaser by means other than | |
13 | tangible storage media. | |
14 | (iv) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, | |
15 | optical, electromagnetic, or similar capabilities. | |
16 | (v) "Load and leave" means delivery to the purchaser by use of a tangible storage media | |
17 | where the tangible storage media is not physically transferred to the purchaser. | |
18 | (vi) "Prewritten computer software" means "computer software," including prewritten | |
19 | upgrades, which is not designed and developed by the author or other creator to the specifications | |
20 | of a specific purchaser. The combining of two (2) or more "prewritten computer software" | |
21 | programs or prewritten portions thereof does not cause the combination to be other than "prewritten | |
22 | computer software." "Prewritten computer software" includes software designed and developed by | |
23 | the author or other creator to the specifications of a specific purchaser when it is sold to a person | |
24 | other than the specific purchaser. Where a person modifies or enhances "computer software" of | |
25 | which the person is not the author or creator, the person shall be deemed to be the author or creator | |
26 | only of such person's modifications or enhancements. "Prewritten computer software" or a | |
27 | prewritten portion thereof that is modified or enhanced to any degree, where such modification or | |
28 | enhancement is designed and developed to the specifications of a specific purchaser, remains | |
29 | "prewritten computer software;" provided, however, that where there is a reasonable, separately | |
30 | stated charge or an invoice or other statement of the price given to the purchaser for such | |
31 | modification or enhancement, such modification or enhancement shall not constitute "prewritten | |
32 | computer software." | |
33 | (h) Drugs and Related Items | |
34 | (i) "Drug" means a compound, substance or preparation, and any component of a | |
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| |
1 | compound, substance or preparation, other than "food and food ingredients," "dietary supplements" | |
2 | or "alcoholic beverages:" | |
3 | (A) Recognized in the official United States Pharmacopoeia, official Homeopathic | |
4 | Pharmacopoeia of the United States, or official National Formulary, and supplement to any of them; | |
5 | or | |
6 | (B) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; | |
7 | or | |
8 | (C) Intended to affect the structure or any function of the body. | |
9 | "Drug" shall also include insulin and medical oxygen whether or not sold on prescription. | |
10 | (ii) "Over-the-counter-drug" means a drug that contains a label that identifies the product | |
11 | as a drug as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" label includes: | |
12 | (A) A "Drug Facts" panel; or | |
13 | (B) A statement of the "active ingredient(s)" with a list of those ingredients contained in | |
14 | the compound, substance or preparation. | |
15 | "Over-the-counter-drug" shall not include "grooming and hygiene products." | |
16 | (iii) "Grooming and hygiene products" are soaps and cleaning solutions, shampoo, | |
17 | toothpaste, mouthwash, antiperspirants, and suntan lotions and screens, regardless of whether the | |
18 | items meet the definition of "over-the-counter-drugs." | |
19 | (iv) "Prescription" means an order, formula or recipe issued in any form of oral, written, | |
20 | electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of | |
21 | the member state. | |
22 | (i) "Delivery charges" means charges by the seller of personal property or services for | |
23 | preparation and delivery to a location designated by the purchaser of personal property or services | |
24 | including, but not limited to, transportation, shipping, postage, handling, crating, and packing. | |
25 | "Delivery charges" shall not include the charges for delivery of "direct mail' if the charges | |
26 | are separately stated on an invoice or similar billing document given to the purchaser. | |
27 | (j) "Direct mail" means printed material delivered or distributed by United States mail or | |
28 | other delivery service to a mass audience or to addressees on a mailing list provided by the | |
29 | purchaser or at the direction of the purchaser when the cost of the items are not billed directly to | |
30 | the recipients. "Direct mail" includes tangible personal property supplied directly or indirectly by | |
31 | the purchaser to the direct mail seller for inclusion in the package containing the printed material. | |
32 | "Direct mail" does not include multiple items of printed material delivered to a single address. | |
33 | (k) "Durable medical equipment" means equipment including repair and replacement parts | |
34 | for same which: | |
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| |
1 | (i) Can withstand repeated use; and | |
2 | (ii) Is primarily and customarily used to serve a medical purpose; and | |
3 | (iii) Generally is not useful to a person in the absence of illness or injury; and | |
4 | (iv) Is not worn in or on the body. | |
5 | Durable medical equipment does not include mobility enhancing equipment. | |
6 | (l) Food and Related Items | |
7 | (i) "Food and food ingredients" means substances, whether in liquid, concentrated, solid, | |
8 | frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are | |
9 | consumed for their taste or nutritional value and seeds and plants used to grow food and food | |
10 | ingredients. "Food and food ingredients" does not include "alcoholic beverages," "tobacco," | |
11 | "candy," "dietary supplements" and, "soft drinks" or "marijuana seeds or plants." | |
12 | (ii) "Prepared food" means: | |
13 | (A) Food sold in a heated state or heated by the seller; | |
14 | (B) Two (2) or more food ingredients mixed or combined by the seller for sale as a single | |
15 | item; or | |
16 | (C) Food sold with eating utensils provided by the seller, including plates, knives, forks, | |
17 | spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to | |
18 | transport the food. | |
19 | "Prepared food" in (B) does not include food that is only cut, repackaged, or pasteurized | |
20 | by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring | |
21 | cooking by the consumer as recommended by the Food and Drug Administration in chapter 3, part | |
22 | 401.11 of its Food Code so as to prevent food borne illnesses. | |
23 | (iii) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners | |
24 | in combination with chocolate, fruits, nuts or other ingredients or flavorings in the form of bars, | |
25 | drops, or pieces. "Candy" shall not include any preparation containing flour and shall require no | |
26 | refrigeration. | |
27 | (iv) "Soft drinks" means non-alcoholic beverages that contain natural or artificial | |
28 | sweeteners. "Soft drinks" do not include beverages that contain milk or milk products, soy, rice or | |
29 | similar milk substitutes, or greater than fifty percent (50%) of vegetable or fruit juice by volume. | |
30 | (v) "Dietary supplement" means any product, other than "tobacco," intended to supplement | |
31 | the diet that: | |
32 | (A) Contains one or more of the following dietary ingredients: | |
33 | 1. A vitamin; | |
34 | 2. A mineral; | |
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| |
1 | 3. An herb or other botanical; | |
2 | 4. An amino acid; | |
3 | 5. A dietary substance for use by humans to supplement the diet by increasing the total | |
4 | dietary intake; or | |
5 | 6. A concentrate, metabolite, constituent, extract, or combination of any ingredient | |
6 | described in above; and | |
7 | (B) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or | |
8 | if not intended for ingestion in such a form, is not represented as conventional food and is not | |
9 | represented for use as a sole item of a meal or of the diet; and | |
10 | (C) Is required to be labeled as a dietary supplement, identifiable by the "Supplemental | |
11 | Facts" box found on the label and as required pursuant to 21 C.F.R. § 101.36. | |
12 | (m) "Food sold through vending machines" means food dispensed from a machine or other | |
13 | mechanical device that accepts payment. | |
14 | (n) "Hotel" means every building or other structure kept, used, maintained, advertised as | |
15 | or held out to the public to be a place where living quarters are supplied for pay to transient or | |
16 | permanent guests and tenants and includes a motel. | |
17 | (i) "Living quarters" means sleeping rooms, sleeping or housekeeping accommodations, or | |
18 | any other room or accommodation in any part of the hotel, rooming house or tourist camp which is | |
19 | available for or rented out for hire in the lodging of guests. | |
20 | (ii) "Rooming house" means every house, boat, vehicle, motor court or other structure kept, | |
21 | used, maintained, advertised or held out to the public to be a place where living quarters are | |
22 | supplied for pay to transient or permanent guests or tenants, whether in one or adjoining buildings. | |
23 | (iii) "Tourist camp" means a place where tents or tent houses, or camp cottages, or cabins | |
24 | or other structures are located and offered to the public or any segment thereof for human | |
25 | habitation. | |
26 | (o) "Lease or rental" means any transfer of possession or control of tangible personal | |
27 | property for a fixed or indeterminate term for consideration. A lease or rental may include future | |
28 | options to purchase or extend. Lease or rental does not include: | |
29 | (i) A transfer of possession or control of property under a security agreement or deferred | |
30 | payment plan that requires the transfer of title upon completion of the required payments; | |
31 | (ii) A transfer or possession or control of property under an agreement that requires the | |
32 | transfer of title upon completion of required payments and payment of an option price does not | |
33 | exceed the greater of one hundred dollars ($100) or one percent of the total required payments; or | |
34 | (iii) Providing tangible personal property along with an operator for a fixed or | |
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| |
1 | indeterminate period of time. A condition of this exclusion is that the operator is necessary for the | |
2 | equipment to perform as designed. For the purpose of this subsection, an operator must do more | |
3 | than maintain, inspect, or set-up the tangible personal property. | |
4 | (iv) Lease or rental does include agreements covering motor vehicles and trailers where the | |
5 | amount of consideration may be increased or decreased by reference to the amount realized upon | |
6 | sale or disposition of the property as defined in 26 U.S.C. § 7701(h)(1). | |
7 | (v) This definition shall be used for sales and use tax purposes regardless if a transaction | |
8 | is characterized as a lease or rental under generally accepted accounting principles, the Internal | |
9 | Revenue Code, the Uniform Commercial Code, or other provisions of federal, state or local law. | |
10 | (vi) This definition will be applied only prospectively from the date of adoption and will | |
11 | have no retroactive impact on existing leases or rentals. This definition shall neither impact any | |
12 | existing sale-leaseback exemption or exclusions that a state may have, nor preclude a state from | |
13 | adopting a sale-leaseback exemption or exclusion after the effective date of the Agreement. | |
14 | (p) "Mobility enhancing equipment" means equipment including repair and replacement | |
15 | parts to same, which: | |
16 | (i) Is primarily and customarily used to provide or increase the ability to move from one | |
17 | place to another and which is appropriate for use either in a home or a motor vehicle; and | |
18 | (ii) Is not generally used by persons with normal mobility; and | |
19 | (iii) Does not include any motor vehicle or equipment on a motor vehicle normally | |
20 | provided by a motor vehicle manufacturer. | |
21 | Mobility enhancing equipment does not include durable medical equipment. | |
22 | (q) "Model 1 Seller" means a seller that has selected a CSP as its agent to perform all the | |
23 | seller's sales and use tax functions, other than the seller's obligation to remit tax on its own | |
24 | purchases. | |
25 | (r) "Model 2 Seller" means a seller that has selected a CAS to perform part of its sales and | |
26 | use tax functions, but retains responsibility for remitting the tax. | |
27 | (s) "Model 3 Seller" means a seller that has sales in at least five member states, has total | |
28 | annual sales revenue of at least five hundred million dollars ($500,000,000), has a proprietary | |
29 | system that calculates the amount of tax due each jurisdiction, and has entered into a performance | |
30 | agreement with the member states that establishes a tax performance standard for the seller. As | |
31 | used in this definition, a seller includes an affiliated group of sellers using the same proprietary | |
32 | system. | |
33 | (t) "Prosthetic device" means a replacement, corrective, or supportive devices including | |
34 | repair and replacement parts for same worn on or in the body to: | |
|
| |
1 | (i) Artificially replace a missing portion of the body; | |
2 | (ii) Prevent or correct physical deformity or malfunction; or | |
3 | (iii) Support a weak or deformed portion of the body. | |
4 | (u) "Purchaser" means a person to whom a sale of personal property is made or to whom a | |
5 | service is furnished. | |
6 | (v) "Purchase price" applies to the measure subject to use tax and has the same meaning as | |
7 | sales price. | |
8 | (w) "Seller" means a person making sales, leases, or rentals of personal property or | |
9 | services. | |
10 | (x) "State" means any state of the United States and the District of Columbia. | |
11 | (y) "Telecommunications" tax base/exemption terms | |
12 | (i) Telecommunication terms shall be defined as follows: | |
13 | (A) "Ancillary services" means services that are associated with or incidental to the | |
14 | provision of "telecommunications services", including, but not limited to, "detailed | |
15 | telecommunications billing", "directory assistance", "vertical service", and "voice mail services". | |
16 | (B) "Conference bridging service" means an "ancillary service" that links two (2) or more | |
17 | participants of an audio or video conference call and may include the provision of a telephone | |
18 | number. "Conference bridging service" does not include the "telecommunications services" used | |
19 | to reach the conference bridge. | |
20 | (C) "Detailed telecommunications billing service" means an "ancillary service" of | |
21 | separately stating information pertaining to individual calls on a customer's billing statement. | |
22 | (D) "Directory assistance" means an "ancillary service" of providing telephone number | |
23 | information, and/or address information. | |
24 | (E) "Vertical service" means an "ancillary service" that is offered in connection with one | |
25 | or more "telecommunications services", which offers advanced calling features that allow | |
26 | customers to identify callers and to manage multiple calls and call connections, including | |
27 | "conference bridging services". | |
28 | (F) "Voice mail service" means an "ancillary service" that enables the customer to store, | |
29 | send or receive recorded messages. "Voice mail service" does not include any "vertical services" | |
30 | that the customer may be required to have in order to utilize the "voice mail service". | |
31 | (G) "Telecommunications service" means the electronic transmission, conveyance, or | |
32 | routing of voice, data, audio, video, or any other information or signals to a point, or between or | |
33 | among points. The term "telecommunications service" includes such transmission, conveyance, or | |
34 | routing in which computer processing applications are used to act on the form, code or protocol of | |
|
| |
1 | the content for purposes of transmission, conveyance or routing without regard to whether such | |
2 | service is referred to as voice over Internet protocol services or is classified by the Federal | |
3 | Communications Commission as enhanced or value added. "Telecommunications service" does not | |
4 | include: | |
5 | (1) Data processing and information services that allow data to be generated, acquired, | |
6 | stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where | |
7 | such purchaser's primary purpose for the underlying transaction is the processed data or | |
8 | information; | |
9 | (2) Installation or maintenance of wiring or equipment on a customer's premises; | |
10 | (3) Tangible personal property; | |
11 | (4) Advertising, including, but not limited to, directory advertising. | |
12 | (5) Billing and collection services provided to third parties; | |
13 | (6) Internet access service; | |
14 | (7) Radio and television audio and video programming services, regardless of the medium, | |
15 | including the furnishing of transmission, conveyance and routing of such services by the | |
16 | programming service provider. Radio and television audio and video programming services shall | |
17 | include, but not be limited to, cable service as defined in 47 U.S.C. § 522(6) and audio and video | |
18 | programming services delivered by commercial mobile radio service providers, as defined in 47 | |
19 | CFR 20.3; | |
20 | (8) "Ancillary services"; or | |
21 | (9) Digital products "delivered electronically", including, but not limited to, software, | |
22 | music, video, reading materials or ring tones. | |
23 | (H) "800 service" means a "telecommunications service" that allows a caller to dial a toll- | |
24 | free number without incurring a charge for the call. The service is typically marketed under the | |
25 | name "800", "855", "866", "877", and "888" toll-free calling, and any subsequent numbers | |
26 | designated by the Federal Communications Commission. | |
27 | (I) "900 service" means an inbound toll "telecommunications service" purchased by a | |
28 | subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded | |
29 | announcement or live service. "900 service" does not include the charge for: collection services | |
30 | provided by the seller of the "telecommunications services" to the subscriber, or service or product | |
31 | sold by the subscriber to the subscriber's customer. The service is typically marketed under the | |
32 | name "900 service," and any subsequent numbers designated by the Federal Communications | |
33 | Commission. | |
34 | (J) "Fixed wireless service" means a "telecommunications service" that provides radio | |
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| |
1 | communication between fixed points. | |
2 | (K) "Mobile wireless service" means a "telecommunications service" that is transmitted, | |
3 | conveyed or routed regardless of the technology used, whereby the origination and/or termination | |
4 | points of the transmission, conveyance or routing are not fixed, including, by way of example only, | |
5 | "telecommunications services" that are provided by a commercial mobile radio service provider. | |
6 | (L) "Paging service" means a "telecommunications service" that provides transmission of | |
7 | coded radio signals for the purpose of activating specific pagers; such transmissions may include | |
8 | messages and/or sounds. | |
9 | (M) "Prepaid calling service" means the right to access exclusively "telecommunications | |
10 | services", which must be paid for in advance and which enables the origination of calls using an | |
11 | access number or authorization code, whether manually or electronically dialed, and that is sold in | |
12 | predetermined units or dollars of which the number declines with use in a known amount. | |
13 | (N) "Prepaid wireless calling service" means a "telecommunications service" that provides | |
14 | the right to utilize "mobile wireless service" as well as other non-telecommunications services | |
15 | including the download of digital products "delivered electronically", content and "ancillary | |
16 | services" which must be paid for in advance that is sold in predetermined units of dollars of which | |
17 | the number declines with use in a known amount. | |
18 | (O) "Private communications service" means a telecommunications service that entitles the | |
19 | customer to exclusive or priority use of a communications channel or group of channels between | |
20 | or among termination points, regardless of the manner in which such channel or channels are | |
21 | connected, and includes switching capacity, extension lines, stations, and any other associated | |
22 | services that are provided in connection with the use of such channel or channels. | |
23 | (P) "Value-added non-voice data service" means a service that otherwise meets the | |
24 | definition of "telecommunications services" in which computer processing applications are used to | |
25 | act on the form, content, code, or protocol of the information or data primarily for a purpose other | |
26 | than transmission, conveyance or routing. | |
27 | (ii) "Modifiers of Sales Tax Base/Exemption Terms" -- the following terms can be used to | |
28 | further delineate the type of "telecommunications service" to be taxed or exempted. The terms | |
29 | would be used with the broader terms and subcategories delineated above. | |
30 | (A) "Coin-operated telephone service" means a "telecommunications service" paid for by | |
31 | inserting money into a telephone accepting direct deposits of money to operate. | |
32 | (B) "International" means a "telecommunications service" that originates or terminates in | |
33 | the United States and terminates or originates outside the United States, respectively. United States | |
34 | includes the District of Columbia or a U.S. territory or possession. | |
|
| |
1 | (C) "Interstate" means a "telecommunications service" that originates in one United States | |
2 | state, or a United States territory or possession, and terminates in a different United States state or | |
3 | a United States territory or possession. | |
4 | (D) "Intrastate" means a "telecommunications service" that originates in one United States | |
5 | state or a United States territory or possession, and terminates in the same United States state or a | |
6 | United States territory or possession. | |
7 | (E) "Pay telephone service" means a "telecommunications service" provided through any | |
8 | pay telephone. | |
9 | (F) "Residential telecommunications service" means a "telecommunications service" or | |
10 | "ancillary services" provided to an individual for personal use at a residential address, including an | |
11 | individual dwelling unit such as an apartment. In the case of institutions where individuals reside, | |
12 | such as schools or nursing homes, "telecommunications service" is considered residential if it is | |
13 | provided to and paid for by an individual resident rather than the institution. | |
14 | The terms "ancillary services" and "telecommunications service" are defined as a broad | |
15 | range of services. The terms "ancillary services" and "telecommunications service" are broader | |
16 | than the sum of the subcategories. Definitions of subcategories of "ancillary services" and | |
17 | "telecommunications service" can be used by a member state alone or in combination with other | |
18 | subcategories to define a narrower tax base than the definitions of "ancillary services" and | |
19 | "telecommunications service" would imply. The subcategories can also be used by a member state | |
20 | to provide exemptions for certain subcategories of the more broadly defined terms. | |
21 | A member state that specifically imposes tax on, or exempts from tax, local telephone or | |
22 | local telecommunications service may define "local service" in any manner in accordance with § | |
23 | 44-18.1-28, except as limited by other sections of this Agreement. | |
24 | (z) "Tobacco" means cigarettes, cigars, chewing or pipe tobacco, or any other item that | |
25 | contains tobacco. | |
26 | 44-18-30. Gross receipts exempt from sales and use taxes. | |
27 | There are exempted from the taxes imposed by this chapter the following gross receipts: | |
28 | (1) Sales and uses beyond constitutional power of state. From the sale and from the storage, | |
29 | use, or other consumption in this state of tangible personal property the gross receipts from the sale | |
30 | of which, or the storage, use, or other consumption of which, this state is prohibited from taxing | |
31 | under the Constitution of the United States or under the constitution of this state. | |
32 | (2) Newspapers. | |
33 | (i) From the sale and from the storage, use, or other consumption in this state of any | |
34 | newspaper. | |
|
| |
1 | (ii) "Newspaper" means an unbound publication printed on newsprint that contains news, | |
2 | editorial comment, opinions, features, advertising matter, and other matters of public interest. | |
3 | (iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or | |
4 | similar item unless the item is printed for, and distributed as, a part of a newspaper. | |
5 | (3) School meals. From the sale and from the storage, use, or other consumption in this | |
6 | state of meals served by public, private, or parochial schools, school districts, colleges, universities, | |
7 | student organizations, and parent-teacher associations to the students or teachers of a school, | |
8 | college, or university whether the meals are served by the educational institutions or by a food | |
9 | service or management entity under contract to the educational institutions. | |
10 | (4) Containers. | |
11 | (i) From the sale and from the storage, use, or other consumption in this state of: | |
12 | (A) Non-returnable containers, including boxes, paper bags, and wrapping materials that | |
13 | are biodegradable and all bags and wrapping materials utilized in the medical and healing arts, | |
14 | when sold without the contents to persons who place the contents in the container and sell the | |
15 | contents with the container. | |
16 | (B) Containers when sold with the contents if the sale price of the contents is not required | |
17 | to be included in the measure of the taxes imposed by this chapter. | |
18 | (C) Returnable containers when sold with the contents in connection with a retail sale of | |
19 | the contents or when resold for refilling. | |
20 | (ii) As used in this subdivision, the term "returnable containers" means containers of a kind | |
21 | customarily returned by the buyer of the contents for reuse. All other containers are "non-returnable | |
22 | containers." | |
23 | (5) (i) Charitable, educational, and religious organizations. From the sale to, as in defined | |
24 | in this section, and from the storage, use, and other consumption in this state, or any other state of | |
25 | the United States of America, of tangible personal property by hospitals not operated for a profit; | |
26 | "educational institutions" as defined in subdivision (18) not operated for a profit; churches, | |
27 | orphanages, and other institutions or organizations operated exclusively for religious or charitable | |
28 | purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting | |
29 | leagues and associations and bands for boys and girls under the age of nineteen (19) years; the | |
30 | following vocational student organizations that are state chapters of national vocational students | |
31 | organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of | |
32 | America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers | |
33 | of America/Home Economics Related Occupations (FHA/HERD); Vocational Industrial Clubs of | |
34 | America (VICA); organized nonprofit golden age and senior citizens clubs for men and women; | |
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| |
1 | and parent-teacher associations; and from the sale, storage, use, and other consumption in this state, | |
2 | of and by the Industrial Foundation of Burrillville, a Rhode Island domestic nonprofit corporation. | |
3 | (ii) In the case of contracts entered into with the federal government, its agencies, or | |
4 | instrumentalities, this state, or any other state of the United States of America, its agencies, any | |
5 | city, town, district, or other political subdivision of the states; hospitals not operated for profit; | |
6 | educational institutions not operated for profit; churches, orphanages, and other institutions or | |
7 | organizations operated exclusively for religious or charitable purposes, the contractor may purchase | |
8 | such materials and supplies (materials and/or supplies are defined as those that are essential to the | |
9 | project) that are to be utilized in the construction of the projects being performed under the contracts | |
10 | without payment of the tax. | |
11 | (iii) The contractor shall not charge any sales or use tax to any exempt agency, institution, | |
12 | or organization but shall in that instance provide his or her suppliers with certificates in the form | |
13 | as determined by the division of taxation showing the reason for exemption and the contractor's | |
14 | records must substantiate the claim for exemption by showing the disposition of all property so | |
15 | purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax | |
16 | on the property used. | |
17 | (6) Gasoline. From the sale and from the storage, use, or other consumption in this state of: | |
18 | (i) gasoline and other products taxed under chapter 36 of title 31 and (ii) fuels used for the | |
19 | propulsion of airplanes. | |
20 | (7) Purchase for manufacturing purposes. | |
21 | (i) From the sale and from the storage, use, or other consumption in this state of computer | |
22 | software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and | |
23 | water, when the property or service is purchased for the purpose of being manufactured into a | |
24 | finished product for resale and becomes an ingredient, component, or integral part of the | |
25 | manufactured, compounded, processed, assembled, or prepared product, or if the property or | |
26 | service is consumed in the process of manufacturing for resale computer software, tangible personal | |
27 | property, electricity, natural gas, artificial gas, steam, refrigeration, or water. | |
28 | (ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the | |
29 | property cannot be repaired, reconditioned, or rendered fit for further manufacturing use. | |
30 | (iii) "Consumed" includes mere obsolescence. | |
31 | (iv) "Manufacturing" means and includes manufacturing, compounding, processing, | |
32 | assembling, preparing, or producing. | |
33 | (v) "Process of manufacturing" means and includes all production operations performed in | |
34 | the producing or processing room, shop, or plant, insofar as the operations are a part of and | |
|
| |
1 | connected with the manufacturing for resale of tangible personal property, electricity, natural gas, | |
2 | artificial gas, steam, refrigeration, or water and all production operations performed insofar as the | |
3 | operations are a part of and connected with the manufacturing for resale of computer software. | |
4 | (vi) "Process of manufacturing" does not mean or include administration operations such | |
5 | as general office operations, accounting, collection or sales promotion, nor does it mean or include | |
6 | distribution operations that occur subsequent to production operations, such as handling, storing, | |
7 | selling, and transporting the manufactured products, even though the administration and | |
8 | distribution operations are performed by, or in connection with, a manufacturing business. | |
9 | (8) State and political subdivisions. From the sale to, and from the storage, use, or other | |
10 | consumption by, this state, any city, town, district, or other political subdivision of this state. Every | |
11 | redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of | |
12 | the municipality where it is located. | |
13 | (9) Food and food ingredients. From the sale and storage, use, or other consumption in this | |
14 | state of food and food ingredients as defined in § 44-18-7.1(l). | |
15 | For the purposes of this exemption "food and food ingredients" shall not include candy, | |
16 | soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending | |
17 | machines, or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is: | |
18 | (i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311, | |
19 | except sub-sector 3118 (bakeries); | |
20 | (ii) Sold in an unheated state by weight or volume as a single item; | |
21 | (iii) Bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries, donuts, | |
22 | danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and | |
23 | is not sold with utensils provided by the seller, including plates, knives, forks, spoons, | |
24 | glasses, cups, napkins, or straws. | |
25 | (10) Medicines, drugs, and durable medical equipment. From the sale and from the storage, | |
26 | use, or other consumption in this state, of; | |
27 | (i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and | |
28 | insulin whether or not sold on prescription. For purposes of this exemption drugs shall not include | |
29 | over-the-counter drugs and grooming and hygiene products as defined in § 44-18-7.1(h)(iii). | |
30 | (ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only, including, | |
31 | but not limited to, syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent | |
32 | chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug | |
33 | delivery pumps that are sold on prescription to individuals to be used by them to dispense or | |
34 | administer prescription drugs, and related ancillary dressings and supplies used to dispense or | |
|
| |
1 | administer prescription drugs, shall also be exempt from tax. | |
2 | (11) Prosthetic devices and mobility enhancing equipment. From the sale and from the | |
3 | storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t), | |
4 | sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles, eyeglasses, | |
5 | and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription; | |
6 | and mobility enhancing equipment as defined in § 44-18-7.1(p), including wheelchairs, crutches | |
7 | and canes. | |
8 | (12) Coffins, caskets, and burial garments. From the sale and from the storage, use, or other | |
9 | consumption in this state of coffins or caskets, and shrouds or other burial garments that are | |
10 | ordinarily sold by a funeral director as part of the business of funeral directing. | |
11 | (13) Motor vehicles sold to nonresidents. | |
12 | (i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident | |
13 | of this state who does not register the motor vehicle in this state, whether the sale or delivery of the | |
14 | motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle | |
15 | sold to a bona fide nonresident whose state of residence does not allow a like exemption to its | |
16 | nonresidents is not exempt from the tax imposed under § 44-18-20. In that event, the bona fide | |
17 | nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed | |
18 | in his or her state of residence not to exceed the rate that would have been imposed under § 44-18- | |
19 | 20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and | |
20 | collect the tax required under this subdivision and remit the tax to the tax administrator under the | |
21 | provisions of chapters 18 and 19 of this title. When a Rhode Island licensed, motor vehicle dealer | |
22 | is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide | |
23 | nonresident as provided in this section, the dealer in computing the tax takes into consideration the | |
24 | law of the state of the nonresident as it relates to the trade-in of motor vehicles. | |
25 | (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may | |
26 | require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the | |
27 | tax administrator deems reasonably necessary to substantiate the exemption provided in this | |
28 | subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the | |
29 | motor vehicle was the holder of, and had in his or her possession a valid out of state motor vehicle | |
30 | registration or a valid out of state driver's license. | |
31 | (iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of | |
32 | the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or | |
33 | other consumption in this state, and is subject to, and liable for, the use tax imposed under the | |
34 | provisions of § 44-18-20. | |
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1 | (14) Sales in public buildings by blind people. From the sale and from the storage, use, or | |
2 | other consumption in all public buildings in this state of all products or wares by any person | |
3 | licensed under § 40-9-11.1. | |
4 | (15) Air and water pollution control facilities. From the sale, storage, use, or other | |
5 | consumption in this state of tangible personal property or supplies acquired for incorporation into | |
6 | or used and consumed in the operation of a facility, the primary purpose of which is to aid in the | |
7 | control of the pollution or contamination of the waters or air of the state, as defined in chapter 12 | |
8 | of title 46 and chapter 25 of title 23, respectively, and that has been certified as approved for that | |
9 | purpose by the director of environmental management. The director of environmental management | |
10 | may certify to a portion of the tangible personal property or supplies acquired for incorporation | |
11 | into those facilities or used and consumed in the operation of those facilities to the extent that that | |
12 | portion has as its primary purpose the control of the pollution or contamination of the waters or air | |
13 | of this state. As used in this subdivision, "facility" means any land, facility, device, building, | |
14 | machinery, or equipment. | |
15 | (16) Camps. From the rental charged for living quarters, or sleeping, or housekeeping | |
16 | accommodations at camps or retreat houses operated by religious, charitable, educational, or other | |
17 | organizations and associations mentioned in subdivision (5), or by privately owned and operated | |
18 | summer camps for children. | |
19 | (17) Certain institutions. From the rental charged for living or sleeping quarters in an | |
20 | institution licensed by the state for the hospitalization, custodial, or nursing care of human beings. | |
21 | (18) Educational institutions. From the rental charged by any educational institution for | |
22 | living quarters, or sleeping, or housekeeping accommodations or other rooms or accommodations | |
23 | to any student or teacher necessitated by attendance at an educational institution. "Educational | |
24 | institution" as used in this section means an institution of learning not operated for profit that is | |
25 | empowered to confer diplomas, educational, literary, or academic degrees; that has a regular | |
26 | faculty, curriculum, and organized body of pupils or students in attendance throughout the usual | |
27 | school year; that keeps and furnishes to students and others records required and accepted for | |
28 | entrance to schools of secondary, collegiate, or graduate rank; and no part of the net earnings of | |
29 | which inures to the benefit of any individual. | |
30 | (19) Motor vehicle and adaptive equipment for persons with disabilities. | |
31 | (i) From the sale of: (A) Special adaptations; (B) The component parts of the special | |
32 | adaptations; or (C) A specially adapted motor vehicle; provided that the owner furnishes to the tax | |
33 | administrator an affidavit of a licensed physician to the effect that the specially adapted motor | |
34 | vehicle is necessary to transport a family member with a disability or where the vehicle has been | |
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1 | specially adapted to meet the specific needs of the person with a disability. This exemption applies | |
2 | to not more than one motor vehicle owned and registered for personal, noncommercial use. | |
3 | (ii) For the purpose of this subsection the term "special adaptations" includes, but is not | |
4 | limited to: wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair securements, hand | |
5 | controls, steering devices, extensions, relocations, and crossovers of operator controls, power- | |
6 | assisted controls, raised tops or dropped floors, raised entry doors, or alternative signaling devices | |
7 | to auditory signals. | |
8 | (iii) From the sale of: (a) special adaptations, (b) the component parts of the special | |
9 | adaptations, for a "wheelchair accessible taxicab" as defined in § 39-14-1, and/or a "wheelchair | |
10 | accessible public motor vehicle" as defined in § 39-14.1-1. | |
11 | (iv) For the purpose of this subdivision the exemption for a "specially adapted motor | |
12 | vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due on | |
13 | the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special | |
14 | adaptations, including installation. | |
15 | (20) Heating fuels. From the sale and from the storage, use, or other consumption in this | |
16 | state of every type of heating fuel. | |
17 | (21) Electricity and gas. From the sale and from the storage, use, or other consumption in | |
18 | this state of electricity and gas. | |
19 | (22) Manufacturing machinery and equipment. | |
20 | (i) From the sale and from the storage, use, or other consumption in this state of tools, dies, | |
21 | molds, machinery, equipment (including replacement parts), and related items to the extent used in | |
22 | an industrial plant in connection with the actual manufacture, conversion, or processing of tangible | |
23 | personal property, or to the extent used in connection with the actual manufacture, conversion, or | |
24 | processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 | |
25 | in the standard industrial classification manual prepared by the Technical Committee on Industrial | |
26 | Classification, Office of Statistical Standards, Executive Office of the President, United States | |
27 | Bureau of the Budget, as revised from time to time, to be sold, or that machinery and equipment | |
28 | used in the furnishing of power to an industrial manufacturing plant. For the purposes of this | |
29 | subdivision, "industrial plant" means a factory at a fixed location primarily engaged in the | |
30 | manufacture, conversion, or processing of tangible personal property to be sold in the regular | |
31 | course of business; | |
32 | (ii) Machinery and equipment and related items are not deemed to be used in connection | |
33 | with the actual manufacture, conversion, or processing of tangible personal property, or in | |
34 | connection with the actual manufacture, conversion, or processing of computer software as that | |
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| |
1 | term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification | |
2 | manual prepared by the Technical Committee on Industrial Classification, Office of Statistical | |
3 | Standards, Executive Office of the President, United States Bureau of the Budget, as revised from | |
4 | time to time, to be sold to the extent the property is used in administration or distribution operations; | |
5 | (iii) Machinery and equipment and related items used in connection with the actual | |
6 | manufacture, conversion, or processing of any computer software or any tangible personal property | |
7 | that is not to be sold and that would be exempt under subdivision (7) or this subdivision if purchased | |
8 | from a vendor or machinery and equipment and related items used during any manufacturing, | |
9 | converting, or processing function is exempt under this subdivision even if that operation, function, | |
10 | or purpose is not an integral or essential part of a continuous production flow or manufacturing | |
11 | process; | |
12 | (iv) Where a portion of a group of portable or mobile machinery is used in connection with | |
13 | the actual manufacture, conversion, or processing of computer software or tangible personal | |
14 | property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under | |
15 | this subdivision even though the machinery in that group is used interchangeably and not otherwise | |
16 | identifiable as to use. | |
17 | (23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other | |
18 | consumption in this state of so much of the purchase price paid for a new or used automobile as is | |
19 | allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of | |
20 | the proceeds applicable only to the automobile as are received from the manufacturer of | |
21 | automobiles for the repurchase of the automobile whether the repurchase was voluntary or not | |
22 | towards the purchase of a new or used automobile by the buyer. For the purpose of this subdivision, | |
23 | the word "automobile" means a private passenger automobile not used for hire and does not refer | |
24 | to any other type of motor vehicle. | |
25 | (24) Precious metal bullion. | |
26 | (i) From the sale and from the storage, use, or other consumption in this state of precious | |
27 | metal bullion, substantially equivalent to a transaction in securities or commodities. | |
28 | (ii) For purposes of this subdivision, "precious metal bullion" means any elementary | |
29 | precious metal that has been put through a process of smelting or refining, including, but not limited | |
30 | to, gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that its value | |
31 | depends upon its content and not upon its form. | |
32 | (iii) The term does not include fabricated precious metal that has been processed or | |
33 | manufactured for some one or more specific and customary industrial, professional, or artistic uses. | |
34 | (25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of | |
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| |
1 | fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the | |
2 | repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use | |
3 | of the vessels including provisions, supplies, and material for the maintenance and/or repair of the | |
4 | vessels. | |
5 | (26) Commercial fishing vessels. From the sale and from the storage, use, or other | |
6 | consumption in this state of vessels and other water craft that are in excess of five (5) net tons and | |
7 | that are used exclusively for "commercial fishing", as defined in this subdivision, and from the | |
8 | repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property | |
9 | purchased for the use of those vessels and other watercraft including provisions, supplies, and | |
10 | material for the maintenance and/or repair of the vessels and other watercraft and the boats nets, | |
11 | cables, tackle, and other fishing equipment appurtenant to or used in connection with the | |
12 | commercial fishing of the vessels and other watercraft. "Commercial fishing" means taking or | |
13 | attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of it for | |
14 | profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence | |
15 | fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include | |
16 | vessels and other watercraft with a Rhode Island party and charter boat license issued by the | |
17 | department of environmental management pursuant to § 20-2-27.1 that meet the following criteria: | |
18 | (i) The operator must have a current U.S.C.G. license to carry passengers for hire; (ii) U.S.C.G. | |
19 | vessel documentation in the coast wide fishery trade; (iii) U.S.C.G. vessel documentation as to | |
20 | proof of Rhode Island home port status or a Rhode Island boat registration to prove Rhode Island | |
21 | home port status; and (iv) The vessel must be used as a commercial passenger carrying fishing | |
22 | vessel to carry passengers for fishing. The vessel must be able to demonstrate that at least fifty | |
23 | percent (50%) of its annual gross income derives from charters or provides documentation of a | |
24 | minimum of one hundred (100) charter trips annually; and (v) The vessel must have a valid Rhode | |
25 | Island party and charter boat license. The tax administrator shall implement the provisions of this | |
26 | subdivision by promulgating rules and regulations relating thereto. | |
27 | (27) Clothing and footwear. From the sales of articles of clothing, including footwear, | |
28 | intended to be worn or carried on or about the human body for sales prior to October 1, 2012. | |
29 | Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including | |
30 | footwear, intended to be worn or carried on or about the human body up to two hundred and fifty | |
31 | dollars ($250) of the sales price per item. For the purposes of this section, "clothing or footwear" | |
32 | does not include clothing accessories or equipment or special clothing or footwear primarily | |
33 | designed for athletic activity or protective use as these terms are defined in section 44-18-7.1(f). In | |
34 | recognition of the work being performed by the streamlined sales and use tax governing board, | |
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1 | upon passage of any federal law that authorizes states to require remote sellers to collect and remit | |
2 | sales and use taxes, this unlimited exemption will apply as it did prior to October 1, 2012. The | |
3 | unlimited exemption on sales of clothing and footwear shall take effect on the date that the state | |
4 | requires remote sellers to collect and remit sales and use taxes. | |
5 | (28) Water for residential use. From the sale and from the storage, use, or other | |
6 | consumption in this state of water furnished for domestic use by occupants of residential premises. | |
7 | (29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes | |
8 | to Decisions.] From the sale and from the storage, use, or other consumption in the state of any | |
9 | canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited | |
10 | to, the Old Testament and the New Testament versions. | |
11 | (30) Boats. | |
12 | (i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not | |
13 | register the boat or vessel in this state or document the boat or vessel with the United States | |
14 | government at a home port within the state, whether the sale or delivery of the boat or vessel is | |
15 | made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30) | |
16 | days after delivery by the seller outside the state for use thereafter solely outside the state. | |
17 | (ii) The tax administrator, in addition to the provisions of §§ 44-19-17 and 44-19-28, may | |
18 | require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the | |
19 | tax administrator deems reasonably necessary to substantiate the exemption provided in this | |
20 | subdivision, including the affidavit of the seller that the buyer represented himself or herself to be | |
21 | a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state. | |
22 | (31) Youth activities equipment. From the sale, storage, use, or other consumption in this | |
23 | state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island | |
24 | eleemosynary organizations, for the purposes of youth activities that the organization is formed to | |
25 | sponsor and support; and by accredited elementary and secondary schools for the purposes of the | |
26 | schools or of organized activities of the enrolled students. | |
27 | (32) Farm equipment. From the sale and from the storage or use of machinery and | |
28 | equipment used directly for commercial farming and agricultural production; including, but not | |
29 | limited to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors, | |
30 | balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment, | |
31 | greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and | |
32 | other farming equipment, including replacement parts appurtenant to or used in connection with | |
33 | commercial farming and tools and supplies used in the repair and maintenance of farming | |
34 | equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or the | |
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1 | production within this state of agricultural products, including, but not limited to, field or orchard | |
2 | crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production | |
3 | provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator, | |
4 | whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July | |
5 | 1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I | |
6 | shall be based on proof of annual, gross sales from commercial farming of at least twenty-five | |
7 | hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this | |
8 | subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or | |
9 | greater. Level II shall be based on proof of annual gross sales from commercial farming of at least | |
10 | ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption | |
11 | provided in this subdivision including motor vehicles with an excise tax value of five thousand | |
12 | dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount | |
13 | of annual gross sales from commercial farming shall be required for the prior year; for any renewal | |
14 | of an exemption granted in accordance with this subdivision at either level I or level II, proof of | |
15 | gross annual sales from commercial farming at the requisite amount shall be required for each of | |
16 | the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly | |
17 | indicate the level of the exemption and be valid for four (4) years after the date of issue. This | |
18 | exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for | |
19 | a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after | |
20 | July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for | |
21 | registration displaying farm plates as provided for in § 31-3-31. | |
22 | (33) Compressed air. From the sale and from the storage, use, or other consumption in the | |
23 | state of compressed air. | |
24 | (34) Flags. From the sale and from the storage, consumption, or other use in this state of | |
25 | United States, Rhode Island or POW-MIA flags. | |
26 | (35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor | |
27 | vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or | |
28 | the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether service | |
29 | connected or not. The motor vehicle must be purchased by and especially equipped for use by the | |
30 | qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or | |
31 | regulations that the tax administrator may prescribe. | |
32 | (36) Textbooks. From the sale and from the storage, use, or other consumption in this state | |
33 | of textbooks by an "educational institution", as defined in subdivision (18) of this section, and any | |
34 | educational institution within the purview of § 16-63-9(4), and used textbooks by any purveyor. | |
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1 | (37) Tangible personal property and supplies used in on-site hazardous waste recycling, | |
2 | reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible | |
3 | personal property or supplies used or consumed in the operation of equipment, the exclusive | |
4 | function of which is the recycling, reuse, or recovery of materials (other than precious metals, as | |
5 | defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes", as defined | |
6 | in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the same | |
7 | taxpayer and where the personal property is located at, in, or adjacent to a generating facility of the | |
8 | taxpayer in Rhode Island. The taxpayer shall procure an order from the director of the department | |
9 | of environmental management certifying that the equipment and/or supplies as used or consumed, | |
10 | qualify for the exemption under this subdivision. If any information relating to secret processes or | |
11 | methods of manufacture, production, or treatment is disclosed to the department of environmental | |
12 | management only to procure an order, and is a "trade secret" as defined in § 28-21-10(b), it is not | |
13 | open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of | |
14 | title 28 or chapter 24.4 of title 23. | |
15 | (38) Promotional and product literature of boat manufacturers. From the sale and from the | |
16 | storage, use, or other consumption of promotional and product literature of boat manufacturers | |
17 | shipped to points outside of Rhode Island that either: (i) Accompany the product that is sold; (ii) | |
18 | Are shipped in bulk to out-of-state dealers for use in the sale of the product; or (iii) Are mailed to | |
19 | customers at no charge. | |
20 | (39) Food items paid for by food stamps. From the sale and from the storage, use, or other | |
21 | consumption in this state of eligible food items payment for which is properly made to the retailer | |
22 | in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977, | |
23 | 7 U.S.C. § 2011 et seq. | |
24 | (40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39- | |
25 | 12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed with | |
26 | the Rhode Island public utilities commission on the number of miles driven or by the number of | |
27 | hours spent on the job. | |
28 | (41) Trade-in value of boats. From the sale and from the storage, use, or other consumption | |
29 | in this state of so much of the purchase price paid for a new or used boat as is allocated for a trade- | |
30 | in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only | |
31 | to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards | |
32 | the purchase of a new or used boat by the buyer. | |
33 | (42) Equipment used for research and development. From the sale and from the storage, | |
34 | use, or other consumption of equipment to the extent used for research and development purposes | |
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| |
1 | by a qualifying firm. For the purposes of this subdivision, "qualifying firm" means a business for | |
2 | which the use of research and development equipment is an integral part of its operation and | |
3 | "equipment" means scientific equipment, computers, software, and related items. | |
4 | (43) Coins. From the sale and from the other consumption in this state of coins having | |
5 | numismatic or investment value. | |
6 | (44) Farm structure construction materials. Lumber, hardware, and other materials used in | |
7 | the new construction of farm structures, including production facilities such as, but not limited to, | |
8 | farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying houses, | |
9 | fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing rooms, | |
10 | machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos, | |
11 | feed storage sheds, and any other structures used in connection with commercial farming. | |
12 | (45) Telecommunications carrier access service. Carrier access service or | |
13 | telecommunications service when purchased by a telecommunications company from another | |
14 | telecommunications company to facilitate the provision of telecommunications service. | |
15 | (46) Boats or vessels brought into the state exclusively for winter storage, maintenance, | |
16 | repair or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11 and 44-18-20, the tax | |
17 | imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in | |
18 | any year up to and including the 30th day of April next succeeding with respect to the use of any | |
19 | boat or vessel within this state exclusively for purposes of: (i) Delivery of the vessel to a facility in | |
20 | this state for storage, including dry storage and storage in water by means of apparatus preventing | |
21 | ice damage to the hull, maintenance, or repair; (ii) The actual process of storage, maintenance, or | |
22 | repair of the boat or vessel; or (iii) Storage for the purpose of selling the boat or vessel. | |
23 | (47) Jewelry display product. From the sale and from the storage, use, or other consumption | |
24 | in this state of tangible personal property used to display any jewelry product; provided that title to | |
25 | the jewelry display product is transferred by the jewelry manufacturer or seller and that the jewelry | |
26 | display product is shipped out of state for use solely outside the state and is not returned to the | |
27 | jewelry manufacturer or seller. | |
28 | (48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax | |
29 | imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage, | |
30 | use, or other consumption in this state of any new or used boat. The exemption provided for in this | |
31 | subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten | |
32 | percent (10%) surcharge on luxury boats is repealed. | |
33 | (49) Banks and regulated investment companies interstate toll-free calls. Notwithstanding | |
34 | the provisions of this chapter, the tax imposed by this chapter does not apply to the furnishing of | |
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| |
1 | interstate and international, toll-free terminating telecommunication service that is used directly | |
2 | and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided | |
3 | that an eligible company employs on average during the calendar year no less than five hundred | |
4 | (500) "full-time equivalent employees" as that term is defined in § 42-64.5-2. For purposes of this | |
5 | section, an "eligible company" means a "regulated investment company" as that term is defined in | |
6 | the Internal Revenue Code of 1986, 26 U.S.C. § 1 et seq., or a corporation to the extent the service | |
7 | is provided, directly or indirectly, to or on behalf of a regulated investment company, an employee | |
8 | benefit plan, a retirement plan or a pension plan or a state-chartered bank. | |
9 | (50) Mobile and manufactured homes generally. From the sale and from the storage, use, | |
10 | or other consumption in this state of mobile and/or manufactured homes as defined and subject to | |
11 | taxation pursuant to the provisions of chapter 44 of title 31. | |
12 | (51) Manufacturing business reconstruction materials. | |
13 | (i) From the sale and from the storage, use, or other consumption in this state of lumber, | |
14 | hardware, and other building materials used in the reconstruction of a manufacturing business | |
15 | facility that suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any | |
16 | occurrence, natural or otherwise, that results in the destruction of sixty percent (60%) or more of | |
17 | an operating manufacturing business facility within this state. "Disaster" does not include any | |
18 | damage resulting from the willful act of the owner of the manufacturing business facility. | |
19 | (ii) Manufacturing business facility includes, but is not limited to, the structures housing | |
20 | the production and administrative facilities. | |
21 | (iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty | |
22 | percent (60%) provision applies to the damages suffered at that one site. | |
23 | (iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance, | |
24 | this exemption does not apply. | |
25 | (52) Tangible personal property and supplies used in the processing or preparation of floral | |
26 | products and floral arrangements. From the sale, storage, use, or other consumption in this state of | |
27 | tangible personal property or supplies purchased by florists, garden centers, or other like producers | |
28 | or vendors of flowers, plants, floral products, and natural and artificial floral arrangements that are | |
29 | ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements | |
30 | or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers, | |
31 | plants, floral products, or natural and artificial floral arrangements, including descriptive labels, | |
32 | stickers, and cards affixed to the flower, plant, floral product, or arrangement, artificial flowers, | |
33 | spray materials, floral paint and tint, plant shine, flower food, insecticide and fertilizers. | |
34 | (53) Horse food products. From the sale and from the storage, use, or other consumption | |
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| |
1 | in this state of horse food products purchased by a person engaged in the business of the boarding | |
2 | of horses. | |
3 | (54) Non-motorized recreational vehicles sold to nonresidents. | |
4 | (i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to | |
5 | a bona fide nonresident of this state who does not register the non-motorized recreational vehicle | |
6 | in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this | |
7 | state or at the place of residence of the nonresident; provided that a non-motorized recreational | |
8 | vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to | |
9 | its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in | |
10 | that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate | |
11 | that would be imposed in his or her state of residence not to exceed the rate that would have been | |
12 | imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed, non-motorized | |
13 | recreational vehicle dealer shall add and collect the tax required under this subdivision and remit | |
14 | the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided, | |
15 | that when a Rhode Island licensed, non-motorized recreational vehicle dealer is required to add and | |
16 | collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide | |
17 | nonresident as provided in this section, the dealer in computing the tax takes into consideration the | |
18 | law of the state of the nonresident as it relates to the trade-in of motor vehicles. | |
19 | (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may | |
20 | require any licensed, non-motorized recreational vehicle dealer to keep records of sales to bona fide | |
21 | nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption | |
22 | provided in this subdivision, including the affidavit of a licensed, non-motorized recreational | |
23 | vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and | |
24 | had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or | |
25 | a valid out-of-state driver's license. | |
26 | (iii) Any nonresident who registers a non-motorized recreational vehicle in this state within | |
27 | ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized | |
28 | recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable | |
29 | for, the use tax imposed under the provisions of § 44-18-20. | |
30 | (iv) "Non-motorized recreational vehicle" means any portable dwelling designed and | |
31 | constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use | |
32 | that is eligible to be registered for highway use, including, but not limited to, "pick-up coaches" or | |
33 | "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1 of | |
34 | title 31. | |
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1 | (55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of | |
2 | sprinkler and fire alarm systems; emergency lighting and alarm systems; and the materials | |
3 | necessary and attendant to the installation of those systems that are required in buildings and | |
4 | occupancies existing therein in July 2003 in order to comply with any additional requirements for | |
5 | such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003 | |
6 | and that are not required by any other provision of law or ordinance or regulation adopted pursuant | |
7 | to that Act. The exemption provided in this subdivision shall expire on December 31, 2008. | |
8 | (56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-18- | |
9 | 18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other consumption | |
10 | in this state of any new or used aircraft or aircraft parts. | |
11 | (57) Renewable energy products. Notwithstanding any other provisions of Rhode Island | |
12 | general laws, the following products shall also be exempt from sales tax: solar photovoltaic | |
13 | modules or panels, or any module or panel that generates electricity from light; solar thermal | |
14 | collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic, | |
15 | sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and | |
16 | water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold | |
17 | by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; and | |
18 | manufactured mounting racks and ballast pans for solar collector, module, or panel installation. Not | |
19 | to include materials that could be fabricated into such racks; monitoring and control equipment, if | |
20 | specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind | |
21 | energy systems or if required by law or regulation for such systems but not to include pumps, fans | |
22 | or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral | |
23 | part of, another item specified on this list; and solar storage tanks that are part of a solar domestic | |
24 | hot water system or a solar space heating system. If the tank comes with an external heat exchanger | |
25 | it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax. | |
26 | (58) Returned property. The amount charged for property returned by customers upon | |
27 | rescission of the contract of sale when the entire amount exclusive of handling charges paid for the | |
28 | property is refunded in either cash or credit, and where the property is returned within one hundred | |
29 | twenty (120) days from the date of delivery. | |
30 | (59) Dietary Supplements. From the sale and from the storage, use, or other consumption | |
31 | of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions. | |
32 | (60) Blood. From the sale and from the storage, use, or other consumption of human blood. | |
33 | (61) Agricultural products for human consumption. From the sale and from the storage, | |
34 | use, or other consumption of livestock and poultry of the kinds of products that ordinarily constitute | |
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1 | food for human consumption and of livestock of the kind the products of which ordinarily | |
2 | constitutes fibers for human use. | |
3 | (62) Diesel emission control technology. From the sale and use of diesel retrofit technology | |
4 | that is required by § 31-47.3-4. | |
5 | (63) Feed for certain animals used in commercial farming. From the sale of feed for animals | |
6 | as described in § 44-18-30(61). | |
7 | (64) Alcoholic beverages. From the sale and storage, use, or other consumption in this state | |
8 | by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and malt | |
9 | beverages; provided, further, notwithstanding § 6-13-1 or any other general or public law to the | |
10 | contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be subject to minimum markup. | |
11 | (65) Seeds and plants used to grow food and food ingredients. From the sale, storage, use | |
12 | or other consumption in this state of seeds and plants used to grow food and food ingredients as | |
13 | defined in §44-18-7.1(l)(i). "Seeds and plants used to grow food and food ingredients" shall not | |
14 | include marijuana seeds or plants. | |
15 | 44-18-30.1. Application for certificate of exemption – Fees. | |
16 | A fee of twenty-five dollars ($25.00) shall be paid by all organizations applying for a | |
17 | certificate of exemption from the Rhode Island sales and use tax under § 44-18-30(5) 44-18- | |
18 | 30(5)(i). The certificate of exemption shall be valid for four (4) years from the date of issue. All | |
19 | fees collected under this section shall be allocated to the tax administrator for enforcement and | |
20 | collection of all taxes. All certificates issued prior to the effective date of this section shall expire | |
21 | four (4) years from the effective date of this section. | |
22 | SECTION 11. Sections 44-19-22, 44-19-31, and 44-19-42 of the General Laws in Chapter | |
23 | 44-19 entitled "Sales and Use Taxes – Enforcement and Collection" are hereby amended to read as | |
24 | follows: | |
25 | 44-19-22. Notice of transfer of business – Taxes due immediately. | |
26 | The sale or transfer by any taxpayer other than receivers, assignees under a voluntary | |
27 | assignment for the benefit of creditors, trustees in bankruptcy, debtors in possession in bankruptcy, | |
28 | or public officers acting under judicial process of the major part in value of the assets of the taxpayer | |
29 | other than in the ordinary course of trade and the regular and usual prosecution of the taxpayer's | |
30 | business, is fraudulent and void as against the state, unless the taxpayer, at least five (5) days before | |
31 | the sale or transfer, notifies the tax administrator of the proposed sale or transfer and of the price, | |
32 | terms, and conditions of the sale or transfer and of the character and location of those assets by | |
33 | requesting a letter of good standing from the tax division. Whenever the taxpayer makes a sale or | |
34 | transfer, any and all tax returns required to be filed under this title must be filed and any and all | |
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| |
1 | taxes imposed under by chapter 18 of this title must be paid at the time when the tax administrator | |
2 | is so notified of the sale or transfer, or, if the administrator is not so notified, at the time when he | |
3 | or she the administrator should have been notified of the sale or transfer. | |
4 | 44-19-31. Penalty for violations generally. | |
5 | Any retailer or other person failing to file a return or report required by this chapter, or | |
6 | filing or causing to be filed, or making or causing to be made, or giving or causing to be given any | |
7 | return, report, certificate, affidavit, representation, information, testimony, or statement required or | |
8 | authorized by this chapter, which is willfully false, or willfully failing to file a bond required by | |
9 | this chapter or willfully failing to comply with the provisions of this chapter, or failing to file a | |
10 | registration certificate and that data in connection with it as the tax administrator by regulation or | |
11 | may require, or to display or surrender a permit as required by this chapter, or assigning or | |
12 | transferring the permit, or failing to file a notice of a show or failing to display a permit to operate | |
13 | a show or operating a show without obtaining a permit, or permitting a person to display or sell | |
14 | tangible personal property, services, or food and drink at a show without displaying a permit, or | |
15 | willfully failing to charge separately the tax imposed by this chapter or to state the tax separately | |
16 | on any bill, statement, memorandum, or receipt issued or employed by the person upon which the | |
17 | tax is required to be stated separately as provided in § 44-19-8, or willfully failing to collect the tax | |
18 | from a customer, or willfully failing to remit any tax to the state which was collected from a | |
19 | customer, or who refers or causes reference to be made to this tax in a form or manner other than | |
20 | that required by this chapter, or failing to keep any records required by this chapter, is, in addition | |
21 | to any other penalties in this chapter or elsewhere prescribed, guilty of a felony, punishment for | |
22 | which is a fine of not more than ten thousand dollars ($10,000) twenty-five thousand dollars | |
23 | ($25,000), or imprisonment for one five (5) years, or both. | |
24 | 44-19-42. Suppression of Sales Sales suppression devices – Definitions and | |
25 | applicability. | |
26 | (a) As used in this section: | |
27 | (1)"Automated sales suppression device," also known as a "zapper," means a software | |
28 | program, carried on a memory stick or removable compact disc, accessed through an Internet link, | |
29 | or accessed through any other means, that falsifies transaction data, transaction reports, or any other | |
30 | electronic records of electronic cash registers and other point-of-sale systems. | |
31 | (2) "Electronic cash register" means a device that keeps a register, accounting, or | |
32 | supporting documents through the means of an electronic device or computer system designed to | |
33 | record transaction data for the purpose of computing, compiling, or processing retail sales | |
34 | transaction data in any manner. | |
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| |
1 | (3) "Phantom-ware" means a hidden programming option, whether preinstalled or installed | |
2 | at a later time, embedded in the operating system of an electronic cash register or hardwired into | |
3 | the electronic cash register that: | |
4 | (i) Can be used to create a virtual second till; or | |
5 | (ii) May eliminate or manipulate transaction records in any manner. | |
6 | (4) "Remote data manipulation means and includes, but is not limited to, sending, | |
7 | transmitting, transporting, or receiving through any electronic means any and all transaction data | |
8 | to a remote location, whether or not that location is within Rhode Island or outside the state or the | |
9 | United States, for the purpose of manipulating and/or altering said data in any way, whether or not | |
10 | the actual manipulation is performed manually or through automated means. | |
11 | (4)(5) "Transaction data" includes items purchased by a customer, the price for each item. | |
12 | A taxability determination for each item, a segregated tax amount for each of the taxed items, the | |
13 | amount of cash, debit, or credit tendered, the net amount returned to the customer in change, the | |
14 | date and time of the purchase, the name, address, and identification number of the vendor, and the | |
15 | receipt or invoice number of the transaction. | |
16 | (5)(6) "Transaction reports" means a report documenting, but not limited to, the sales, the | |
17 | taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash | |
18 | register tape at the end of a day or shift, or a report documenting every action at an electronic cash | |
19 | register that is stored electronically. | |
20 | (b) A person shall not knowingly sell, purchase, install, transfer or possess an automated | |
21 | sales suppression device or phantom-ware. | |
22 | (c) A person shall not knowingly suppress sales by engaging in remote data manipulation, | |
23 | either as the sender or the receiver of the information. | |
24 | (c)(d) Any person who violates subdivision (b) and/or (c) of this section shall be guilty of | |
25 | a felony and, upon conviction, shall be subject to a fine not exceeding fifty-thousand dollars | |
26 | ($50,000) or imprisonment not exceeding five (5) years, or both. | |
27 | (d)(e) In addition, a person who violates subdivision (b) and/or (c) of this section shall be | |
28 | liable to the state for: | |
29 | (1) All taxes, interest, and penalties due as the result of the person's use of an automated | |
30 | sales suppression device or phantom-ware and/or remote data manipulation; and | |
31 | (2) All profits associated with the person's sale of an automated sales suppression device | |
32 | or phantom-ware and/or remote data manipulation. | |
33 | (e)(f) An automated sales suppression device or phantom-ware and any device containing | |
34 | such device or software shall be deemed contraband and shall be subject to seizure by the tax | |
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1 | administrator or by a law enforcement officer when directed to do so by the tax administrator. | |
2 | (f)(g) Safe harbor. A person shall not be subject to prosecution under Rhode Island general | |
3 | laws § 44-19-42, if by October 1, 2014, the person: | |
4 | (1) Notifies the division of taxation of the person's possession of an automated sales | |
5 | suppression device; | |
6 | (2) Provides any and all information requested by the division of taxation, including | |
7 | transaction records, software specifications, encryption keys, passwords, and other data; and | |
8 | (3) Corrects any underreported sales tax records and fully pays the division of taxation any | |
9 | amounts previously owed. | |
10 | (g)(h) This section shall not be construed to limit the person's civil or criminal liability | |
11 | under any other provision of the law. | |
12 | SECTION 12. Sections 44-20-12 and 44-20-13of the General Laws in Chapter 44-20 | |
13 | entitled "Cigarette Tax" are hereby amended to read as follows | |
14 | 44-20-12. Tax imposed on cigarettes sold. | |
15 | A tax is imposed on all cigarettes sold or held for sale in the state. The payment of the tax | |
16 | to be evidenced by stamps, which may be affixed only by licensed distributors to the packages | |
17 | containing such cigarettes. Any cigarettes on which the proper amount of tax provided for in this | |
18 | chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under | |
19 | this chapter. The tax is at the rate of one hundred eighty-seven and one half (187.5) two hundred | |
20 | twelve and one-half (212.5) mills for each cigarette. | |
21 | 44-20-13. Tax imposed on unstamped cigarettes. | |
22 | A tax is imposed at the rate of one hundred eighty-seven and one half (187.5) two hundred | |
23 | twelve and one-half (212.5) mills for each cigarette upon the storage or use within this state of any | |
24 | cigarettes not stamped in accordance with the provisions of this chapter in the possession of any | |
25 | consumer within this state. | |
26 | SECTION 13. Chapter 44-20 of the General Laws entitled "Cigarette Tax" is hereby | |
27 | amended by adding thereto the following section: | |
28 | 44-20-12.6. Floor stock tax on cigarettes and stamps. | |
29 | (a) Each person engaging in the business of selling cigarettes at retail in this state shall pay | |
30 | a tax or excise to the state for the privilege of engaging in that business during any part of the | |
31 | calendar year 2017. In calendar year 2017, the tax shall be measured by the number of cigarettes | |
32 | held by the person in this state at 12:01 a.m. on August 1, 2017 and is computed at the rate of | |
33 | twenty-five (25.0) mills for each cigarette on August 1, 2017. | |
34 | (b) Each distributor licensed to do business in this state pursuant to this chapter shall pay a | |
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1 | tax or excise to the state for the privilege of engaging in that business during any part of the calendar | |
2 | year 2017. The tax is measured by the number of stamps, whether affixed or to be affixed to | |
3 | packages of cigarettes, as required by § 44-20-28. In calendar year 2017 the tax is measured by the | |
4 | number of stamps), whether affixed or to be affixed, held by the distributor at 12:01 a.m. on August | |
5 | 1, 2017, and is computed at the rate of twenty-five (25.0) mills per cigarette in the package to which | |
6 | the stamps are affixed or to be affixed. | |
7 | (c) Each person subject to the payment of the tax imposed by this section shall, on or before | |
8 | August 15, 2017, file a return, under oath or certified under the penalties of perjury, with the tax | |
9 | administrator on forms furnished by him or her, showing the amount of cigarettes and the number | |
10 | of stamps in that person's possession in this state at 12:01 a.m. on August 1, 2017, as described in | |
11 | this section above, and the amount of tax due, and shall at the time of filing the return pay the tax | |
12 | to the tax administrator. Failure to obtain forms shall not be an excuse for the failure to make a | |
13 | return containing the information required by the tax administrator. | |
14 | (d) The tax administrator may prescribe rules and regulations, not inconsistent with law, | |
15 | with regard to the assessment and collection of the tax imposed by this section. | |
16 | SECTION 14. The title of Chapter 44-20 of the General Laws entitled "Cigarette Tax" is | |
17 | hereby amended to read as follows: | |
18 | CHAPTER 44-20 | |
19 | Cigarette Tax | |
20 | CHAPTER 44-20 | |
21 | CIGARETTE AND OTHER TOBACCO PRODUCTS TAX | |
22 | SECTION 15. Sections 44-20-1, 44-20-3, 44-20-4.1, 44-20-8, 44-20-8.2, 44-20-13.2, 44- | |
23 | 20-15, 44-20-33, 44-20-35, 44-20-40.1, 44-20-43, 44-20-45, and 44-20-51.1 of the General Laws | |
24 | in Chapter 44-20 entitled "Cigarette Tax" are hereby amended to read as follows: | |
25 | 44-20-1. Definitions. | |
26 | Whenever used in this chapter, unless the context requires otherwise: | |
27 | (1) "Administrator" means the tax administrator; | |
28 | (2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form, | |
29 | and each sheet of cigarette rolling paper, including but not limited to, paper made into a hollow | |
30 | cylinder or cone, made with paper or any other material, with or without a filter suitable for use in | |
31 | making cigarettes; | |
32 | (3) "Dealer" means any person whether located within or outside of this state, who sells or | |
33 | distributes cigarettes and/or other tobacco products to a consumer in this state; | |
34 | (4) "Distributor" means any person: | |
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| |
1 | (A) Whether located within or outside of this state, other than a dealer, who sells or | |
2 | distributes cigarettes and/or other tobacco products within or into this state. Such term shall not | |
3 | include any cigarette or other tobacco product manufacturer, export warehouse proprietor, or | |
4 | importer with a valid permit under 26 U.S.C. § 5712, if such person sells or distributes cigarettes | |
5 | and/or other tobacco products in this state only to licensed distributors, or to an export warehouse | |
6 | proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712; | |
7 | (B) Selling cigarettes and/or other tobacco products directly to consumers in this state by | |
8 | means of at least twenty-five (25) cigarette vending machines; | |
9 | (C) Engaged in this state in the business of manufacturing cigarettes and/or other tobacco | |
10 | products or any person engaged in the business of selling cigarettes and/or other tobacco products | |
11 | to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five percent | |
12 | (75%) of all cigarettes and/or other tobacco products sold by that person in this state are sold to | |
13 | dealers or other persons for resale and selling cigarettes and/or other tobacco products directly to | |
14 | at least forty (40) dealers or other persons for resale; or | |
15 | (D) Maintaining one or more regular places of business in this state for that purpose; | |
16 | provided, that seventy-five percent (75%) of the sold cigarettes and/or other tobacco products are | |
17 | purchased directly from the manufacturer and selling cigarettes and/or other tobacco products | |
18 | directly to at least forty (40) dealers or other persons for resale; | |
19 | (5) "Importer" means any person who imports into the United States, either directly or | |
20 | indirectly, a finished cigarette or other tobacco product for sale or distribution; | |
21 | (6) "Licensed", when used with reference to a manufacturer, importer, distributor or dealer, | |
22 | means only those persons who hold a valid and current license issued under § 44-20-2 for the type | |
23 | of business being engaged in. When the term "licensed" is used before a list of entities, such as | |
24 | "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be deemed | |
25 | to apply to each entity in such list; | |
26 | (7) "Manufacturer" means any person who manufactures, fabricates, assembles, processes, | |
27 | or labels a finished cigarette and/or other tobacco products; | |
28 | (8) "Other tobacco products" (OTP) means any cigars (excluding Little Cigars, as defined | |
29 | in § 44-20.2-1, which are subject to cigarette tax), cheroots, stogies, smoking tobacco (including | |
30 | granulated, plug cut, crimp cut, ready rubbed and any other kinds and forms of tobacco suitable for | |
31 | smoking in a otherwise), chewing tobacco (including Cavendish, twist, plug, scrap and any other | |
32 | kinds and forms of tobacco suitable for chewing), any and all forms of hookah, shisha and | |
33 | "mu'assel" tobacco, snuff, and shall include any other articles or products made of or containing | |
34 | tobacco, in whole or in part, or any tobacco substitute, except cigarettes; | |
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| |
1 | (8)(9) "Person" means any individual, including an employee or agent, firm, fiduciary, | |
2 | partnership, corporation, trust, or association, however formed; | |
3 | (10) "Pipe" means an apparatus made of any material used to burn or vaporize products so | |
4 | that the smoke or vapors can be inhaled or ingested by the user; | |
5 | (9)(11) "Place of business" means and includes any place location where cigarettes and/or | |
6 | other tobacco products are sold, or where cigarettes are stored, or kept for the purpose of sale or | |
7 | consumption, including, but not limited to, any storage room, attic, basement, garage or other | |
8 | facility immediately adjacent to the location. It also includes any receptacle, hide, vessel, vehicle, | |
9 | airplane, train, or vending machine; | |
10 | (10)(12) "Sale" or "sell" includes and applies to means gifts, exchanges, and barter; of | |
11 | cigarettes and/or other tobacco products. The act of holding, storing, or keeping cigarettes and/or | |
12 | other tobacco products at a place of business for any purpose shall be presumed to be holding the | |
13 | cigarettes and/or other tobacco products for sale. Furthermore, any sale of cigarettes and/or other | |
14 | tobacco products by the servants, employees, or agents of the licensed dealer during business hours | |
15 | at the place of business shall be presumed to be a sale by the licensee; | |
16 | (11)(13) "Stamp" means the impression, device, stamp, label, or print manufactured, | |
17 | printed, or made as prescribed by the administrator to be affixed to packages of cigarettes, as | |
18 | evidence of the payment of the tax provided by this chapter or to indicate that the cigarettes are | |
19 | intended for a sale or distribution in this state that is exempt from state tax under the provisions of | |
20 | state law; and also includes impressions made by metering machines authorized to be used under | |
21 | the provisions of this chapter. | |
22 | 44-20-3. Penalties for unlicensed business. | |
23 | Any distributor or dealer who sells, offers for sale, or possesses with intent to sell, cigarettes | |
24 | and/or any other tobacco products without a license as provided in § 44-20-2, shall be fined in | |
25 | accordance with the provisions of and the penalties contained in § 11-9-13.15. shall be guilty of a | |
26 | misdemeanor, and shall be fined not more than ten thousand dollars ($10,000) for each offense, or | |
27 | be imprisoned for a term not to exceed one (1) year, or be punished by both a fine and | |
28 | imprisonment. | |
29 | 44-20-4.1. License availability. | |
30 | (a) No license under this chapter may be granted, maintained or renewed if the applicant, | |
31 | or any combination of persons owning directly or indirectly any interests in the applicant: | |
32 | (1) Owes five hundred dollars ($500) or more in delinquent cigarette taxes; | |
33 | (2) Is delinquent in any tax filings for one month or more; | |
34 | (3) Had a license under this chapter revoked by the administrator within the past two (2) | |
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| |
1 | years; | |
2 | (4) Has been convicted of a crime relating to cigarettes stolen or counterfeit cigarettes | |
3 | and/or other tobacco products; | |
4 | (5) Is a cigarette manufacturer or importer that is neither: (i) a participating manufacturer | |
5 | as defined in subjection II (jj) of the "Master Settlement Agreement" as defined in § 23-71-2; nor | |
6 | (ii) in full compliance with chapter 20.2 of this title and § 23-71-3; | |
7 | (6) Has imported, or caused to be imported, into the United States any cigarette or other | |
8 | tobacco product in violation of 19 U.S.C. § 1681a; or | |
9 | (7) Has imported, or caused to be imported, into the United States, or manufactured for | |
10 | sale or distribution in the United States any cigarette that does not fully comply with the Federal | |
11 | Cigarette Labeling and Advertising Act (15 U.S.C. § 1331, et. seq). | |
12 | (b)(1) No person shall apply for a new license or permit (as defined in § 44-19-1) or renewal | |
13 | of a license or permit, and no license or permit shall be issued or renewed for any applicant, or any | |
14 | combination of persons owning directly or indirectly any interests in the applicant person, unless | |
15 | all outstanding fines, fees or other charges relating to any license or permit held by that person the | |
16 | applicant, or any combination of persons owning directly or indirectly any interests in the applicant, | |
17 | as well as any other tax obligations of the applicant, or any combination of persons owning directly | |
18 | or indirectly any interests in the applicant have been paid. | |
19 | (2) No license or permit shall be issued relating to a business at any specific location until | |
20 | all prior licenses or permits relating to that business or to that location have been officially | |
21 | terminated and all fines, fees or charges relating to the prior licenses license or permit have been | |
22 | paid or otherwise resolved or the administrator has found that the person applying for the new | |
23 | license or permit is not acting as an agent for the prior licensee or permit holder who is subject to | |
24 | any such related fines, fees or charges that are still due. Evidence of such agency status includes, | |
25 | but is not limited to, a direct familial relationship and/or an employment, contractual or other formal | |
26 | financial or business relationship with the prior licensee or permit holder. | |
27 | (3) No person shall apply for a new license or permit pertaining to a specific location in | |
28 | order to evade payment of any fines, fees or other charges relating to a prior license or permit for | |
29 | that location. | |
30 | (4) No new license or permit shall be issued for a business at a specific location for which | |
31 | a license or permit already has been issued unless there is a bona fide, good faith change in | |
32 | ownership of the business at that location. | |
33 | (5) No license or permit shall be issued, renewed or maintained for any person, including | |
34 | the owners of the business being licensed or having applied and received a permit, that has been | |
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| |
1 | convicted of violating any criminal law relating to tobacco products, the payment of taxes or fraud | |
2 | or has been ordered to pay civil fines of more than twenty-five thousand ($25,000) dollars for | |
3 | violations of any civil law relating to tobacco products, the payment of taxes or fraud. | |
4 | 44-20-8. Suspension or revocation of license. | |
5 | The tax administrator may suspend or revoke any license under this chapter for failure of | |
6 | the licensee to comply with any provision of this chapter or with any provision of any other law or | |
7 | ordinance relative to the sale or purchase of cigarettes or other tobacco products; and the. The tax | |
8 | administrator may also suspend or revoke any license for failure of the licensee to comply with any | |
9 | provision of chapter 19 of title 44 and chapter 13 of title 6, and, for the purpose of determining | |
10 | whether the licensee is complying with any provision of chapter 13 of title 6, the tax administrator | |
11 | and his or her authorized agents are empowered, in addition to authority conferred by § 44-20-40, | |
12 | to examine the books, papers, and records of any licensee. The administrator shall revoke the | |
13 | license of any person who would be ineligible to obtain a new or renew a license by reason of any | |
14 | of the conditions for licensure provided in § 44-20-4.1. Any person aggrieved by the suspension or | |
15 | revocation may apply to the administrator for a hearing as provided in § 44-20-47, and may further | |
16 | appeal to the district court as provided in § 44-20-48. | |
17 | 44-20-13.2. Tax imposed on other tobacco products, smokeless tobacco, cigars, and | |
18 | pipe tobacco products. | |
19 | (a) A tax is imposed on all other tobacco products, smokeless tobacco, cigars, and pipe | |
20 | tobacco products sold, or or held for sale in the state by any person, the payment of the tax to be | |
21 | accomplished according to a mechanism established by the administrator, division of taxation, | |
22 | department of administration revenue. Any tobacco product on which the proper amount of tax | |
23 | provided for in this chapter has been paid, payment being evidenced by a stamp, is not subject to a | |
24 | further tax under this chapter. The tax imposed by this section shall be as follows: | |
25 | (1) At the rate of eighty percent (80%) of the wholesale cost of other tobacco products, | |
26 | cigars, pipe tobacco products and smokeless tobacco other than snuff. | |
27 | (2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of | |
28 | cigars, the tax shall not exceed fifty cents ($.50) for each cigar. | |
29 | (3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like | |
30 | rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net weight | |
31 | as listed by the manufacturer, provided, however, that any product listed by the manufacturer as | |
32 | having a net weight of less than 1.2 ounces shall be taxed as if the product has a net weight of 1.2 | |
33 | ounces. | |
34 | (b) Any dealer having in his or her possession any tobacco, cigars, and pipe tobacco other | |
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| |
1 | tobacco products with respect to the storage or use of which a tax is imposed by this section shall, | |
2 | within five (5) days after coming into possession of the tobacco, cigars, and pipe tobacco other | |
3 | tobacco products in this state, file a return with the tax administrator in a form prescribed by the | |
4 | tax administrator. The return shall be accompanied by a payment of the amount of the tax shown | |
5 | on the form to be due. Records required under this section shall be preserved on the premises | |
6 | described in the relevant license in such a manner as to ensure permanency and accessibility for | |
7 | inspection at reasonable hours by authorized personnel of the administrator. | |
8 | (c) The proceeds collected are paid into the general fund. | |
9 | 44-20-15. Confiscation of contraband cigarettes, other tobacco products, and other | |
10 | property. | |
11 | (a) All cigarettes and other tobacco products which are held for sale or distribution within | |
12 | the borders of this state in violation of the requirements of this chapter are declared to be contraband | |
13 | goods and may be seized by the tax administrator or his or her agents, or employees, or by any | |
14 | sheriff or his or her deputy or any police officer when directed by the tax administrator to do so, | |
15 | without a warrant. All cigarettes contraband goods seized by the state under this chapter shall be | |
16 | destroyed. | |
17 | (b) All fixtures, equipment, and all other materials and personal property on the premises | |
18 | of any distributor or dealer who, with the intent to defraud the state, fails to keep or make any | |
19 | record, return, report, or inventory; keeps or makes any false or fraudulent record, return, report, or | |
20 | inventory required by this chapter; refuses to pay any tax imposed by this chapter; or attempts in | |
21 | any manner to evade or defeat the requirements of this chapter shall be forfeited to the state. | |
22 | 44-20-33. Sale of contraband unstamped cigarettes or contraband other tobacco | |
23 | products prohibited. | |
24 | No distributor shall sell, and no other person shall sell, offer for sale, display for sale, or | |
25 | possess with intent to sell any contraband other tobacco products or contraband cigarettes, the | |
26 | packages or boxes containing of which do not bear stamps evidencing the payment of the tax | |
27 | imposed by this chapter. | |
28 | 44-20-35. Penalties for violations as to unstamped contraband cigarettes or | |
29 | contraband other tobacco products. | |
30 | (a) Any person who violates any provision of §§ 44-20-33 and 44-20-34 shall be fined or | |
31 | imprisoned, or both fined and imprisoned, as follows: | |
32 | (1) For a first offense in a twenty-four-month (24) period, fined not more than one thousand | |
33 | dollars ($1,000), or not more than five (5) ten (10) times the retail value of the cigarettes contraband | |
34 | cigarettes and/or contraband other tobacco products involved, whichever is greater or be | |
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| |
1 | imprisoned not more than one (1) year, or be both fined and imprisoned; | |
2 | (2) For a second or subsequent offense in a twenty-four-month (24) period, fined not more | |
3 | than five thousand dollars ($5,000) or not more than twenty-five (25) times the retail value of the | |
4 | cigarettes contraband cigarettes and/or contraband other tobacco products involved, whichever is | |
5 | greater, or be imprisoned not more than three (3) years, or be both fined and imprisoned. | |
6 | (b) When determining the amount of a fine sought or imposed under this section, evidence | |
7 | of mitigating factors, including history, severity, and intent shall be considered. | |
8 | 44-20-40.1. Inspections. | |
9 | (a) The administrator or his or her duly authorized agent shall have authority to enter and | |
10 | inspect, without a warrant during normal business hours, and with a warrant during nonbusiness | |
11 | hours, the facilities and records of any manufacturer, importer, distributor or dealer. | |
12 | (b) In any case where the administrator or his or her duly authorized agent, or any police | |
13 | officer | |
14 | of this state, has knowledge or reasonable grounds to believe that any vehicle is | |
15 | transporting cigarettes or other tobacco products in violation of this chapter, the administrator, such | |
16 | agent, or such police officer, is authorized to stop such vehicle and to inspect the same for | |
17 | contraband cigarettes or other tobacco products. | |
18 | 44-20-43. Violations as to reports and records. | |
19 | Any person who fails to submit the reports required in this chapter by the tax administrator | |
20 | under this chapter, or who makes any incomplete, false, or fraudulent report, or who refuses to | |
21 | permit the tax administrator or his or her authorized agent to examine any books, records, papers, | |
22 | or stocks of cigarettes or other tobacco products as provided in this chapter, or who refuses to | |
23 | supply the tax administrator with any other information which the tax administrator requests for | |
24 | the reasonable and proper enforcement of the provisions of this chapter, shall be guilty of a | |
25 | misdemeanor punishable by imprisonment up to one (1) year, or a fine fined of not more than five | |
26 | thousand dollars ($5,000), or both, for the first offense, and for each subsequent offense, shall be | |
27 | fined not more than ten thousand dollars ($10,000), or be imprisoned not more than five (5) years, | |
28 | or be both fined and imprisoned. | |
29 | 44-20-45. Importation of cigarettes and/or other tobacco products with intent to evade | |
30 | tax. | |
31 | Any person, firm, corporation, club, or association of persons who or that orders any | |
32 | cigarettes and/or other tobacco products for another or pools orders for cigarettes and/or other | |
33 | tobacco products from any persons or conspires with others for pooling orders, or receives in this | |
34 | state any shipment of unstamped contraband cigarettes and/or contraband other tobacco products | |
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| |
1 | on which the tax imposed by this chapter has not been paid, for the purpose and intention of | |
2 | violating the provisions of this chapter or to avoid payment of the tax imposed in this chapter, is | |
3 | guilty of a felony and shall be fined one hundred thousand dollars ($100,000) or five (5) times the | |
4 | retail value of the cigarettes involved, whichever is greater, or imprisoned not more than fifteen | |
5 | (15) years, or both. | |
6 | 44-20-51.1. Civil Penalties. | |
7 | (a) Whoever omits, neglects, or refuses to comply with any duty imposed upon him/her by | |
8 | this chapter, or does, or causes to be done, any of the things required by this chapter, or does | |
9 | anything prohibited by this chapter, shall, in addition to any other penalty provided in this chapter, | |
10 | be liable as follows: | |
11 | (1) For a first offense in a twenty-four month (24) period, a penalty of not more than one | |
12 | thousand dollars ($1,000), or five (5) ten (10) times the retail value of the cigarettes and/or other | |
13 | tobacco products involved, whichever is greater, to be recovered, with costs of suit, in a civil action; | |
14 | and | |
15 | (2) For a second or subsequent offense in a twenty-four-month (24) period, a penalty of | |
16 | not more than five thousand dollars ($5,000), or not more than twenty-five (25) times the retail | |
17 | value of the cigarettes and/or other tobacco products involved, whichever is greater, to be | |
18 | recovered, with costs of suit, in a civil action. | |
19 | (b) Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or | |
20 | regulations, shall, in addition to any other penalty provided in this chapter, be liable for a penalty | |
21 | of one thousand dollars ($1,000) or not more than five (5) times the tax due but unpaid, whichever | |
22 | is greater. | |
23 | (c) When determining the amount of a penalty sought or imposed under this section, | |
24 | evidence of mitigating or aggravating factors, including history, severity, and intent, shall be | |
25 | considered. | |
26 | SECTION 16. Section 44-26-2.1 of the General Laws in Chapter 44-26 entitled | |
27 | "Declaration of Estimated Tax by Corporations" is hereby amended to read as follows: | |
28 | 44-26-2.1. Declaration -- Due date -- Payment -- Interest. | |
29 | (a) Notwithstanding any general or specific statute to the contrary, every corporation | |
30 | having a taxable year ending December 31, 1990, or thereafter, until December 31, 2017 shall file | |
31 | a declaration and payment of its estimated tax for the taxable year ending December 31, 1990, or | |
32 | thereafter, until December 31, 2017, as applicable herein, if its estimated tax can reasonably be | |
33 | expected to exceed five hundred dollars ($500). Every corporation having a taxable year after | |
34 | December 31, 2017, shall file its declaration and estimated payment in accordance with subsection | |
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| |
1 | (n) herein and in conformity with federal statute and regulations notwithstanding any Rhode Island | |
2 | statute to the contrary. The declaration, sworn to by the officer of the corporation who is required | |
3 | to sign its return under any of the chapters and section mentioned in § 44-26-1 shall contain the | |
4 | pertinent information and be in the form that the tax administrator may prescribe. The entire amount | |
5 | of the estimated tax shall constitute the amount of the advance required to be paid. | |
6 | (b) (1) Except as provided in subdivision (2) of this subsection, the declaration of estimated | |
7 | tax required of corporations by subsection (a) of this section shall be filed as follows: | |
8 | If the requirements of subsection (a) are first met The declaration shall be filed on or | |
9 | before: | |
10 | before the first day of the third month | |
11 | of the taxable year the fifteenth day of the third month of | |
12 | the taxable year; | |
13 | after the first day of the third month and | |
14 | before the first day of the sixth month | |
15 | of the taxable year the fifteenth day of the sixth month | |
16 | of the taxable year. | |
17 | (2) The declaration of estimated tax required of corporations subject to § 27-3-38 relating | |
18 | to surplus line brokers premium tax or under any special act or acts in lieu of the provisions of that | |
19 | section or in amendment of or in addition to that section shall be filed as follows: | |
20 | If the requirements of subsection (a) are first met The declaration shall be filed on or | |
21 | before: | |
22 | Before the first day of the fourth month | |
23 | of the taxable year the thirtieth day of the fourth month of | |
24 | the taxable year; | |
25 | After the first day of the fourth month and | |
26 | before the first day of the sixth month | |
27 | of the taxable year the thirtieth day of the sixth month of | |
28 | the taxable year. | |
29 | After the first day of the sixth month and | |
30 | before the first day of the tenth month | |
31 | of the taxable year the thirtieth day of the tenth month of | |
32 | the taxable year. | |
33 | After the first day of the tenth month and | |
34 | before the first day of the twelfth month of | |
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| |
1 | the taxable year the thirty-first day of the twelfth month | |
2 | of the taxable year. | |
3 | (c) An amendment of a declaration may be filed in any interval between installment dates | |
4 | prescribed for the taxable year, but only one amendment may be filed in each interval. | |
5 | (d) The tax administrator may grant a reasonable extension of time, not to exceed thirty | |
6 | (30) days, for filing a declaration. | |
7 | (e) (1) The amount of the advance based on the estimated tax declared under subsection (a) | |
8 | of this section by corporations described in subdivision (b)(1) of this section shall be paid as | |
9 | follows: | |
10 | (i) If the declaration is filed on or before the fifteenth (15th) day of the third (3rd) month | |
11 | of the taxable year, the advance shall be paid in two (2) installments. The first installment in the | |
12 | amount of forty percent (40%) of the estimated tax shall be paid at the time of the filing of the | |
13 | declaration. The second and last installment in the amount of sixty percent (60%) of the estimated | |
14 | tax shall be paid on or before the fifteenth (15th) day of the sixth (6th) month of the taxable year. | |
15 | (ii) If the declaration is filed after the fifteenth (15th) day of the third (3rd) month of the | |
16 | taxable year and is not required by subsection (b) of this section to be filed on or before the fifteenth | |
17 | (15th) day of the third (3rd) month of the taxable year, but is required to be filed on or before the | |
18 | fifteenth (15th) day of the sixth (6th) month, the advance shall be paid in full at the time of filing. | |
19 | (2) The amount of the advance based in the estimated tax declared under subsection (a) of | |
20 | this section by corporations listed in subdivision (b)(2) of this section shall be paid as follows: | |
21 | (i) If the declaration is filed on or before the thirtieth (30th) day of the fourth (4th) month | |
22 | of the taxable year, the advance shall be paid in four (4) equal installments. The first installment | |
23 | shall be paid on or before the thirtieth (30th) day of the fourth (4th) month of the taxable year, and | |
24 | the second (2nd), third (3rd), and fourth (4th) installments shall be paid on or before the thirtieth | |
25 | (30th) day of the sixth (6th) month, the thirtieth (30th) day of the tenth (10th) month, and the thirty- | |
26 | first (31st) day of the twelfth (12th) month of the taxable year, respectively. | |
27 | (ii) If the declaration is filed before the thirtieth (30th) day of the sixth (6th) month of the | |
28 | taxable year, the advance shall be paid in three (3) equal installments. The first installment shall be | |
29 | paid on or before the thirtieth (30th) day of the sixth (6th) month of the taxable year and the second | |
30 | (2nd) and third (3rd) installments shall be paid on or before the thirtieth (30th) day of the tenth | |
31 | (10th) month and the thirty-first (31st) day of the twelfth (12th) month of the taxable year | |
32 | respectively. | |
33 | (iii) If the declaration is filed on or before the thirtieth (30th) day of the tenth (10th) month | |
34 | of the taxable year, the advance shall be paid in two (2) equal installments. The first installment | |
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| |
1 | shall be paid on or before the thirtieth (30th) day of the tenth (10th) month of the taxable year and | |
2 | the second installment shall be paid on or before the thirty-first (31st) day of the twelfth (12th) | |
3 | month of the taxable year. | |
4 | (iv) If the declaration is filed after the time prescribed in subdivision (b)(2) of this section, | |
5 | including cases in which an extension of time for filing the declaration has been granted, there shall | |
6 | be paid at the time of the filing all installments of the advance which would have been payable on | |
7 | or before that time if the declaration had been filed within the time prescribed in subdivision (b)(2) | |
8 | of this section. | |
9 | (f) If the declaration is filed after the time prescribed in subsection (b) of this section | |
10 | including cases in which an extension of time for filing the declaration has been granted, paragraph | |
11 | (e)(1)(ii) of this section does not apply, and there shall be paid at the time of the filing all | |
12 | installments of the advance which would have been payable on or before that time if the declaration | |
13 | had been filed within the time prescribed in subsection (b). | |
14 | (g) If any amendment of a declaration is filed, the installment payable on or before the | |
15 | fifteenth (15th) day of the sixth (6th) month, if any, or in the case of corporations licensed as surplus | |
16 | line brokers under § 27-3-38, the installments payable on or before the thirtieth (30th) days of the | |
17 | sixth (6th) or tenth (10th) month and thirty-first (31st) day of the twelfth (12th) month are ratably | |
18 | increased or decreased, as the case may be, to reflect the increase or decrease, as the case may be, | |
19 | in the estimated tax by reason of the amendment. | |
20 | (h) At the election of the corporation, any installment of the advance may be paid prior to | |
21 | the date prescribed for payment. | |
22 | (i) In the case of any underpayment of the advance by a corporation, except as provided in | |
23 | this section, there is added to the tax due under chapters 11 -- 15 and 17 of this title, or § 27-3-38, | |
24 | for the taxable year an amount determined at the rate described in § 44-1-7 upon the amount of the | |
25 | underpayment for the period of the underpayment. For the purpose of this subsection, the "amount | |
26 | of the underpayment" is the excess of the amount of the installment or installments which would | |
27 | be required to be paid if the advance payments were equal to eighty percent (80%) of the tax shown | |
28 | on the return for the taxable year. For the purposes of this subsection, the "period of the | |
29 | underpayment" is the period from the date the installment was required to be paid to the date | |
30 | prescribed under any of the chapters previously mentioned in this section for the payment of the | |
31 | tax for the taxable year or, with respect to any portion of the underpayment, the date on which the | |
32 | portion is paid, whichever date is the earlier. A payment of the advance on the fifteenth (15th) day | |
33 | of the sixth (6th) month, or for § 27-3-38 on the thirtieth (30th) day of the sixth (6th) month, of the | |
34 | taxable year is considered a payment of any previous underpayment only to the extent that the | |
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| |
1 | payment exceeds the amount of the installment due on the fifteenth (15th) day of the sixth (6th) | |
2 | month, or for § 27-3-38 on the thirtieth (30th) day of the sixth (6th) month, of the taxable year. | |
3 | (j) Notwithstanding the provisions of this section, the addition to the tax with respect to | |
4 | any underpayment of any installment is not imposed if the total amount of all payments of the | |
5 | advance made on or before the last date prescribed for payment of the installment equals or exceeds | |
6 | the amount which would have been required to be paid on or before that date if the amount of the | |
7 | advance was an amount equal to one hundred percent (100%) of the tax computed at the rates | |
8 | applicable to the taxable year but otherwise on the basis of the fact shown on the return of the | |
9 | corporation for and the law applicable to the preceding taxable year. | |
10 | (k) This section is effective for estimated payments being made by corporations for taxable | |
11 | years ending on or after December 31, 1990. | |
12 | (l) Notwithstanding any other provisions of this section any taxpayer required to make an | |
13 | adjustment in accordance with § 44-11-11(f) in a tax year beginning in calendar year 2008 shall | |
14 | compute estimated payments for that tax year as follows: | |
15 | (1) The installments must equal 100% of the tax due for the prior year plus any additional | |
16 | tax due for the current year adjustment under § 44-11-11(f), or | |
17 | (2) That installments must equal 100% of the current year tax liability. | |
18 | (m) Notwithstanding any other provisions of this section any taxpayer required to file a | |
19 | combined report in accordance with § 44-11-4.1 in a tax year beginning on or after January 1, 2015, | |
20 | shall compute estimated payments for that tax year as follows: | |
21 | (1) The installments must equal one hundred percent (100%) of the tax due for the prior | |
22 | year plus any additional tax due to the combined report provisions under § 44-1-4.1; or | |
23 | (2) The installments must equal one hundred percent (100%) of the current year tax | |
24 | liability. | |
25 | (n) Notwithstanding any Rhode Island statute to the contrary, every corporation having a | |
26 | taxable year beginning after December 31, 2017, shall file its declaration and estimated payment | |
27 | in accordance with federal statute and regulations: with current federal filing requirements, the four | |
28 | (4) estimated tax installment payments of twenty-five percent (25%) each are due: on the 15th day | |
29 | of the 4th, 6th, 9th, and 12th months of the tax year. If any due date falls on a Saturday, Sunday, or | |
30 | Rhode Island legal holiday, the installment is due on the next regular business day. | |
31 | SECTION 17. Title 44 of the General Laws entitled "TAXATION" is hereby amended by | |
32 | adding thereto the following chapter: | |
33 | CHAPTER 6.5 | |
34 | RHODE ISLAND TAX AMNESTY ACT OF 2017 | |
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| |
1 | 44-6.5-1. Short title. | |
2 | This chapter shall be known as the "Rhode Island Tax Amnesty Act of 2017." | |
3 | 44-6.5-2. Definitions. | |
4 | As used in this chapter, the following terms have the meaning ascribed to them in this | |
5 | section, except when the context clearly indicates a different meaning: | |
6 | (1) "Taxable period" means any period for which a tax return is required by law to be filed | |
7 | with the tax administrator. | |
8 | (2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed | |
9 | by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by | |
10 | the tax administrator. | |
11 | 44-6.5-3. Establishment of tax amnesty. | |
12 | (a) The tax administrator shall establish a tax amnesty program for all taxpayers owing any | |
13 | tax imposed by reason of or pursuant to authorization by any law of the state of Rhode Island and | |
14 | collected by the tax administrator. Amnesty tax return forms shall be prepared by the tax | |
15 | administrator and shall provide that the taxpayer clearly specify the tax due and the taxable period | |
16 | for which amnesty is being sought by the taxpayer. | |
17 | (b) The amnesty program shall be conducted for a seventy-five (75) day period ending on | |
18 | February 15, 2018. The amnesty program shall provide that, upon written application by a taxpayer | |
19 | and payment by the taxpayer of all taxes and interest due from the taxpayer to the state of Rhode | |
20 | Island for any taxable period ending on or prior to December 31, 2016, the tax administrator shall | |
21 | not seek to collect any penalties which may be applicable and shall not seek the civil or criminal | |
22 | prosecution of any taxpayer for the taxable period for which amnesty has been granted. Amnesty | |
23 | shall be granted only to those taxpayers applying for amnesty during the amnesty period who have | |
24 | paid the tax and interest due upon filing the amnesty tax return, or who have entered into an | |
25 | installment payment agreement for reasons of financial hardship and upon terms and conditions set | |
26 | by the tax administrator. In the case of the failure of a taxpayer to pay any installment due under | |
27 | the agreement, such an agreement shall cease to be effective and the balance of the amounts | |
28 | required to be paid thereunder shall be due immediately. Amnesty shall be granted for only the | |
29 | taxable period specified in the application and only if all amnesty condition are satisfied by the | |
30 | taxpayer. | |
31 | (c) The provisions of this section shall include a taxable period for which a bill or notice | |
32 | of deficiency determination has been sent to the taxpayer. | |
33 | (d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or | |
34 | are a party to any civil or criminal proceeding, pending in any court of the United States or the state | |
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| |
1 | of Rhode Island, for fraud in relation to any state tax imposed by the law of the state and collected | |
2 | by the tax administrator. | |
3 | 44-6.5-4. Interest under tax amnesty. | |
4 | Notwithstanding any provision of law to the contrary, interest on any taxes paid for periods | |
5 | covered under the amnesty provisions of this chapter shall be computed at the rate imposed under | |
6 | section 44-1-7, reduced by twenty five percent (25%). | |
7 | 44-6.5-5. Implementation. | |
8 | Notwithstanding any provision of law to the contrary, the tax administrator may do all | |
9 | things necessary in order to provide for the timely implementation of this chapter, including, but | |
10 | not limited to, procurement of printing and other services and expenditure of appropriated funds as | |
11 | provided for in section 44-6.4-5. | |
12 | 44-6.5-6. Disposition of monies. | |
13 | (a) Except as provided in subsection (b) within, all monies collected pursuant to any tax | |
14 | imposed by the state of Rhode Island under the provisions of this chapter shall be accounted for | |
15 | separately and paid into the general fund. | |
16 | (b) Monies collected for the establishment of the TDI Reserve Fund (section 28-39-7), the | |
17 | Employment Security Fund (section 28-42-18), the Employment Security Interest Fund (section | |
18 | 28-42-75), the Job Development Fund (section 28-42-83), and the Employment Security | |
19 | Reemployment Fund (section 28-42-87) shall be deposited in said respective funds. | |
20 | 44-6.5-7. Analysis of amnesty program by tax administrator. | |
21 | The tax administrator shall provide an analysis of the amnesty program to the chairpersons | |
22 | of the house finance committee and senate finance committee, with copies to the members of the | |
23 | revenue estimating conference, by April 30, 2018. The report shall include an analysis of revenues | |
24 | received by tax source, distinguishing between the tax collected and interest collected for each | |
25 | source. In addition, the report shall further identify the amounts that are new revenues from those | |
26 | already included in the general revenue receivable taxes, defined under generally accepted | |
27 | accounting principles and the state’s audited financial statements. | |
28 | 44-6.5-8. Rules and regulations. | |
29 | The tax administrator may promulgate such rules and regulations as are necessary to | |
30 | implement the provisions of this chapter. | |
31 | SECTION 18. Title 44 of the General Laws entitled "TAXATION" is hereby amended by | |
32 | adding thereto the following chapter: | |
33 | CHAPTER 18.2 | |
34 | SALES AND USE TAX -- NON-COLLECTING RETAILERS, REFERRERS, AND RETAIL | |
|
| |
1 | SALE FACILITATORS ACT | |
2 | 44-18.2-1. Legislative findings. | |
3 | The general assembly finds and declares that: | |
4 | (1) The commerce clause of the United States Constitution prohibits states from imposing | |
5 | an undue burden on interstate commerce. | |
6 | (2) There has been an exponential expansion of online commerce and related technology. | |
7 | and due to the ready availability of sales and use tax collection software and Rhode Island's status | |
8 | as a signatory to the Streamlined Sales and Use Tax Agreement under which there is an existing | |
9 | compliance infrastructure in place to facilitate the collection and remittance of sales tax by non- | |
10 | collecting retailers, it is no longer an undue burden for non-collecting retailers to accurately | |
11 | compute, collect and remit and/or report with respect to their sales and use tax obligations to Rhode | |
12 | Island. | |
13 | (3) The existence and/or presence of a non-collecting retailer's, referrer's, or retail sale | |
14 | facilitator's in-state software on the devices of in-state customers constitutes physical presence of | |
15 | the non-collecting retailer, referrer, or retail sale facilitator in Rhode Island under Quill Corp. v. | |
16 | North Dakota. 504 U.S. 298 (U.S. 1992). | |
17 | (4) While such a physical presence of the non-collecting retailer, referrer, or retail sale | |
18 | facilitator may not be "presence" in the traditional sense. a non-collecting retailer, referrer, or retail | |
19 | sale facilitator who uses in-state software and engages in a significant number of transactions with | |
20 | in-state customers in a calendar year or receives significant revenue from internet sales to in-state | |
21 | customers in a given calendar year evidences an intent to establish and maintain a market in this | |
22 | state for its sales. | |
23 | 44-18.2-2. Definitions. | |
24 | For the purposes of this chapter: | |
25 | (1) "Division of taxation" means the Rhode Island department of revenue, division of | |
26 | taxation. The division may also be referred to in this chapter as the "division of taxation", "tax | |
27 | division", or "division." | |
28 | (2) "In-state customer" means a person or persons who makes a purchase of tangible | |
29 | personal property, prewritten computer software delivered electronically or by load and leave as | |
30 | defined in §44-18- 7.l(g)(v), and/or taxable services as defined under §44-18-1 et seq. for use, | |
31 | storage, and/or other consumption in this state. | |
32 | (3) "In-state software" means software used by in-state customers on their computers, | |
33 | smartphones, and other electronic and/or communication devices, including information or | |
34 | software such as cached files, cached software, or 'cookies', or other data tracking tools, that are | |
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| |
1 | stored on property in this state or distributed within this state, for the purpose of purchasing tangible | |
2 | personal property, prewritten computer software delivered electronically or by load and leave, | |
3 | and/or taxable services. | |
4 | (4) "Non-collecting retailer" means any person or persons who meets at least one of the | |
5 | following criteria: | |
6 | (A) Uses in-state software to make sales at retail of tangible personal property, prewritten | |
7 | computer software delivered electronically or by load and leave, and/or taxable services; or | |
8 | (B) Sells, leases, or delivers in this state, or participates in any activity in this state in | |
9 | connection with the selling, leasing, or delivering in this state, of tangible personal property, | |
10 | prewritten computer software delivered electronically or by load and leave, and/or taxable services | |
11 | for use, storage, distribution, or consumption within this state. This includes, but shall not be limited | |
12 | to, any of the following acts or methods of transacting business: | |
13 | (i) Engaging in. either directly or indirectly through a referrer, retail sale facilitator, or other | |
14 | third party, direct response marketing targeted at in-state customers. For purposes of this | |
15 | subsection, direct response marketing includes, but is not limited to, sending, transmitting, or | |
16 | broadcasting via flyers, newsletters, telephone calls, targeted electronic mail, text messages, social | |
17 | media messages, targeted mailings; collecting, analyzing and utilizing individual data on in-state | |
18 | customers; using information or software, including cached files, cached software, or 'cookies', or | |
19 | other data tracking tools, that are stored on property in or distributed within this state; or taking any | |
20 | other action(s) that use persons, tangible property, intangible property, digital files or information, | |
21 | or software in this state in an effort to enhance the probability that the person's contacts with a | |
22 | potential in-state customer will result in a sale to that instate customer; | |
23 | (ii) Entering into one or more agreements under which a person or persons who has | |
24 | physical presence in this state refers, either directly or indirectly, potential in-state customers of | |
25 | tangible personal property, prewritten computer software delivered electronically or by load and | |
26 | leave and/or taxable services to the non-collecting retailer for a fee, commission, or other | |
27 | consideration whether by an Internet-based link or an Internet, website or otherwise. An agreement | |
28 | under which a non-collecting retailer purchases advertisements from a person or persons in this | |
29 | state to be delivered in this state on television, radio, in print, on the Internet or by any other medium | |
30 | in this state, shall not be considered an agreement under this subsection (ii), unless the | |
31 | advertisement revenue or a portion thereof paid to the person or persons in this state consists of a | |
32 | fee, commission, or other consideration that is based in whole or in part upon sales of tangible | |
33 | personal property, prewritten computer software delivered electronically or by load and leave, | |
34 | and/or taxable services; or | |
|
| |
1 | (iii) Using a retail sale facilitator to sell, lease, or deliver in this state, or participate in any | |
2 | activity in this state in connection with the selling, leasing, or delivering in this state, of tangible | |
3 | personal property, prewritten computer software delivered electronically or by load and leave, | |
4 | and/or taxable services for use, storage, or consumption in this state. | |
5 | (C) Uses a sales process that includes listing, branding, or selling tangible personal | |
6 | property, prewritten computer software delivered electronically or by load and leave, and/or taxable | |
7 | services for sale, soliciting, processing orders, fulfilling orders, providing customer service and/or | |
8 | accepting or assisting with returns or exchanges occurring in this state, regardless of whether that | |
9 | part of the process has been subcontracted to an affiliate or third party. The sales process for which | |
10 | the in-state customer is charged not more than the basic charge for shipping and handling as used | |
11 | in this subsection shall not include shipping via a common carrier or the United States mail; | |
12 | (D) Offers its tangible personal property, prewritten computer software delivered | |
13 | electronically or by load and leave, and/or taxable services for sale through one or more retail sale | |
14 | facilitators that has physical presence in this state; | |
15 | (E) Is related to a person that has physical presence in this state, and such related person | |
16 | with a physical presence in this state: | |
17 | (i) Sells tangible personal property, prewritten computer software delivered electronically | |
18 | or by load and leave, and/or taxable services that are the same or substantially similar to that sold | |
19 | by a non-collecting retailer under a business name that is the same or substantially similar to that | |
20 | of the non-collecting retailer; | |
21 | (ii) Maintains an office, distribution facility, salesroom, warehouse, storage place, or other | |
22 | similar place of business in this state to facilitate the delivery of tangible personal property, | |
23 | prewritten computer software delivered electronically or by load and leave, and/or taxable services | |
24 | sold by the non-collecting retailer; | |
25 | (iii) Uses, with consent or knowledge of the non-collecting retailer, trademarks, service | |
26 | marks, or trade names in this state that are the same or substantially similar to those used by the | |
27 | non-collecting retailer; | |
28 | (iv) Delivers or has delivered (except for delivery by common carrier or United States mail | |
29 | for which the in-state customer is charged not more than the basic charge for shipping and | |
30 | handling), installs, or assembles tangible personal property in this state, or performs maintenance | |
31 | or repair services on tangible personal property in this state, which tangible personal property is | |
32 | sold to in-state customers by the non-collecting retailer; | |
33 | (v) Facilitates the delivery of tangible personal property purchased from a non-collecting | |
34 | retailer but delivered in this state by allowing an in-state customer to pick up the tangible personal | |
|
| |
1 | property at an office distribution facility, salesroom, warehouse, storage place, or other similar | |
2 | place of business maintained in this state; or | |
3 | (vi) Shares management, business systems, business practices, computer resources, | |
4 | communication systems, payroll, personnel, or other such business resources and activities with | |
5 | the non-collecting retailer, and/or engages in intercompany transactions with the non-collecting | |
6 | retailer, either or both of which relate to the activities that establish or maintain the non-collecting | |
7 | retailer's market in this state. | |
8 | (F) Any person or persons who meets at least one of the criteria in §§44-18.2-2(4)(A) | |
9 | through 44-18.2-2(4)(E) above shall be presumed to be a non-collecting retailer. | |
10 | (5) "Person" means person as defined in §44-18-6 of the general laws. | |
11 | (6) "Referrer" means every person who: | |
12 | (A) Contracts or otherwise agrees with a retailer to list and/or advertise for sale in this state | |
13 | tangible personal property, prewritten computer software delivered electronically or by load and | |
14 | leave, and/or taxable services in any forum, including, but not limited to, a catalog or Internet | |
15 | website; | |
16 | (B) Receives a fee, commission, and/or other consideration from a retailer for the listing | |
17 | and/or advertisement; | |
18 | (C) Transfers, via in-state software, Internet link, or otherwise, an in-state customer to the | |
19 | retailer or the retailer's employee, affiliate, or website to complete a purchase; and | |
20 | (D) Does not collect payments from the in-state customer for the transaction. | |
21 | (E) A person or persons who engages in the activity set forth in all of the activities set forth | |
22 | in §§44-18.2-2(6)(A) through 44-18.2-2(6)(D) above shall be presumed to be a referrer. | |
23 | (7) "Related" means: | |
24 | (A) Having a relationship with the non-collecting retailer within the meaning of the internal | |
25 | revenue code of 1986 as amended; or | |
26 | (B) Having one or more ownership relationships and a purpose of having the ownership | |
27 | relationship is to avoid the application of this chapter. | |
28 | (8) A "retail sale" or "sale at retail" means any retail sale or sale at retail as defined in §44- | |
29 | 18-8 of the general laws. | |
30 | (9) "Retail sale facilitator" means any person or persons that facilitates a sale by a retailer | |
31 | by engaging in the following types of activities: | |
32 | (A) Using in-state software to make sales at retail of tangible personal property, prewritten | |
33 | computer software delivered electronically or by load and leave, and/or taxable services; or | |
34 | (B) Contracting or otherwise agreeing with a retailer to list and/or advertise for sale | |
|
| |
1 | tangible personal property, prewritten computer software delivered electronically or by load and | |
2 | leave, and/or taxable services in any forum, including, but not limited to, a catalog or Internet | |
3 | website; and | |
4 | (C) Either directly or indirectly through agreements or arrangements with third parties, | |
5 | collecting payments from the in-state customer and transmitting those payments to a retailer. A | |
6 | person or persons may be a retail sale facilitator regardless of whether they deduct any fees from | |
7 | the transaction. The division may define in regulation circumstances under which a retail sale | |
8 | facilitator shall be deemed to facilitate a retail sale. | |
9 | (D) A person or persons who engages in the type of activity set forth in §44-18.2-2(9)(A) | |
10 | above or both of the types of activities set forth in §§44-18.2-2(9)(B) and 44-18.2-2(9)(C) above | |
11 | shall be presumed to be a retail sale facilitator. | |
12 | (10) A "retailer" means retailer as defined in §44-18-15 of the general laws. | |
13 | (11) "State" means the State of Rhode Island and Providence Plantations. | |
14 | (12) "Streamlined agreement" means the Streamlined Sales and Use Tax Agreement as | |
15 | referenced in §44-18.1-1 et seq. of the general laws. | |
16 | 44-18.2-3. Requirements for non-collecting retailers, referrers, and retail sale | |
17 | facilitators. | |
18 | (A) Except as otherwise provided below in §44-18.2-4, beginning on the later of July 15. | |
19 | 2017, or two (2) weeks after the enactment of this chapter, and for each tax year thereafter, any | |
20 | non-collecting retailer, referrer, or retail sale facilitator, as defined in this chapter, that in the | |
21 | immediately preceding calendar year either: | |
22 | (i) Has gross revenue from the sale of tangible personal property, prewritten computer | |
23 | software delivered electronically or by load and leave, and/or has taxable services delivered into | |
24 | this state equal to or exceeding one hundred thousand dollars ($100,000); or | |
25 | (ii) Has sold tangible personal property, prewritten computer software delivered | |
26 | electronically or by load and leave, and/or taxable services for delivery into this state in two | |
27 | hundred (200) or more separate transactions shall comply with the requirements in §§44-18.2-3(E), | |
28 | (F), and (G) as applicable. | |
29 | (B) A non-collecting retailer, as defined in this chapter, shall comply with §44-18.2-3(E) | |
30 | below if it meets the criteria of either §44-l8.2-3(A)(i) or (ii) above. | |
31 | (C) A referrer, as defined in this chapter, shall comply with §44-18.2-3(F) below if it meets | |
32 | the criteria of either §44-l 8.2-3(A)(i) or (ii) above. | |
33 | (D) A retail sale facilitator, as defined in this chapter, shall comply with §44-18.2-3(G) | |
34 | below if it meets the criteria of either §44-l 8.2-3(A)(i) or (ii) above. | |
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| |
1 | (E) Non-collecting retailer. A non-collecting retailer shall either register in this state for a | |
2 | permit to make sales at retail and collect and remit sales and use tax on all taxable sales into the | |
3 | state or: | |
4 | (1) Post a conspicuous notice on its website that informs in-state customers that sales or | |
5 | use tax is due on certain purchases made from the non-collecting retailer and that this state requires | |
6 | the in-state customer to file a sales or use tax return; | |
7 | (2) At the time of purchase, notify in-state customers that sales or use tax is due on taxable | |
8 | purchases made from the non-collecting retailer and that the state of Rhode Island requires the in- | |
9 | state customer to file a sales or use tax return; | |
10 | (3) Within forty-eight (48) hours of the time of purchase, notify in-state customers in | |
11 | writing that sales or use tax is due on taxable purchases made from the non-collecting retailer and | |
12 | that this state requires the in-state customer to file a sales or use tax return reflecting said purchase; | |
13 | (4) On or before January 31 of each year, including January 31, 2018, for purchases made | |
14 | in calendar year 2017, send a written notice to all in-state customers who have cumulative annual | |
15 | taxable purchases from the non-collecting retailer totaling one hundred dollars ($100) or more for | |
16 | the prior calendar year. The notification shall show the name of the non-collecting retailer, the total | |
17 | amount paid by the in-state customer to the non-collecting retailer in the previous calendar year, | |
18 | and, if available, the dates of purchases, the dollar amount of each purchase, and the category or | |
19 | type of the purchase, including, whether the purchase is exempt or not exempt from taxation in | |
20 | Rhode Island. The notification shall include such other information as the division may require by | |
21 | rule and regulation. The notification shall state that the state of Rhode Island requires a sales or use | |
22 | tax return to be filed and sales or use tax to be paid on certain categories or types of purchases made | |
23 | by the in-state customer from the non-collecting retailer. The notification shall be sent separately | |
24 | to all in-state customers by first-class mail and shall not be included with any other shipments or | |
25 | mailings. The notification shall include the words "Important Tax Document Enclosed" on the | |
26 | exterior of the mailing; and | |
27 | (5) Beginning on February 15, 2018, and not later than each February 15 thereafter, a non- | |
28 | collecting retailer that has not registered in this state for a permit to make sales at retail and collect | |
29 | and remit sales and use tax on all taxable sales into the state for any portion of the prior calendar | |
30 | year, shall file with the division on such form and/or in such format as the division prescribes an | |
31 | attestation that the non-collecting retailer has complied with the requirements of §§44-18.2-3(E)(1) | |
32 | through (4) herein. | |
33 | (F) Referrer. At such time during any calendar year, or any portion thereof, that a referrer | |
34 | receives more than ten thousand dollars ($10,000) from fees, commissions, and/or other | |
|
| |
1 | compensation paid to it by retailers with whom it has a contract or agreement to list and/or advertise | |
2 | for sale tangible personal property, prewritten computer software delivered electronically or by | |
3 | load and leave, and/or taxable services, said referrer shall within thirty (30) days provide written | |
4 | notice to all such retailers that the retailers' sales may be subject to this state's sales and use tax. | |
5 | (G) Retail sale facilitator. Beginning January 15, 2018, and each year thereafter, a retail | |
6 | sale facilitator shall provide the division of taxation with: | |
7 | (i) A list of names and addresses of the retailers for whom during the prior calendar year | |
8 | the retail sale facilitator collected Rhode Island sales and use tax; and | |
9 | (ii) A list of names and addresses of the retailers who during the prior calendar year used | |
10 | the retail sale facilitator to serve in-state customers but for whom the retail sale facilitator did not | |
11 | collect Rhode Island sales and use tax. | |
12 | (H) Any person or entity that engages in any activity or activities of a non-collecting | |
13 | retailer, referrer, and/or retail sale facilitator as defined herein shall be presumed to be a non- | |
14 | collecting retailer, referrer, and/or retail sale facilitator as applicable even if referred to by another | |
15 | name or designation. Said person or entity shall be subject to the terms and conditions set forth in | |
16 | this chapter. | |
17 | 44-18.2-4. Exceptions for referrers, and retail sale facilitators. | |
18 | (A)(i) Notwithstanding the provisions of §44-18.2-3, no retail sale facilitator shall be | |
19 | required to comply with the provisions of §44-18.2-3(G), for any sale where the retail sale | |
20 | facilitator within ninety (90) days of the date of the sale has been provided either: | |
21 | (1) A copy of the retailer's Rhode Island sales tax permit to make sales at retail in this state | |
22 | or its resale certificate as applicable; or | |
23 | (2) Evidence of a fully completed Rhode Island or Streamlined agreement sales and use | |
24 | tax exemption certificate. | |
25 | (ii) Notwithstanding the provisions of §44-18.2-3, no referrer shall be required to comply | |
26 | with the provisions of §44-18.2-3(F) for any referral where the referrer within ninety (90) days of | |
27 | the date of the sale has been provided either: | |
28 | (l) A copy of the retailer's Rhode Island sales tax permit to make sales at retail in this state | |
29 | or its resale certificate as applicable; or | |
30 | (2) Evidence of a fully completed Rhode Island or Streamlined agreement sales and use | |
31 | tax exemption certificate. | |
32 | (B) Nothing in this section shall be construed to interfere with the ability of a non-collecting | |
33 | retailer, referrer, or retail sale facilitator and a retailer to enter into agreements with each other; | |
34 | provided, however, the terms of said agreements shall not in any way be inconsistent with or | |
|
| |
1 | contravene the requirements of this chapter. | |
2 | 44-18.2-5. Penalties. | |
3 | Any non-collecting retailer, referrer, or retail sale facilitator that fails to comply with any | |
4 | of the requirements of this chapter shall be subject to a penalty of ten dollars ($10.00) for each such | |
5 | failure, but not less than a total penalty of ten thousand dollars ($10,000) per calendar year. Each | |
6 | instance of failing to comply with the requirements of this chapter shall constitute a separate | |
7 | violation for purposes of calculating the penalty under this section. This penalty shall be in addition | |
8 | to any other applicable penalties under title 44 of the general laws. | |
9 | 44-18.2-6. Other obligations. | |
10 | (A) Nothing in this section affects the obligation of any in-state customer to remit use tax | |
11 | as to any applicable transaction in which the seller, non-collecting retailer, or retail sale facilitator | |
12 | has not collected and remitted the sales tax for said transaction. | |
13 | (B) Nothing in this chapter shall be construed as relieving any other person or entity | |
14 | otherwise required to collect and remit sales and use tax under applicable Rhode Island law from | |
15 | continuing to do so. | |
16 | (C) In the event that any section of this chapter is later determined to be unlawful, no | |
17 | person, persons, or entity shall have a cause of action against the person that collected and remitted | |
18 | the sales and use tax pursuant to this chapter. | |
19 | 44-18.2-7. Rules and regulations -- Forms. | |
20 | The tax administrator may promulgate rules and regulations, not inconsistent with law, to | |
21 | carry into effect the provisions of this chapter. | |
22 | 44-18.2-8. Enforcement. | |
23 | (A) General. The tax administrator shall administer and enforce this chapter and may | |
24 | require any facts and information to be reported that he or she may deem necessary to enforce the | |
25 | provisions of this chapter. | |
26 | (B) Examination of books and witnesses. For the purpose of ascertaining the correctness | |
27 | of any filing or notice or for the purpose of compliance with the terms of this chapter, the tax | |
28 | administrator shall have the power to examine or to cause to have examined, by any agent or | |
29 | representative designated by the tax administrator for that purpose, any books, papers, records, or | |
30 | memoranda bearing upon said matters and may require the attendance of the person rendering the | |
31 | return or any officer or employee of the person, or the attendance of any other person having | |
32 | knowledge of the correctness of any filing or notice or compliance with the terms of this chapter, | |
33 | and may take testimony and require proof material for its information, with power to administer | |
34 | oaths to the person or persons. | |
|
| |
1 | 44-18.2-9. Appeal. | |
2 | If the tax administrator issues a final determination hereunder, an appeal may be made | |
3 | pursuant to the provisions of chapter 19 of title 44 of the general laws. | |
4 | 44-18.2-10. Severability. | |
5 | If any provision of this chapter or the application thereof is held invalid, such invalidity | |
6 | shall not affect the provisions or applications of this chapter which can be given effect without the | |
7 | invalid provisions or applications. | |
8 | SECTION 19. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal | |
9 | Income Tax" is hereby amended to read as follows: | |
10 | 44-30-2.6. Rhode Island taxable income -- Rate of tax. [Effective January 1, 2017.] | |
11 | (a) "Rhode Island taxable income" means federal taxable income as determined under the | |
12 | Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard- | |
13 | deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax | |
14 | Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act | |
15 | of 2001 (EGTRRA), and as modified by the modifications in § 44-30-12. | |
16 | (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on | |
17 | or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island | |
18 | taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty- | |
19 | five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year | |
20 | 2002 and thereafter of the federal income tax rates, including capital gains rates and any other | |
21 | special rates for other types of income, except as provided in § 44-30-2.7, which were in effect | |
22 | immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of | |
23 | 2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax administrator | |
24 | beginning in taxable year 2002 and thereafter in the manner prescribed for adjustment by the | |
25 | commissioner of Internal Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or | |
26 | after January 1, 2006, a taxpayer may elect to use the alternative flat tax rate provided in § 44-30- | |
27 | 2.10 to calculate his or her personal income tax liability. | |
28 | (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative | |
29 | minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island | |
30 | alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by | |
31 | multiplying the federal tentative minimum tax without allowing for the increased exemptions | |
32 | under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal | |
33 | form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) | |
34 | for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing | |
|
| |
1 | the product to the Rhode Island tax as computed otherwise under this section. The excess shall be | |
2 | the taxpayer's Rhode Island alternative minimum tax. | |
3 | (1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption | |
4 | amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by | |
5 | the tax administrator in the manner prescribed for adjustment by the commissioner of Internal | |
6 | Revenue in 26 U.S.C. § 1(f). | |
7 | (2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode | |
8 | Island taxable income shall be determined by deducting from federal adjusted gross income as | |
9 | defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island | |
10 | itemized-deduction amount and the Rhode Island exemption amount as determined in this section. | |
11 | (A) Tax imposed. | |
12 | (1) There is hereby imposed on the taxable income of married individuals filing joint | |
13 | returns and surviving spouses a tax determined in accordance with the following table: | |
14 | If taxable income is: The tax is: | |
15 | Not over $53,150 3.75% of taxable income | |
16 | Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150 | |
17 | Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500 | |
18 | Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850 | |
19 | Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700 | |
20 | (2) There is hereby imposed on the taxable income of every head of household a tax | |
21 | determined in accordance with the following table: | |
22 | If taxable income is: The tax is: | |
23 | Not over $42,650 3.75% of taxable income | |
24 | Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650 | |
25 | Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100 | |
26 | Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350 | |
27 | Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700 | |
28 | (3) There is hereby imposed on the taxable income of unmarried individuals (other than | |
29 | surviving spouses and heads of households) a tax determined in accordance with the following | |
30 | table: | |
31 | If taxable income is: The tax is: | |
32 | Not over $31,850 3.75% of taxable income | |
33 | Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850 | |
34 | Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100 | |
|
| |
1 | Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850 | |
2 | Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700 | |
3 | (4) There is hereby imposed on the taxable income of married individuals filing separate | |
4 | returns and bankruptcy estates a tax determined in accordance with the following table: | |
5 | If taxable income is: The tax is: | |
6 | Not over $26,575 3.75% of taxable income | |
7 | Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575 | |
8 | Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250 | |
9 | Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925 | |
10 | Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850 | |
11 | (5) There is hereby imposed a taxable income of an estate or trust a tax determined in | |
12 | accordance with the following table: | |
13 | If taxable income is: The tax is: | |
14 | Not over $2,150 3.75% of taxable income | |
15 | Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150 | |
16 | Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000 | |
17 | Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650 | |
18 | Over $10,450 $737.50 plus 9.90% of the excess over $10,450 | |
19 | (6) Adjustments for inflation. | |
20 | The dollars amount contained in paragraph (A) shall be increased by an amount equal to: | |
21 | (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by; | |
22 | (b) The cost-of-living adjustment determined under section (J) with a base year of 1993; | |
23 | (c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making | |
24 | adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall | |
25 | be determined under section (J) by substituting "1994" for "1993." | |
26 | (B) Maximum capital gains rates. | |
27 | (1) In general. | |
28 | If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax | |
29 | imposed by this section for such taxable year shall not exceed the sum of: | |
30 | (a) 2.5 % of the net capital gain as reported for federal income tax purposes under section | |
31 | 26 U.S.C. 1(h)(1)(a) and 26 U.S.C. 1(h)(1)(b). | |
32 | (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. | |
33 | 1(h)(1)(c). | |
34 | (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 | |
|
| |
1 | U.S.C. 1(h)(1)(d). | |
2 | (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. | |
3 | 1(h)(1)(e). | |
4 | (2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain | |
5 | shall be determined under subdivision 44-30-2.6(c)(2)(A). | |
6 | (C) Itemized deductions. | |
7 | (1) In general. | |
8 | For the purposes of section (2), "itemized deductions" means the amount of federal | |
9 | itemized deductions as modified by the modifications in § 44-30-12. | |
10 | (2) Individuals who do not itemize their deductions. | |
11 | In the case of an individual who does not elect to itemize his deductions for the taxable | |
12 | year, they may elect to take a standard deduction. | |
13 | (3) Basic standard deduction. | |
14 | The Rhode Island standard deduction shall be allowed in accordance with the following | |
15 | table: | |
16 | Filing status Amount | |
17 | Single $5,350 | |
18 | Married filing jointly or qualifying widow(er) $8,900 | |
19 | Married filing separately $4,450 | |
20 | Head of Household $7,850 | |
21 | (4) Additional standard deduction for the aged and blind. | |
22 | An additional standard deduction shall be allowed for individuals age sixty-five (65) or | |
23 | older or blind in the amount of $1,300 for individuals who are not married and $1,050 for | |
24 | individuals who are married. | |
25 | (5) Limitation on basic standard deduction in the case of certain dependents. | |
26 | In the case of an individual to whom a deduction under section (E) is allowable to another | |
27 | taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of: | |
28 | (a) $850; | |
29 | (b) The sum of $300 and such individual's earned income; | |
30 | (6) Certain individuals not eligible for standard deduction. | |
31 | In the case of: | |
32 | (a) A married individual filing a separate return where either spouse itemizes deductions; | |
33 | (b) Nonresident alien individual; | |
34 | (c) An estate or trust; | |
|
| |
1 | The standard deduction shall be zero. | |
2 | (7) Adjustments for inflation. | |
3 | Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount | |
4 | equal to: | |
5 | (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied | |
6 | by | |
7 | (b) The cost-of-living adjustment determined under section (J) with a base year of 1988. | |
8 | (D) Overall limitation on itemized deductions. | |
9 | (1) General rule. | |
10 | In the case of an individual whose adjusted gross income as modified by § 44-30-12 | |
11 | exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the | |
12 | taxable year shall be reduced by the lesser of: | |
13 | (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12 | |
14 | over the applicable amount; or | |
15 | (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for | |
16 | such taxable year. | |
17 | (2) Applicable amount. | |
18 | (a) In general. | |
19 | For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in the | |
20 | case of a separate return by a married individual) | |
21 | (b) Adjustments for inflation. | |
22 | Each dollar amount contained in paragraph (a) shall be increased by an amount equal to: | |
23 | (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by | |
24 | (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. | |
25 | (3) Phase-out of Limitation. | |
26 | (a) In general. | |
27 | In the case of taxable year beginning after December 31, 2005, and before January 1, 2010, | |
28 | the reduction under section (1) shall be equal to the applicable fraction of the amount which would | |
29 | be the amount of such reduction. | |
30 | (b) Applicable fraction. | |
31 | For purposes of paragraph (a), the applicable fraction shall be determined in accordance | |
32 | with the following table: | |
33 | For taxable years beginning in calendar year The applicable fraction is | |
34 | 2006 and 2007 2/3 | |
|
| |
1 | 2008 and 2009 1/3 | |
2 | (E) Exemption amount. | |
3 | (1) In general. | |
4 | Except as otherwise provided in this subsection, the term "exemption amount" means | |
5 | $3,400. | |
6 | (2) Exemption amount disallowed in case of certain dependents. | |
7 | In the case of an individual with respect to whom a deduction under this section is allowable | |
8 | to another taxpayer for the same taxable year, the exemption amount applicable to such individual | |
9 | for such individual's taxable year shall be zero. | |
10 | (3) Adjustments for inflation. | |
11 | The dollar amount contained in paragraph (1) shall be increased by an amount equal to: | |
12 | (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by | |
13 | (b) The cost-of-living adjustment determined under section (J) with a base year of 1989. | |
14 | (4) Limitation. | |
15 | (a) In general. | |
16 | In the case of any taxpayer whose adjusted gross income as modified for the taxable year | |
17 | exceeds the threshold amount shall be reduced by the applicable percentage. | |
18 | (b) Applicable percentage. | |
19 | In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the | |
20 | threshold amount, the exemption amount shall be reduced by two (2) percentage points for each | |
21 | $2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year | |
22 | exceeds the threshold amount. In the case of a married individual filing a separate return, the | |
23 | preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the | |
24 | applicable percentage exceed one hundred percent (100%). | |
25 | (c) Threshold Amount. | |
26 | For the purposes of this paragraph, the term "threshold amount" shall be determined with | |
27 | the following table: | |
28 | Filing status Amount | |
29 | Single $156,400 | |
30 | Married filing jointly of qualifying widow(er) $234,600 | |
31 | Married filing separately $117,300 | |
32 | Head of Household $195,500 | |
33 | (d) Adjustments for inflation. | |
34 | Each dollar amount contained in paragraph (b) shall be increased by an amount equal to: | |
|
| |
1 | (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by | |
2 | (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. | |
3 | (5) Phase-out of limitation. | |
4 | (a) In general. | |
5 | In the case of taxable years beginning after December 31, 2005, and before January 1, | |
6 | 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which | |
7 | would be the amount of such reduction. | |
8 | (b) Applicable fraction. | |
9 | For the purposes of paragraph (a), the applicable fraction shall be determined in accordance | |
10 | with the following table: | |
11 | For taxable years beginning in calendar year The applicable fraction is | |
12 | 2006 and 2007 2/3 | |
13 | 2008 and 2009 1/3 | |
14 | (F) Alternative minimum tax. | |
15 | (1) General rule. There is hereby imposed (in addition to any other tax imposed by this | |
16 | subtitle) a tax equal to the excess (if any) of: | |
17 | (a) The tentative minimum tax for the taxable year, over | |
18 | (b) The regular tax for the taxable year. | |
19 | (2) The tentative minimum tax for the taxable year is the sum of: | |
20 | (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus | |
21 | (b) 7.0 percent of so much of the taxable excess above $175,000. | |
22 | (3) The amount determined under the preceding sentence shall be reduced by the alternative | |
23 | minimum tax foreign tax credit for the taxable year. | |
24 | (4) Taxable excess. For the purposes of this subsection the term "taxable excess" means so | |
25 | much of the federal alternative minimum taxable income as modified by the modifications in § 44- | |
26 | 30-12 as exceeds the exemption amount. | |
27 | (5) In the case of a married individual filing a separate return, subparagraph (2) shall be | |
28 | applied by substituting "$87,500" for $175,000 each place it appears. | |
29 | (6) Exemption amount. | |
30 | For purposes of this section "exemption amount" means: | |
31 | Filing status Amount | |
32 | Single $39,150 | |
33 | Married filing jointly or qualifying widow(er) $53,700 | |
34 | Married filing separately $26,850 | |
|
| |
1 | Head of Household $39,150 | |
2 | Estate or trust $24,650 | |
3 | (7) Treatment of unearned income of minor children | |
4 | (a) In general. | |
5 | In the case of a minor child, the exemption amount for purposes of section (6) shall not | |
6 | exceed the sum of: | |
7 | (i) Such child's earned income, plus | |
8 | (ii) $6,000. | |
9 | (8) Adjustments for inflation. | |
10 | The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount | |
11 | equal to: | |
12 | (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by | |
13 | (b) The cost-of-living adjustment determined under section (J) with a base year of 2004. | |
14 | (9) Phase-out. | |
15 | (a) In general. | |
16 | The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount | |
17 | equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income | |
18 | of the taxpayer exceeds the threshold amount. | |
19 | (b) Threshold amount. | |
20 | For purposes of this paragraph, the term "threshold amount" shall be determined with the | |
21 | following table: | |
22 | Filing status Amount | |
23 | Single $123,250 | |
24 | Married filing jointly or qualifying widow(er) $164,350 | |
25 | Married filing separately $82,175 | |
26 | Head of Household $123,250 | |
27 | Estate or Trust $82,150 | |
28 | (c) Adjustments for inflation | |
29 | Each dollar amount contained in paragraph (9) shall be increased by an amount equal to: | |
30 | (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by | |
31 | (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004. | |
32 | (G) Other Rhode Island taxes. | |
33 | (1) General rule. There is hereby imposed (in addition to any other tax imposed by this | |
34 | subtitle) a tax equal to twenty-five percent (25%) of: | |
|
| |
1 | (a) The Federal income tax on lump-sum distributions. | |
2 | (b) The Federal income tax on parents' election to report child's interest and dividends. | |
3 | (c) The recapture of Federal tax credits that were previously claimed on Rhode Island | |
4 | return. | |
5 | (H) Tax for children under 18 with investment income. | |
6 | (1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of: | |
7 | (a) The Federal tax for children under the age of 18 with investment income. | |
8 | (I) Averaging of farm income. | |
9 | (1) General rule. At the election of an individual engaged in a farming business or fishing | |
10 | business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of: | |
11 | (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. § | |
12 | 1301]. | |
13 | (J) Cost-of-living adjustment. | |
14 | (1) In general. | |
15 | The cost-of-living adjustment for any calendar year is the percentage (if any) by which: | |
16 | (a) The CPI for the preceding calendar year exceeds | |
17 | (b) The CPI for the base year. | |
18 | (2) CPI for any calendar year. | |
19 | For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer | |
20 | price index as of the close of the twelve (12) month period ending on August 31 of such calendar | |
21 | year. | |
22 | (3) Consumer price index. | |
23 | For purposes of paragraph (2), the term "consumer price index" means the last consumer | |
24 | price index for all urban consumers published by the department of labor. For purposes of the | |
25 | preceding sentence, the revision of the consumer price index that is most consistent with the | |
26 | consumer price index for calendar year 1986 shall be used. | |
27 | (4) Rounding. | |
28 | (a) In general. | |
29 | If any increase determined under paragraph (1) is not a multiple of $50, such increase shall | |
30 | be rounded to the next lowest multiple of $50. | |
31 | (b) In the case of a married individual filing a separate return, subparagraph (a) shall be | |
32 | applied by substituting "$25" for $50 each place it appears. | |
33 | (K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer | |
34 | entitled to any of the following federal credits enacted prior to January 1, 1996 shall be entitled to | |
|
| |
1 | a credit against the Rhode Island tax imposed under this section: | |
2 | (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5]. | |
3 | (2) Child and dependent care credit; | |
4 | (3) General business credits; | |
5 | (4) Credit for elderly or the disabled; | |
6 | (5) Credit for prior year minimum tax; | |
7 | (6) Mortgage interest credit; | |
8 | (7) Empowerment zone employment credit; | |
9 | (8) Qualified electric vehicle credit. | |
10 | (L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, a | |
11 | taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island | |
12 | tax imposed under this section if the adopted child was under the care, custody, or supervision of | |
13 | the Rhode Island department of children, youth and families prior to the adoption. | |
14 | (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits | |
15 | provided there shall be no deduction based on any federal credits enacted after January 1, 1996, | |
16 | including the rate reduction credit provided by the federal Economic Growth and Tax | |
17 | Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be | |
18 | reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax | |
19 | purposes shall determine the Rhode Island amount to be recaptured in the same manner as | |
20 | prescribed in this subsection. | |
21 | (N) Rhode Island earned-income credit . | |
22 | (1) In general. | |
23 | For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned- | |
24 | income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent | |
25 | (25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode | |
26 | Island income tax. | |
27 | For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer | |
28 | entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit | |
29 | equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the | |
30 | amount of the Rhode Island income tax. | |
31 | For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned- | |
32 | income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half | |
33 | percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the | |
34 | Rhode Island income tax. | |
|
| |
1 | For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned- | |
2 | income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%) | |
3 | of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island | |
4 | income tax. | |
5 | (2) Refundable portion. | |
6 | In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this | |
7 | section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall | |
8 | be allowed as follows. | |
9 | (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable | |
10 | earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned- | |
11 | income credit exceeds the Rhode Island income tax. | |
12 | (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2) | |
13 | refundable earned-income credit means one hundred percent (100%) of the amount by which the | |
14 | Rhode Island earned-income credit exceeds the Rhode Island income tax. | |
15 | (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs | |
16 | (A) through (J) to the general assembly no later than February 1, 2010 and every three (3) years | |
17 | thereafter for inclusion in the statute. | |
18 | (3) For the period January 1, 2011 through December 31, 2011, and thereafter, "Rhode | |
19 | Island taxable income" means federal adjusted gross income as determined under the Internal | |
20 | Revenue Code, 26 U.S.C. 1 et seq., and as modified for Rhode Island purposes pursuant to § 44- | |
21 | 30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph | |
22 | 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph | |
23 | 44-30-2.6(c)(3)(C). | |
24 | (A) Tax imposed. | |
25 | (I) There is hereby imposed on the taxable income of married individuals filing joint | |
26 | returns, qualifying widow(er), every head of household, unmarried individuals, married individuals | |
27 | filing separate returns and bankruptcy estates, a tax determined in accordance with the following | |
28 | table: | |
29 | RI Taxable Income RI Income Tax | |
30 | Over But not over Pay +% on Excess on the amount over | |
31 | $0 - $ 55,000 $ 0 + 3.75% $0 | |
32 | 55,000 - 125,000 2,063 + 4.75% 55,000 | |
33 | 125,000 - 5,388 + 5.99% 125,000 | |
34 | (II) There is hereby imposed on the taxable income of an estate or trust a tax determined | |
|
| |
1 | in accordance with the following table: | |
2 | RI Taxable Income RI Income Tax | |
3 | Over But not over Pay + % on Excess on the amount over | |
4 | $0 - $ 2,230 $ 0 + 3.75% $0 | |
5 | 2,230 - 7,022 84 + 4.75% 2,230 | |
6 | 7,022 - 312 + 5.99% 7,022 | |
7 | (B) Deductions: | |
8 | (I) Rhode Island Basic Standard Deduction. Only the Rhode Island standard deduction | |
9 | shall be allowed in accordance with the following table: | |
10 | Filing status: Amount | |
11 | Single $7,500 | |
12 | Married filing jointly or qualifying widow(er) $15,000 | |
13 | Married filing separately $7,500 | |
14 | Head of Household $11,250 | |
15 | (II) Nonresident alien individuals, estates and trusts are not eligible for standard | |
16 | deductions. | |
17 | (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island | |
18 | purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand | |
19 | dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage. | |
20 | The term "applicable percentage" means twenty (20) percentage points for each five thousand | |
21 | dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable | |
22 | year exceeds one hundred seventy-five thousand dollars ($175,000). | |
23 | (C) Exemption Amount: | |
24 | (I) The term "exemption amount" means three thousand five hundred dollars ($3,500) | |
25 | multiplied by the number of exemptions allowed for the taxable year for federal income tax | |
26 | purposes. | |
27 | (II) Exemption amount disallowed in case of certain dependents. In the case of an | |
28 | individual with respect to whom a deduction under this section is allowable to another taxpayer for | |
29 | the same taxable year, the exemption amount applicable to such individual for such individual's | |
30 | taxable year shall be zero. | |
31 | (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island | |
32 | purposes pursuant to § 33-30-12, for the taxable year exceeds one hundred seventy-five thousand | |
33 | dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term | |
34 | "applicable percentage" means twenty (20) percentage points for each five thousand dollars | |
|
| |
1 | ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year | |
2 | exceeds one hundred seventy-five thousand dollars ($175,000). | |
3 | (E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30- | |
4 | 2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount | |
5 | equal to: | |
6 | (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B) | |
7 | and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by; | |
8 | (II) The cost-of-living adjustment with a base year of 2000. | |
9 | (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is | |
10 | the percentage (if any) by which the consumer price index for the preceding calendar year exceeds | |
11 | the consumer price index for the base year. The consumer price index for any calendar year is the | |
12 | average of the consumer price index as of the close of the twelve-month (12) period ending on | |
13 | August 31, of such calendar year. | |
14 | (IV) For the purpose of this section the term "consumer price index" means the last | |
15 | consumer price index for all urban consumers published by the department of labor. For the purpose | |
16 | of this section the revision of the consumer price index that is most consistent with the consumer | |
17 | price index for calendar year 1986 shall be used. | |
18 | (V) If any increase determined under this section is not a multiple of fifty dollars ($50.00), | |
19 | such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a | |
20 | married individual filing separate return, if any increase determined under this section is not a | |
21 | multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple | |
22 | of twenty-five dollars ($25.00). | |
23 | (F) Credits against tax. | |
24 | (I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on | |
25 | or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be | |
26 | as follows: | |
27 | (a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit | |
28 | pursuant to subparagraph 44-30-2.6(c)(2)(N). | |
29 | (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided | |
30 | in § 44-33-1 et seq. | |
31 | (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax | |
32 | credit as provided in § 44-30.3-1 et seq. | |
33 | (d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to | |
34 | other states pursuant to § 44-30-74. | |
|
| |
1 | (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit | |
2 | as provided in § 44-33.2-1 et seq. | |
3 | (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture | |
4 | production tax credit as provided in § 44-31.2-1 et seq. | |
5 | (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of | |
6 | the federal child and dependent care credit allowable for the taxable year for federal purposes; | |
7 | provided, however, such credit shall not exceed the Rhode Island tax liability. | |
8 | (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for | |
9 | contributions to scholarship organizations as provided in chapter 62 of title 44. | |
10 | (i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable | |
11 | as if no withholding were required, but any amount of Rhode Island personal income tax actually | |
12 | deducted and withheld in any calendar year shall be deemed to have been paid to the tax | |
13 | administrator on behalf of the person from whom withheld, and the person shall be credited with | |
14 | having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable | |
15 | year of less than twelve (12) months, the credit shall be made under regulations of the tax | |
16 | administrator. | |
17 | (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in | |
18 | RI wavemaker fellowship program as provided in § 42-64.26-1 et seq. | |
19 | (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in | |
20 | § 42-64.20-1 et seq. | |
21 | (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode | |
22 | Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq. | |
23 | (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter, | |
24 | unused carryforward for such credit previously issued shall be allowed for the historic | |
25 | homeownership assistance act as provided in §44-33.1-4. This allowance is for credits already | |
26 | issued pursuant to §44-33.1-4 and shall not be construed to authorize the issuance of new credits | |
27 | under the historic homeownership assistance act. | |
28 | (2) Except as provided in section 1 above, no other state and federal tax credit shall be | |
29 | available to the taxpayers in computing tax liability under this chapter. | |
30 | SECTION 20. Sections 12 and 13 of this article shall take effect on August 1, 2017. The | |
31 | remainder of this article shall take effect on July 1, 2017, except as otherwise provided herein. | |
|
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art.009/4/009/3/009/2/013/1 | ||
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1 | ARTICLE 9 AS AMENDED | |
2 | RELATING TO HEALTH AND HUMAN SERVICES | |
3 | SECTION 1. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode | |
4 | Island Works Program" is hereby amended to read as follows: | |
5 | 40-5.2-20. Child-care assistance. | |
6 | Families or assistance units eligible for child-care assistance. | |
7 | (a) The department shall provide appropriate child care to every participant who is eligible | |
8 | for cash assistance and who requires child care in order to meet the work requirements in | |
9 | accordance with this chapter. | |
10 | (b) Low-Income child care. The department shall provide child care to all other working | |
11 | families with incomes at or below one hundred eighty percent (180%) of the federal poverty level | |
12 | if, and to the extent, such other families require child care in order to work at paid employment as | |
13 | defined in the department's rules and regulations. Beginning October 1, 2013, the department shall | |
14 | also provide child care to families with incomes below one hundred eighty percent (180%) of the | |
15 | federal poverty level if, and to the extent, such families require child care to participate on a short- | |
16 | term basis, as defined in the department's rules and regulations, in training, apprenticeship, | |
17 | internship, on-the-job training, work experience, work immersion, or other job-readiness/job- | |
18 | attachment program sponsored or funded by the human resource investment council (governor's | |
19 | workforce board) or state agencies that are part of the coordinated program system pursuant to § | |
20 | 42-102-11. | |
21 | (c) No family/assistance unit shall be eligible for child-care assistance under this chapter if | |
22 | the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid resources | |
23 | are defined as any interest(s) in property in the form of cash or other financial instruments or | |
24 | accounts that are readily convertible to cash or cash equivalents. These include, but are not limited | |
25 | to, cash, bank, credit union, or other financial institution savings, checking, and money market | |
26 | accounts; certificates of deposit or other time deposits; stocks; bonds; mutual funds; and other | |
27 | similar financial instruments or accounts. These do not include educational savings accounts, plans, | |
28 | or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult, | |
29 | not including a spouse. The department is authorized to promulgate rules and regulations to | |
30 | determine the ownership and source of the funds in the joint account. | |
| ||
1 | (d) As a condition of eligibility for child-care assistance under this chapter, the parent or | |
2 | caretaker relative of the family must consent to, and must cooperate with, the department in | |
3 | establishing paternity, and in establishing and/or enforcing child support and medical support | |
4 | orders for all children in the family in accordance with title 15, as amended, unless the parent or | |
5 | caretaker relative is found to have good cause for refusing to comply with the requirements of this | |
6 | subsection. | |
7 | (e) For purposes of this section, "appropriate child care" means child care, including infant, | |
8 | toddler, pre-school, nursery school, school-age, that is provided by a person or organization | |
9 | qualified, approved, and authorized to provide such care by the department of children, youth and | |
10 | families, or by the department of elementary and secondary education, or such other lawful | |
11 | providers as determined by the department of human services, in cooperation with the department | |
12 | of children, youth and families and the department of elementary and secondary education. | |
13 | (f) (1) Families with incomes below one hundred percent (100%) of the applicable federal | |
14 | poverty level guidelines shall be provided with free child care. Families with incomes greater than | |
15 | one hundred percent (100%) and less than one hundred eighty percent (180%) of the applicable | |
16 | federal poverty guideline shall be required to pay for some portion of the child care they receive, | |
17 | according to a sliding-fee scale adopted by the department in the department's rules. | |
18 | (2) Families who are receiving child-care assistance and who become ineligible for child- | |
19 | care assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the | |
20 | applicable federal poverty guidelines shall continue to be eligible for child-care assistance from | |
21 | October 1, 2013, to September 30, 2017, or until their incomes exceed two hundred twenty-five | |
22 | percent (225%) of the applicable federal poverty guidelines, whichever occurs first. To be eligible, | |
23 | such families must continue to pay for some portion of the child care they receive, as indicated in | |
24 | a sliding-fee scale adopted in the department's rules and in accordance with all other eligibility | |
25 | standards. | |
26 | (g) In determining the type of child care to be provided to a family, the department shall | |
27 | take into account the cost of available child-care options; the suitability of the type of care available | |
28 | for the child; and the parent's preference as to the type of child care. | |
29 | (h) For purposes of this section, "income" for families receiving cash assistance under § | |
30 | 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in | |
31 | §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and | |
32 | unearned income as determined by departmental regulations. | |
33 | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast | |
34 | the expenditures for child care in accordance with the provisions of § 35-17-1. | |
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| |
1 | (j) In determining eligibility for child-care assistance for children of members of reserve | |
2 | components called to active duty during a time of conflict, the department shall freeze the family | |
3 | composition and the family income of the reserve component member as it was in the month prior | |
4 | to the month of leaving for active duty. This shall continue until the individual is officially | |
5 | discharged from active duty. | |
6 | SECTION 2. Sections 40-8-19 and 40-8-26 of the General Laws in Chapter 40-8 entitled | |
7 | "Medical Assistance" are hereby amended to read as follows: | |
8 | 40-8-19. Rates of payment to nursing facilities. | |
9 | (a) Rate reform. (1) The rates to be paid by the state to nursing facilities licensed pursuant | |
10 | to chapter 17 of title 23, and certified to participate in the Title XIX Medicaid program for services | |
11 | rendered to Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that | |
12 | must be incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. | |
13 | §1396a(a)(13). The executive office of health and human services ("executive office") shall | |
14 | promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1, | |
15 | 2011 to be consistent with the provisions of this section and Title XIX, 42 U.S.C. 1396 et seq., of | |
16 | the Social Security Act. | |
17 | (2) The executive office shall review the current methodology for providing Medicaid | |
18 | payments to nursing facilities, including other long-term care services providers, and is authorized | |
19 | to modify the principles of reimbursement to replace the current cost based methodology rates with | |
20 | rates based on a price based methodology to be paid to all facilities with recognition of the acuity | |
21 | of patients and the relative Medicaid occupancy, and to include the following elements to be | |
22 | developed by the executive office: | |
23 | (i) A direct care rate adjusted for resident acuity; | |
24 | (ii) An indirect care rate comprised of a base per diem for all facilities; | |
25 | (iii) A rearray of costs for all facilities every three (3) years beginning October, 2015, that | |
26 | may or may not result in automatic per diem revisions; | |
27 | (iv) Application of a fair rental value system; | |
28 | (v) Application of a pass-through system; and | |
29 | (vi) Adjustment of rates by the change in a recognized national nursing home inflation | |
30 | index to be applied on October 1st of each year, beginning October 1, 2012. This adjustment will | |
31 | not occur on October 1, 2013 or October 1, 2015, but will occur on April 1, 2015. The adjustment | |
32 | of rates will also not occur on October 1, 2017. Said inflation index shall be applied without regard | |
33 | for the transition factor in subsection (b)(2) below. For purposes of October 1, 2016, adjustment | |
34 | only, any rate increase that results from application of the inflation index to subparagraphs (a)(2)(i) | |
|
| |
1 | and (a)(2)(ii) shall be dedicated to increase compensation for direct-care workers in the following | |
2 | manner: Not less than 85% of this aggregate amount shall be expended to fund an increase in wages, | |
3 | benefits, or related employer costs of direct-care staff of nursing homes. For purposes of this | |
4 | section, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs), | |
5 | certified nursing assistants (CNAs), certified medical technicians, housekeeping staff, laundry staff, | |
6 | dietary staff, or other similar employees providing direct care services; provided, however, that this | |
7 | definition of direct-care staff shall not include: (i) RNs and LPNs who are classified as "exempt | |
8 | employees" under the Federal Fair Labor Standards Act (29 U.S.C. 201 et seq.); or (ii) CNAs, | |
9 | certified medical technicians, RNs, or LPNs who are contracted, or subcontracted, through a third- | |
10 | party vendor or staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary, | |
11 | or designee, a certification that they have complied with the provisions of this subparagraph | |
12 | (a)(2)(vi) with respect to the inflation index applied on October 1, 2016. Any facility that does not | |
13 | comply with terms of such certification shall be subjected to a clawback, paid by the nursing facility | |
14 | to the state, in the amount of increased reimbursement subject to this provision that was not | |
15 | expended in compliance with that certification. | |
16 | (b) Transition to full implementation of rate reform. For no less than four (4) years after | |
17 | the initial application of the price-based methodology described in subdivision (a)(2) to payment | |
18 | rates, the executive office of health and human services shall implement a transition plan to | |
19 | moderate the impact of the rate reform on individual nursing facilities. Said transition shall include | |
20 | the following components: | |
21 | (1) No nursing facility shall receive reimbursement for direct-care costs that is less than | |
22 | the rate of reimbursement for direct-care costs received under the methodology in effect at the time | |
23 | of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-care | |
24 | costs under this provision will be phased out in twenty-five-percent (25%) increments each year | |
25 | until October 1, 2021, when the reimbursement will no longer be in effect. No nursing facility shall | |
26 | receive reimbursement for direct care costs that is less than the rate of reimbursement for direct | |
27 | care costs received under the methodology in effect at the time of passage of this act; and | |
28 | (2) No facility shall lose or gain more than five dollars ($5.00) in its total per diem rate the | |
29 | first year of the transition. An adjustment to the per diem loss or gain may be phased out by twenty- | |
30 | five percent (25%) each year; except, however, for the years beginning October 1, 2015, there shall | |
31 | be no adjustment to the per diem gain or loss, but the phase out shall resume thereafter; and | |
32 | (3) The transition plan and/or period may be modified upon full implementation of facility | |
33 | per diem rate increases for quality of care related measures. Said modifications shall be submitted | |
34 | in a report to the general assembly at least six (6) months prior to implementation. | |
|
| |
1 | (4) Notwithstanding any law to the contrary, for the twelve (12) month period beginning | |
2 | July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section shall | |
3 | not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. | |
4 | 40-8-26. Community health centers. | |
5 | (a) For the purposes of this section the term community health centers refers to federally | |
6 | qualified health centers and rural health centers. | |
7 | (b) To support the ability of community health centers to provide high quality medical care | |
8 | to patients, the department of human services executive office of health and human services | |
9 | ("executive office") shall adopt and implement a methodology for determining a Medicaid per visit | |
10 | reimbursement for community health centers which is compliant with the prospective payment | |
11 | system provided for in the Medicare, Medicaid and SCHIP Benefits Improvement and Protection | |
12 | Act of 2001. The following principles are to assure that the prospective payment rate determination | |
13 | methodology is part of the department of human services' executive office overall value purchasing | |
14 | approach. | |
15 | (c) The rate determination methodology will (i) fairly recognize the reasonable costs of | |
16 | providing services. Recognized reasonable costs will be those appropriate for the organization, | |
17 | management and direct provision of services and (ii) provide assurances to the department of | |
18 | human services executive office that services are provided in an effective and efficient manner, | |
19 | consistent with industry standards. Except for demonstrated cause and at the discretion of the | |
20 | department of human services executive office, the maximum reimbursement rate for a service (e.g. | |
21 | medical, dental) provided by an individual community health center shall not exceed one hundred | |
22 | twenty-five percent (125%) of the median rate for all community health centers within Rhode | |
23 | Island. | |
24 | (d) Community health centers will cooperate fully and timely with reporting requirements | |
25 | established by the department executive office. | |
26 | (e) Reimbursement rates established through this methodology shall be incorporated into | |
27 | the PPS reconciliation for services provided to Medicaid eligible persons who are enrolled in a | |
28 | health plan on the date of service. Monthly payments by DHS the executive office related to PPS | |
29 | for persons enrolled in a health plan shall be made directly to the community health centers. | |
30 | (f) Reimbursement rates established through this methodology shall be incorporated into | |
31 | the PPS reconciliation for services provided to Medicaid eligible persons who are enrolled in a | |
32 | health plan on the date of service. Monthly payments by DHS related to PPS for persons enrolled | |
33 | in a health plan shall be made directly to the community health centers actuarially certified | |
34 | capitation rates paid to a health plan. The health plan shall be responsible for paying the full amount | |
|
| |
1 | of the reimbursement rate to the community health center for each service eligible for | |
2 | reimbursement under the Medicare, Medicaid and SCHIP Benefits Improvement and Protection | |
3 | Act of 2001. If the health plan has an alternative payment arrangement with the community health | |
4 | center the health plan may establish a PPS reconciliation process for eligible services and make | |
5 | monthly payments related to PPS for person enrolled in the health plan on the date of service. The | |
6 | executive office will review, at least annually, the Medicaid reimbursement rates and reconciliation | |
7 | methodology used by the health plans for community health centers to ensure payments to each are | |
8 | made in compliance with the Medicare, Medicaid and SCHIP Benefits Improvement and Protection | |
9 | Act of 2001. | |
10 | SECTION 3. Sections 40-8.3-2, 40-8.3-3 and 40-8.3-10 of the General Laws in Chapter | |
11 | 40-8.3 entitled "Uncompensated Care" are hereby amended to read as follows: | |
12 | 40-8.3-2. Definitions. | |
13 | As used in this chapter: | |
14 | (1) "Base year" means, for the purpose of calculating a disproportionate share payment for | |
15 | any fiscal year ending after September 30, 2015 2016, the period from October 1, 2013 2014, | |
16 | through September 30, 2014 2015, and for any fiscal year ending after September 30, 2016 2017, | |
17 | the period from October 1, 2014 2015, through September 30, 2015 2016. | |
18 | (2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a | |
19 | percentage), the numerator of which is the hospital's number of inpatient days during the base year | |
20 | attributable to patients who were eligible for medical assistance during the base year and the | |
21 | denominator of which is the total number of the hospital's inpatient days in the base year. | |
22 | (3) "Participating hospital" means any nongovernment and non-psychiatric hospital that: | |
23 | (i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year | |
24 | and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to | |
25 | 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless | |
26 | of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and 23- | |
27 | 17-6(b) (change in effective control), that provides short-term acute inpatient and/or outpatient care | |
28 | to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or | |
29 | pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care | |
30 | payment rates for a court-approved purchaser that acquires a hospital through receivership, special | |
31 | mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued | |
32 | a hospital license after January 1, 2013) shall be based upon the newly negotiated rates between | |
33 | the court-approved purchaser and the health plan, and such rates shall be effective as of the date | |
34 | that the court-approved purchaser and the health plan execute the initial agreement containing the | |
|
| |
1 | newly negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient | |
2 | hospital payments set forth in §40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall | |
3 | thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1 | |
4 | following the completion of the first full year of the court-approved purchaser's initial Medicaid | |
5 | managed care contract. | |
6 | (ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%) | |
7 | during the base year; and | |
8 | (iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during | |
9 | the payment year. | |
10 | (4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred | |
11 | by such hospital during the base year for inpatient or outpatient services attributable to charity care | |
12 | (free care and bad debts) for which the patient has no health insurance or other third-party coverage | |
13 | less payments, if any, received directly from such patients; and (ii) The cost incurred by such | |
14 | hospital during the base year for inpatient or out-patient services attributable to Medicaid | |
15 | beneficiaries less any Medicaid reimbursement received therefor; multiplied by the uncompensated | |
16 | care index. | |
17 | (5) "Uncompensated-care index" means the annual percentage increase for hospitals | |
18 | established pursuant to 27-19-14 for each year after the base year, up to and including the payment | |
19 | year, provided, however, that the uncompensated-care index for the payment year ending | |
20 | September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%), and | |
21 | that the uncompensated-care index for the payment year ending September 30, 2008, shall be | |
22 | deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care | |
23 | index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight | |
24 | hundredths percent (5.38%), and that the uncompensated-care index for the payment years ending | |
25 | September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September | |
26 | 30, 2014, September 30, 2015, September 30, 2016, and September 30, 2017, and September 30, | |
27 | 2018, shall be deemed to be five and thirty hundredths percent (5.30%). | |
28 | 40-8.3-3. Implementation. | |
29 | (a) For federal fiscal year 2015, commencing on October 1, 2014, and ending September | |
30 | 30, 2015, the executive office of health and human services shall submit to the Secretary of the | |
31 | U.S. Department of Health and Human Services a state plan amendment to the Rhode Island | |
32 | Medicaid state plan for disproportionate-share hospital payments (DSH Plan) to provide: | |
33 | (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of | |
34 | $140.0 million, shall be allocated by the executive office of health and human services to the Pool | |
|
| |
1 | A, Pool C, and Pool D components of the DSH Plan; and | |
2 | (2) That the Pool D allotment shall be distributed among the participating hospitals in direct | |
3 | proportion to the individual participating hospital's uncompensated care costs for the base year, | |
4 | inflated by the uncompensated care index to the total uncompensated care costs for the base year | |
5 | inflated by uncompensated care index for all participating hospitals. The DSH Plan payments shall | |
6 | be made on or before July 13, 2015, and are expressly conditioned upon approval on or before July | |
7 | 6, 2015, by the Secretary of the U.S. Department of Health and Human Services, or his or her | |
8 | authorized representative, of all Medicaid state-plan amendments necessary to secure for the state | |
9 | the benefit of federal financial participation in federal fiscal year 2015 for the disproportionate | |
10 | share payments. | |
11 | (b)(a) For federal fiscal year 2016, commencing on October 1, 2015, and ending September | |
12 | 30, 2016, the executive office of health and human services shall submit to the Secretary of the | |
13 | U.S. Department of Health and Human Services a state plan amendment to the Rhode Island | |
14 | Medicaid DSH Plan to provide: | |
15 | (1) That the disproportionate-share hospital payments to all participating hospitals, not to | |
16 | exceed an aggregate limit of $138.2 million, shall be allocated by the executive office of health and | |
17 | human services to the Pool A, Pool C, and Pool D components of the DSH Plan; and, | |
18 | (2) That the Pool D allotment shall be distributed among the participating hospitals in direct | |
19 | proportion to the individual, participating hospital's uncompensated-care costs for the base year, | |
20 | inflated by the uncompensated-care index to the total uncompensated-care costs for the base year | |
21 | inflated by uncompensated-care index for all participating hospitals. The DSH Plan shall be made | |
22 | on or before July 11, 2016, and are expressly conditioned upon approval on or before July 5, 2016, | |
23 | by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized | |
24 | representative, of all Medicaid state plan amendments necessary to secure for the state the benefit | |
25 | of federal financial participation in federal fiscal year 2016 for the DSH Plan. | |
26 | (c)(b) For federal fiscal year 2017, commencing on October 1, 2016, and ending September | |
27 | 30, 2017, the executive office of health and human services shall submit to the Secretary of the | |
28 | U.S. Department of Health and Human Services a state plan amendment to the Rhode Island | |
29 | Medicaid DSH Plan to provide: | |
30 | (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of | |
31 | $139.7 million, shall be allocated by the executive office of health and human services to the Pool | |
32 | D component of the DSH Plan; and, | |
33 | (2) That the Pool D allotment shall be distributed among the participating hospitals in direct | |
34 | proportion to the individual, participating hospital's uncompensated-care costs for the base year, | |
|
| |
1 | inflated by the uncompensated-care index to the total uncompensated-care costs for the base year | |
2 | inflated by uncompensated-care index for all participating hospitals. The disproportionate-share | |
3 | payments shall be made on or before July 11, 2017, and are expressly conditioned upon approval | |
4 | on or before July 5, 2017, by the Secretary of the U.S. Department of Health and Human Services, | |
5 | or his or her authorized representative, of all Medicaid state plan amendments necessary to secure | |
6 | for the state the benefit of federal financial participation in federal fiscal year 2017 for the | |
7 | disproportionate share payments. | |
8 | (c) For federal fiscal year 2018, commencing on October 1, 2017 and ending September | |
9 | 30, 2018, the executive office of health and human services shall submit to the Secretary of the | |
10 | U.S. Department of Health and Human Services a state plan amendment to the Rhode Island | |
11 | Medicaid DSH Plan to provide: | |
12 | (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of | |
13 | $138.6 million, shall be allocated by the executive office of health and human services to Pool D | |
14 | component of the DSH Plan; and, | |
15 | (2) That the Pool D allotment shall be distributed among the participating hospitals in direct | |
16 | proportion to the individual participating hospital's uncompensated care costs for the base year, | |
17 | inflated by the uncompensated care index to the total uncompensated care costs for the base year | |
18 | inflated by uncompensated care index for all participating hospitals. The disproportionate share | |
19 | payments shall be made on or before July 10, 2018 and are expressly conditioned upon approval | |
20 | on or before July 5, 2018 by the Secretary of the U.S. Department of Health and Human Services, | |
21 | or his or her authorized representative, of all Medicaid state plan amendments necessary to secure | |
22 | for the state the benefit of federal financial participation in federal fiscal year 2018 for the | |
23 | disproportionate share payments. | |
24 | (d) No provision is made pursuant to this chapter for disproportionate-share hospital | |
25 | payments to participating hospitals for uncompensated-care costs related to graduate medical | |
26 | education programs. | |
27 | (e) The executive office of health and human services is directed, on at least a monthly | |
28 | basis, to collect patient-level uninsured information, including, but not limited to, demographics, | |
29 | services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island. | |
30 | (f) Beginning with federal FY 2016, Pool D DSH payments will be recalculated by the | |
31 | state based on actual hospital experience. The final Pool D payments will be based on the data from | |
32 | the final DSH audit for each federal fiscal year. Pool D DSH payments will be redistributed among | |
33 | the qualifying hospitals in direct proportion to the individual, qualifying hospital's uncompensated- | |
34 | care to the total uncompensated-care costs for all qualifying hospitals as determined by the DSH | |
|
| |
1 | audit. No hospital will receive an allocation that would incur funds received in excess of audited | |
2 | uncompensated-care costs. | |
3 | SECTION 4. Section 40-8-13.4 of the General Laws in Chapter 40-8 entitled "Medical | |
4 | Assistance" is hereby amended to read as follows: | |
5 | 40-8-13.4. Rate methodology for payment for in state and out of state hospital | |
6 | services. | |
7 | (a) The executive office of health and human services ("executive office") shall implement | |
8 | a new methodology for payment for in-state and out-of-state hospital services in order to ensure | |
9 | access to, and the provision of, high-quality and cost-effective hospital care to its eligible recipients. | |
10 | (b) In order to improve efficiency and cost effectiveness, the executive office shall: | |
11 | (1) (i) With respect to inpatient services for persons in fee-for-service Medicaid, which is | |
12 | non-managed care, implement a new payment methodology for inpatient services utilizing the | |
13 | Diagnosis Related Groups (DRG) method of payment, which is, a patient-classification method | |
14 | that provides a means of relating payment to the hospitals to the type of patients cared for by the | |
15 | hospitals. It is understood that a payment method based on DRG may include cost outlier payments | |
16 | and other specific exceptions. The executive office will review the DRG-payment method and the | |
17 | DRG base price annually, making adjustments as appropriate in consideration of such elements as | |
18 | trends in hospital input costs; patterns in hospital coding; beneficiary access to care; and the Centers | |
19 | for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital | |
20 | Input Price index. For the twelve-month (12) period beginning July 1, 2015, the DRG base rate for | |
21 | Medicaid fee-for-service inpatient hospital services shall not exceed ninety-seven and one-half | |
22 | percent (97.5%) of the payment rates in effect as of July 1, 2014. | |
23 | (ii) With respect to inpatient services, (A) It is required as of January 1, 2011 until | |
24 | December 31, 2011, that the Medicaid managed care payment rates between each hospital and | |
25 | health plan shall not exceed ninety and one tenth percent (90.1%) of the rate in effect as of June 30, | |
26 | 2010. Negotiated increases Increases in inpatient hospital payments for each annual twelve-month | |
27 | (12) period beginning January 1, 2012 may not exceed the Centers for Medicare and Medicaid | |
28 | Services national CMS Prospective Payment System (IPPS) Hospital Input Price index for the | |
29 | applicable period; (B) Provided, however, for the twenty-four-month (24) period beginning July 1, | |
30 | 2013, the Medicaid managed care payment rates between each hospital and health plan shall not | |
31 | exceed the payment rates in effect as of January 1, 2013, and for the twelve-month (12) period | |
32 | beginning July 1, 2015, the Medicaid managed-care payment inpatient rates between each hospital | |
33 | and health plan shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in | |
34 | effect as of January 1, 2013; (C) Negotiated increases Increases in inpatient hospital payments for | |
|
| |
1 | each annual twelve-month (12) period beginning July 1, 2016 July 1, 2017, may not exceed shall | |
2 | be the Centers for Medicare and Medicaid Services national CMS Prospective Payment System | |
3 | (IPPS) Hospital Input Price Index, less Productivity Adjustment, for the applicable period and shall | |
4 | be paid to each hospital retroactively to July 1; (D) The executive office will develop an audit | |
5 | methodology and process to assure that savings associated with the payment reductions will accrue | |
6 | directly to the Rhode Island Medicaid program through reduced managed-care-plan payments and | |
7 | shall not be retained by the managed-care plans; (E) All hospitals licensed in Rhode Island shall | |
8 | accept such payment rates as payment in full; and (F) For all such hospitals, compliance with the | |
9 | provisions of this section shall be a condition of participation in the Rhode Island Medicaid | |
10 | program. | |
11 | (2) With respect to outpatient services and notwithstanding any provisions of the law to the | |
12 | contrary, for persons enrolled in fee-for-service Medicaid, the executive office will reimburse | |
13 | hospitals for outpatient services using a rate methodology determined by the executive office and | |
14 | in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare | |
15 | payments for similar services. Notwithstanding the above, there shall be no increase in the | |
16 | Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015. | |
17 | For the twelve-month (12) period beginning July 1, 2015, Medicaid fee-for-service outpatient rates | |
18 | shall not exceed ninety-seven and one-half percent (97.5%) of the rates in effect as of July 1, 2014. | |
19 | Thereafter, increases Increases in the outpatient hospital payments for each annual the twelve- | |
20 | month (12) period beginning July 1, 2016, may not exceed the CMS national Outpatient | |
21 | Prospective Payment System (OPPS) Hospital Input Price Index for the applicable period. With | |
22 | respect to the outpatient rate, (i) It is required as of January 1, 2011, until December 31, 2011, that | |
23 | the Medicaid managed-care payment rates between each hospital and health plan shall not exceed | |
24 | one hundred percent (100%) of the rate in effect as of June 30, 2010; (ii) Negotiated increases | |
25 | Increases in hospital outpatient payments for each annual twelve-month (12) period beginning | |
26 | January 1, 2012 until July 1,2017, may not exceed the Centers for Medicare and Medicaid Services | |
27 | national CMS Outpatient Prospective Payment System OPPS hospital price index for the applicable | |
28 | period; (iii) Provided, however, for the twenty-four-month (24) period beginning July 1, 2013, the | |
29 | Medicaid managed-care outpatient payment rates between each hospital and health plan shall not | |
30 | exceed the payment rates in effect as of January 1, 2013, and for the twelve-month (12) period | |
31 | beginning July 1, 2015, the Medicaid managed-care outpatient payment rates between each hospital | |
32 | and health plan shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in | |
33 | effect as of January 1, 2013; (iv) negotiated increases Increases in outpatient hospital payments for | |
34 | each annual twelve-month (12) period beginning July 1, 2016 July 1, 2017, may not exceed shall | |
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| |
1 | be the Centers for Medicare and Medicaid Services national CMS OPPS Hospital Input Price Index, | |
2 | less Productivity Adjustment, for the applicable period and shall be paid to each hospital | |
3 | retroactively to July 1 . | |
4 | (3) "Hospital", as used in this section, shall mean the actual facilities and buildings in | |
5 | existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter | |
6 | any premises included on that license, regardless of changes in licensure status pursuant to chapter | |
7 | 17.14 of title 23 (hospital conversions) and § 23-17-6(b) (change in effective control), that provides | |
8 | short-term, acute inpatient and/or outpatient care to persons who require definitive diagnosis and | |
9 | treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, | |
10 | the negotiated Medicaid managed care payment rates for a court-approved purchaser that acquires | |
11 | a hospital through receivership, special mastership or other similar state insolvency proceedings | |
12 | (which court-approved purchaser is issued a hospital license after January 1, 2013) shall be based | |
13 | upon the newly negotiated new rates between the court-approved purchaser and the health plan, | |
14 | and such rates shall be effective as of the date that the court-approved purchaser and the health plan | |
15 | execute the initial agreement containing the newly negotiated rate new rates. The rate-setting | |
16 | methodology for inpatient-hospital payments and outpatient-hospital payments set forth in | |
17 | subdivisions (b)(1)(ii)(C) and (b)(2), respectively, shall thereafter apply to negotiated increases for | |
18 | each annual twelve-month (12) period as of July 1 following the completion of the first full year of | |
19 | the court-approved purchaser's initial Medicaid managed care contract. | |
20 | (c) It is intended that payment utilizing the DRG method shall reward hospitals for | |
21 | providing the most efficient care, and provide the executive office the opportunity to conduct value- | |
22 | based purchasing of inpatient care. | |
23 | (d) The secretary of the executive office is hereby authorized to promulgate such rules and | |
24 | regulations consistent with this chapter, and to establish fiscal procedures he or she deems | |
25 | necessary, for the proper implementation and administration of this chapter in order to provide | |
26 | payment to hospitals using the DRG-payment methodology. Furthermore, amendment of the Rhode | |
27 | Island state plan for Medicaid, pursuant to Title XIX of the federal Social Security Act, is hereby | |
28 | authorized to provide for payment to hospitals for services provided to eligible recipients in | |
29 | accordance with this chapter. | |
30 | (e) The executive office shall comply with all public notice requirements necessary to | |
31 | implement these rate changes. | |
32 | (f) As a condition of participation in the DRG methodology for payment of hospital | |
33 | services, every hospital shall submit year-end settlement reports to the executive office within one | |
34 | year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit | |
|
| |
1 | a year-end settlement report as required by this section, the executive office shall withhold | |
2 | financial-cycle payments due by any state agency with respect to this hospital by not more than ten | |
3 | percent (10%) until said report is submitted. For hospital fiscal year 2010 and all subsequent fiscal | |
4 | years, hospitals will not be required to submit year-end settlement reports on payments for | |
5 | outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not | |
6 | be required to submit year-end settlement reports on claims for hospital inpatient services. Further, | |
7 | for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include only those | |
8 | claims received between October 1, 2009, and June 30, 2010. | |
9 | (g) The provisions of this section shall be effective upon implementation of the new | |
10 | payment methodology set forth in this section and § 40-8-13.3, which shall in any event be no later | |
11 | than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15, and 27- | |
12 | 19-16 shall be repealed in their entirety. | |
13 | SECTION 5. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled "Medical | |
14 | Assistance - Long-Term Care Service and Finance Reform" are hereby amended to read as follows: | |
15 | 40-8.9-9. Long-term care re-balancing system reform goal. | |
16 | (a) Notwithstanding any other provision of state law, the executive office of health and | |
17 | human services is authorized and directed to apply for and obtain any necessary waiver(s), waiver | |
18 | amendment(s) and/or state plan amendments from the secretary of the United States department of | |
19 | health and human services, and to promulgate rules necessary to adopt an affirmative plan of | |
20 | program design and implementation that addresses the goal of allocating a minimum of fifty percent | |
21 | (50%) of Medicaid long-term care funding for persons aged sixty-five (65) and over and adults | |
22 | with disabilities, in addition to services for persons with developmental disabilities , to home and | |
23 | community-based care ; provided, further, the executive office shall report annually as part of its | |
24 | budget submission, the percentage distribution between institutional care and home and | |
25 | community-based care by population and shall report current and projected waiting lists for long- | |
26 | term care and home and community-based care services. The executive office is further authorized | |
27 | and directed to prioritize investments in home and community- based care and to maintain the | |
28 | integrity and financial viability of all current long-term care services while pursuing this goal. | |
29 | (b) The reformed long-term care system re-balancing goal is person-centered and | |
30 | encourages individual self-determination, family involvement, interagency collaboration, and | |
31 | individual choice through the provision of highly specialized and individually tailored home- based | |
32 | services. Additionally, individuals with severe behavioral, physical, or developmental disabilities | |
33 | must have the opportunity to live safe and healthful lives through access to a wide range of | |
34 | supportive services in an array of community-based settings, regardless of the complexity of their | |
|
| |
1 | medical condition, the severity of their disability, or the challenges of their behavior. Delivery of | |
2 | services and supports in less costly and less restrictive community settings, will enable children, | |
3 | adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term care | |
4 | institutions, such as behavioral health residential treatment facilities, long- term care hospitals, | |
5 | intermediate care facilities and/or skilled nursing facilities. | |
6 | (c) Pursuant to federal authority procured under 42-7.2-16 of the general laws, the | |
7 | executive office of health and human services is directed and authorized to adopt a tiered set of | |
8 | criteria to be used to determine eligibility for services. Such criteria shall be developed in | |
9 | collaboration with the state's health and human services departments and, to the extent feasible, any | |
10 | consumer group, advisory board, or other entity designated for such purposes, and shall encompass | |
11 | eligibility determinations for long-term care services in nursing facilities, hospitals, and | |
12 | intermediate care facilities for persons with intellectual disabilities as well as home and community- | |
13 | based alternatives, and shall provide a common standard of income eligibility for both institutional | |
14 | and home and community- based care. The executive office is authorized to adopt clinical and/or | |
15 | functional criteria for admission to a nursing facility, hospital, or intermediate care facility for | |
16 | persons with intellectual disabilities that are more stringent than those employed for access to home | |
17 | and community-based services. The executive office is also authorized to promulgate rules that | |
18 | define the frequency of re- assessments for services provided for under this section. Levels of care | |
19 | may be applied in accordance with the following: | |
20 | (1) The executive office shall continue to apply the level of care criteria in effect on June | |
21 | 30, 2015 for any recipient determined eligible for and receiving Medicaid-funded long-term | |
22 | services in supports in a nursing facility, hospital, or intermediate care facility for persons with | |
23 | intellectual disabilities on or before that date, unless: | |
24 | (a) the recipient transitions to home and community based services because he or she would | |
25 | no longer meet the level of care criteria in effect on June 30, 2015; or | |
26 | (b) the recipient chooses home and community-based services over the nursing facility, | |
27 | hospital, or intermediate care facility for persons with intellectual disabilities. For the purposes of | |
28 | this section, a failed community placement, as defined in regulations promulgated by the executive | |
29 | office, shall be considered a condition of clinical eligibility for the highest level of care. The | |
30 | executive office shall confer with the long-term care ombudsperson with respect to the | |
31 | determination of a failed placement under the ombudsperson's jurisdiction. Should any Medicaid | |
32 | recipient eligible for a nursing facility, hospital, or intermediate care facility for persons with | |
33 | intellectual disabilities as of June 30, 2015, receive a determination of a failed community | |
34 | placement, the recipient shall have access to the highest level of care; furthermore, a recipient who | |
|
| |
1 | has experienced a failed community placement shall be transitioned back into his or her former | |
2 | nursing home, hospital, or intermediate care facility for persons with intellectual disabilities | |
3 | whenever possible. Additionally, residents shall only be moved from a nursing home, hospital, or | |
4 | intermediate care facility for persons with intellectual disabilities in a manner consistent with | |
5 | applicable state and federal laws. | |
6 | (2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a | |
7 | nursing home, hospital, or intermediate care facility for persons with intellectual disabilities shall | |
8 | not be subject to any wait list for home and community-based services. | |
9 | (3) No nursing home, hospital, or intermediate care facility for persons with intellectual | |
10 | disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds | |
11 | that the recipient does not meet level of care criteria unless and until the executive office has: | |
12 | (i) performed an individual assessment of the recipient at issue and provided written notice | |
13 | to the nursing home, hospital, or intermediate care facility for persons with intellectual disabilities | |
14 | that the recipient does not meet level of care criteria; and | |
15 | (ii) the recipient has either appealed that level of care determination and been unsuccessful, | |
16 | or any appeal period available to the recipient regarding that level of care determination has expired. | |
17 | (d) The executive office is further authorized to consolidate all home and community-based | |
18 | services currently provided pursuant to 1915( c) of title XIX of the United States Code into a single | |
19 | system of home and community- based services that include options for consumer direction and | |
20 | shared living. The resulting single home and community-based services system shall replace and | |
21 | supersede all §1915(c) programs when fully implemented. Notwithstanding the foregoing, the | |
22 | resulting single program home and community-based services system shall include the continued | |
23 | funding of assisted living services at any assisted living facility financed by the Rhode Island | |
24 | housing and mortgage finance corporation prior to January 1, 2006, and shall be in accordance with | |
25 | chapter 66.8 of title 42 of the general laws as long as assisted living services are a covered Medicaid | |
26 | benefit. | |
27 | (e) The executive office is authorized to promulgate rules that permit certain optional | |
28 | services including, but not limited to, homemaker services, home modifications, respite, and | |
29 | physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care | |
30 | subject to availability of state-appropriated funding for these purposes. | |
31 | (f) To promote the expansion of home and community-based service capacity, the | |
32 | executive office is authorized to pursue payment methodology reforms that increase access to | |
33 | homemaker, personal care (home health aide), assisted living, adult supportive care homes, and | |
34 | adult day services, as follows: | |
|
| |
1 | (1) Development, of revised or new Medicaid certification standards that increase access | |
2 | to service specialization and scheduling accommodations by using payment strategies designed to | |
3 | achieve specific quality and health outcomes. | |
4 | (2) Development of Medicaid certification standards for state authorized providers of adult | |
5 | day services, excluding such providers of services authorized under 40.1-24-1(3), assisted living, | |
6 | and adult supportive care (as defined under 23-17.24) that establish for each, an acuity- based, | |
7 | tiered service and payment methodology tied to: licensure authority, level of beneficiary needs; the | |
8 | scope of services and supports provided; and specific quality and outcome measures. | |
9 | The standards for adult day services for persons eligible for Medicaid-funded long-term | |
10 | services may differ from those who do not meet the clinical/functional criteria set forth in 40-8.10- | |
11 | 3. | |
12 | (3) By October 1, 2016, institute an increase in the base-payment rates for home-care | |
13 | service providers, in an amount to be determined through the appropriations process, for the | |
14 | purpose of implementing a wage pass-through program for personal-care attendants and home | |
15 | health aides assisting long-term-care beneficiaries. On or before September 1, 2016, Medicaid- | |
16 | funded home health providers seeking to participate in the program shall submit to the secretary, | |
17 | for his or her approval, a written plan describing and attesting to the manner in which the increased | |
18 | payment rates shall be passed through to personal-care attendants and home health aides in their | |
19 | salaries or wages less any attendant costs incurred by the provider for additional payroll taxes, | |
20 | insurance contributions, and other costs required by federal or state law, regulation, or policy and | |
21 | directly attributable to the wage pass-through program established in this section. Any such | |
22 | providers contracting with a Medicaid managed-care organization shall develop the plan for the | |
23 | wage pass-through program in conjunction with the managed-care entity and shall include an | |
24 | assurance by the provider that the base-rate increase is implemented in accordance with the goal of | |
25 | raising the wages of the health workers targeted in this subsection. Participating providers who do | |
26 | not comply with the terms of their wage pass-through plan shall be subject to a clawback, paid by | |
27 | the provider to the state, for any portion of the rate increase administered under this section that the | |
28 | secretary deems appropriate. As the state's Medicaid program seeks to assist more beneficiaries | |
29 | requiring long-term services and supports in home and community-based settings, the demand for | |
30 | home care workers has increased, and wages for these workers has not kept pace with neighboring | |
31 | states, leading to high turnover and vacancy rates in the state's home care industry, the EOHHS | |
32 | shall institute a one-time increase in the base-payment rates for home-care service providers to | |
33 | promote increased access to and an adequate supply of highly trained home health care | |
34 | professionals, in amount to be determined by the appropriations process, for the purpose of raising | |
|
| |
1 | wages for personal care attendants and home health aides to be implemented by such providers. | |
2 | (g) The executive office shall implement a long-term care options counseling program to | |
3 | provide individuals, or their representatives, or both, with long-term care consultations that shall | |
4 | include, at a minimum, information about: long-term care options, sources, and methods of both | |
5 | public and private payment for long-term care services and an assessment of an individual's | |
6 | functional capabilities and opportunities for maximizing independence. Each individual admitted | |
7 | to, or seeking admission to a long-term care facility, regardless of the payment source, shall be | |
8 | informed by the facility of the availability of the long-term care options counseling program and | |
9 | shall be provided with long-term care options consultation if they so request. Each individual who | |
10 | applies for Medicaid long-term care services shall be provided with a long-term care consultation. | |
11 | (h) The executive office is also authorized, subject to availability of appropriation of | |
12 | funding, and federal Medicaid-matching funds, to pay for certain services and supports necessary | |
13 | to transition or divert beneficiaries from institutional or restrictive settings and optimize their health | |
14 | and safety when receiving care in a home or the community . The secretary is authorized to obtain | |
15 | any state plan or waiver authorities required to maximize the federal funds available to support | |
16 | expanded access to such home and community transition and stabilization services; provided, | |
17 | however, payments shall not exceed an annual or per person amount. | |
18 | (i) To ensure persons with long-term care needs who remain living at home have adequate | |
19 | resources to deal with housing maintenance and unanticipated housing related costs, the secretary | |
20 | is authorized to develop higher resource eligibility limits for persons or obtain any state plan or | |
21 | waiver authorities necessary to change the financial eligibility criteria for long-term services and | |
22 | supports to enable beneficiaries receiving home and community waiver services to have the | |
23 | resources to continue living in their own homes or rental units or other home-based settings. | |
24 | (j) The executive office shall implement, no later than January 1, 2016, the following home | |
25 | and community-based service and payment reforms: | |
26 | (1) Community-based supportive living program established in 40-8.13-2.12; | |
27 | (2) Adult day services level of need criteria and acuity-based, tiered payment methodology; | |
28 | and | |
29 | (3) Payment reforms that encourage home and community-based providers to provide the | |
30 | specialized services and accommodations beneficiaries need to avoid or delay institutional care. | |
31 | (k) The secretary is authorized to seek any Medicaid section 1115 waiver or state plan | |
32 | amendments and take any administrative actions necessary to ensure timely adoption of any new | |
33 | or amended rules, regulations, policies, or procedures and any system enhancements or changes, | |
34 | for which appropriations have been authorized, that are necessary to facilitate implementation of | |
|
| |
1 | the requirements of this section by the dates established. The secretary shall reserve the discretion | |
2 | to exercise the authority established under 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with the | |
3 | governor, to meet the legislative directives established herein. | |
4 | SECTION 6. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled | |
5 | "Department of Behavioral Healthcare, Developmental Disabilities and Hospitals" is hereby | |
6 | amended to read as follows: | |
7 | 40.1-1-13. Powers and duties of the office. | |
8 | (a) Notwithstanding any provision of the Rhode Island general laws to the contrary, the | |
9 | department of behavioral healthcare, developmental disabilities and hospitals shall have the | |
10 | following powers and duties: | |
11 | (1) To establish and promulgate the overall plans, policies, objectives, and priorities for | |
12 | state substance-abuse education, prevention, and treatment; provided, however, that the director | |
13 | shall obtain and consider input from all interested state departments and agencies prior to the | |
14 | promulgation of any such plans or policies; | |
15 | (2) Evaluate and monitor all state grants and contracts to local substance-abuse service | |
16 | providers; | |
17 | (3) Develop, provide for, and coordinate the implementation of a comprehensive state plan | |
18 | for substance-abuse education, prevention, and treatment; | |
19 | (4) Ensure the collection, analysis, and dissemination of information for planning and | |
20 | evaluation of substance-abuse services; | |
21 | (5) Provide support, guidance, and technical assistance to individuals, local governments, | |
22 | community service providers, public and private organizations in their substance-abuse education, | |
23 | prevention, and treatment activities; | |
24 | (6) Confer with all interested department directors to coordinate the administration of state | |
25 | programs and policies that directly affect substance-abuse treatment and prevention; | |
26 | (7) Seek and receive funds from the federal government and private sources in order to | |
27 | further the purposes of this chapter; | |
28 | (8) To act for all purposes in the capacity of "state substance-abuse authority" as the sole | |
29 | designated agency with the sole responsibility for planning, coordinating, managing, implementing, | |
30 | and reporting on state substance-abuse planning and policy efforts as it relates to requirements set | |
31 | forth in pertinent federal substance-abuse laws and regulations; To act in conjunction with the | |
32 | executive office of health and human services as the state's co-designated agency (§ 42 U.S.C. | |
33 | 300x-30(a)) for administering federal aid and for the purposes of the calculation of the expenditures | |
34 | relative to the substance abuse block grant and federal funding maintenance of effort. The | |
|
| |
1 | department of behavioral healthcare, developmental disabilities and hospitals, as the state's | |
2 | substance abuse authority, will have the sole responsibility for the planning, policy and | |
3 | implementation efforts as it relates to the requirements set forth in pertinent substance abuse laws | |
4 | and regulations including 42 U.S.C. § 300x-21 et seq.; | |
5 | (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving | |
6 | insurance and managed care systems for substance-abuse services in Rhode Island; | |
7 | (10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual | |
8 | relationships and memoranda of agreement as necessary for the purposes of this chapter; | |
9 | (11) To license facilities and programs for the care and treatment of substance abusers and | |
10 | for the prevention of substance abuse; | |
11 | (12) To promulgate rules and regulations necessary to carry out the requirements of this | |
12 | chapter; | |
13 | (13) Perform other acts and exercise any other powers necessary or convenient to carry out | |
14 | the intent and purposes of this chapter; | |
15 | (14) To exercise the authority and responsibilities relating to education, prevention, and | |
16 | treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter | |
17 | 1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter | |
18 | 21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and § 35-4-18; | |
19 | (15) To establish a Medicare Part D restricted-receipt account in the hospitals and | |
20 | community rehabilitation services program to receive and expend Medicare Part D reimbursements | |
21 | from pharmacy benefit providers consistent with the purposes of this chapter; | |
22 | (16) To establish a RICLAS group home operations restricted-receipt account in the | |
23 | services for the developmentally disabled program to receive and expend rental income from | |
24 | RICLAS group clients for group home-related expenditures, including food, utilities, community | |
25 | activities, and the maintenance of group homes; | |
26 | (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the | |
27 | hospitals and community rehabilitation services program to receive and expend reimbursement | |
28 | from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid | |
29 | eligible; and | |
30 | (18) To certify recovery housing facilities directly, or through a contracted entity, as | |
31 | defined by department guidelines, which includes adherence to using National Alliance for | |
32 | Recovery Residences (NARR) standards. In accordance with a schedule to be determined by the | |
33 | department, all referrals from state agencies or state-funded facilities shall be to certified houses, | |
34 | and only certified recovery housing facilities shall be eligible to receive state funding to deliver | |
|
| |
1 | recovery housing services; and. | |
2 | (19) To act in conjunction with the executive office of health and human services as the | |
3 | state's co-designated agency for administering federal aid and for the purpose of the calculation of | |
4 | expenditures relative to the substance-abuse block grant and federal funding maintenance of effort | |
5 | requirements. | |
6 | SECTION 7. Section 40.1-22-39 of the General Laws in Chapter 40.1-22 entitled | |
7 | "Developmental Disabilities" is hereby amended to read as follows: | |
8 | 40.1-22-39. Monthly reports to the general assembly. | |
9 | On or before the fifteenth (15th) day of each month, the department shall provide a monthly | |
10 | report of monthly caseload and expenditure data, pertaining to eligible, developmentally disabled | |
11 | adults, to the chairperson of the house finance committee; the chairperson of the senate finance | |
12 | committee; the house fiscal advisor; the senate fiscal advisor; and the state budget officer. The | |
13 | monthly report shall be in such form, and in such number of copies, and with such explanation as | |
14 | the house and senate fiscal advisors may require. It shall include, but is not limited to, the number | |
15 | of cases and expenditures from the beginning of the fiscal year at the beginning of the prior month; | |
16 | cases added and denied during the prior month; expenditures made; and the number of cases and | |
17 | expenditures at the end of the month. The information concerning cases added and denied shall | |
18 | include summary information and profiles of the service-demand request for eligible adults meeting | |
19 | the state statutory definition for services from the division of developmental disabilities as | |
20 | determined by the division, including age, Medicaid eligibility and agency selection placement with | |
21 | a list of the services provided, and the reasons for the determinations of ineligibility for those cases | |
22 | denied. | |
23 | The department shall also provide, monthly, the number of individuals in a shared-living | |
24 | arrangement and how many may have returned to a 24-hour residential placement in that month. | |
25 | The department shall also report, monthly, any and all information for the consent decree that has | |
26 | been submitted to the federal court as well as the number of unduplicated individuals employed; | |
27 | the place of employment; and the number of hours working. | |
28 | The department shall also provide the amount of funding allocated to individuals above the | |
29 | assigned resource levels; the number of individuals and the assigned resource level; and the reasons | |
30 | for the approved additional resources. The department will also collect and forward to house fiscal | |
31 | advisor, senate fiscal advisor and state budget officer, by November 1 of each year, the annual cost | |
32 | reports for each community based provider for the prior fiscal year. | |
33 | The department shall also provide the amount of patient liability to be collected and the | |
34 | amount collected as well as the number of individuals who have a financial obligation. | |
|
| |
1 | The department will also provide a list of community based providers awarded an advanced | |
2 | payment for residential and community based day programs, the address for each property and the | |
3 | value of the advancement. If the property is sold, the department must report the final sale, | |
4 | including the purchaser, the value of the sale and the name of the agency that operated the facility. | |
5 | If residential property, the department must provide the number of individuals residing in the home | |
6 | at the time of sale and identify the type of residential placement that the individual(s) will be | |
7 | moving to. The department must report if the property will continue to be licensed as a residential | |
8 | facility. The department will also report any newly licensed twenty-four (24) hour group home, the | |
9 | provider operating the facility and the number of individuals residing in the facility. | |
10 | Prior to December 1, 2017, the department will provide the authorizations for community | |
11 | based and day program, including the unique number of individuals eligible to receive the services | |
12 | and at the end of each month the unique number of individuals who participated in the programs | |
13 | and claims processed. | |
14 | SECTION 8. Section 42-7.2-2 of the General Laws in Chapter 42-7.2 entitled "Executive | |
15 | Office of Health and Human Services" is hereby amended to read as follows: | |
16 | 42-7.2-2. Executive office of health and human services. | |
17 | There is hereby established within the executive branch of state government an executive | |
18 | office of health and human services to serve as the principal agency of the executive branch of state | |
19 | government for managing the departments of children, youth and families, health, human services, | |
20 | and behavioral healthcare, developmental disabilities and hospitals. In this capacity, the office | |
21 | shall: | |
22 | (a) Lead the state's four (4) health and human services departments in order to: | |
23 | (1) Improve the economy, efficiency, coordination, and quality of health and human | |
24 | services policy and planning, budgeting, and financing. | |
25 | (2) Design strategies and implement best practices that foster service access, consumer | |
26 | safety, and positive outcomes. | |
27 | (3) Maximize and leverage funds from all available public and private sources, including | |
28 | federal financial participation, grants, and awards. | |
29 | (4) Increase public confidence by conducting independent reviews of health and human | |
30 | services issues in order to promote accountability and coordination across departments. | |
31 | (5) Ensure that state health and human services policies and programs are responsive to | |
32 | changing consumer needs and to the network of community providers that deliver assistive services | |
33 | and supports on their behalf. | |
34 | (6) Administer Rhode Island Medicaid in the capacity of the single state agency authorized | |
|
| |
1 | under title XIX of the U.S. Social Security act, 42 U.S.C. § 1396a et seq., and exercise such single | |
2 | state agency authority for such other federal and state programs as may be designated by the | |
3 | governor. Except as provided for herein, nothing in this chapter shall be construed as transferring | |
4 | to the secretary the powers, duties, or functions conferred upon the departments by Rhode Island | |
5 | general laws for the management and operations of programs or services approved for federal | |
6 | financial participation under the authority of the Medicaid state agency. | |
7 | (7) To act in conjunction with the department of behavioral healthcare, developmental | |
8 | disabilities and hospitals as the state's co-designated agency for administering federal aid and for | |
9 | the purpose of the calculation of expenditures relative to the substance-abuse block grant and | |
10 | federal funding maintenance of effort requirements. To act in conjunction with the department of | |
11 | behavioral healthcare, developmental disabilities and hospitals as the state's co-designated agency | |
12 | (42 U.S.C. § 300x-30(a)) for administering federal aid and for the purposes of the calculation of | |
13 | expenditures relative to the substance abuse block grant and federal funding maintenance of effort. | |
14 | SECTION 9. Section 42-12-29 of the General Laws in Chapter 42-12 entitled "Department | |
15 | of Human Services" is hereby amended to read as follows: | |
16 | 42-12-29. Children's health account. | |
17 | (a) There is created within the general fund a restricted receipt account to be known as the | |
18 | "children's health account." All money in the account shall be utilized by the department of human | |
19 | services executive office of health and human services ("executive office") to effectuate coverage | |
20 | for the following service categories: (1) home health services, which include pediatric private duty | |
21 | nursing and certified nursing assistant services; (2) Cedar comprehensive, evaluation, diagnosis, | |
22 | assessment, referral and evaluation (CEDARR) (CEDAR) services, which include CEDARR | |
23 | family center services, home based therapeutic services, personal assistance services and supports | |
24 | (PASS) and kids connect services and (3) child and adolescent treatment services (CAITS). All | |
25 | money received pursuant to this section shall be deposited in the children's health account. The | |
26 | general treasurer is authorized and directed to draw his or her orders on the account upon receipt | |
27 | of properly authenticated vouchers from the department of human services executive office. | |
28 | (b) Beginning January 1, 2016 July 1, 2017, a portion of the amount collected pursuant to | |
29 | 42-7.4-3, up to the actual amount expended or projected to be expended by the state for the services | |
30 | described in 42-12-29(a), less any amount collected in excess of the prior year's funding | |
31 | requirement as indicated in 42-12-29(c), but in no event more than the limit set forth in 42-12-29(d) | |
32 | (the "child health services funding requirement"), shall be deposited in the "children's health | |
33 | account.". The funds shall be used solely for the purposes of the "children's health account", and | |
34 | no other. | |
|
| |
1 | (c) The department of human services executive office shall submit to the general assembly | |
2 | an annual report on the program and costs related to the program, on or before February 1 of each | |
3 | year. The department executive office shall make available to each insurer required to make a | |
4 | contribution pursuant to 42-7.4-3, upon its request, detailed information regarding the children's | |
5 | health programs described in subsection (a) and the costs related to those programs. Any funds | |
6 | collected in excess of funds needed to carry out the programs shall be deducted from the subsequent | |
7 | year's funding requirements. | |
8 | (d) The total amount required to be deposited into the children's health account shall be | |
9 | equivalent to the amount paid by the department of human services executive office for all services, | |
10 | as listed in subsection (a), but not to exceed seven thousand five hundred dollars ($7,500) twelve | |
11 | thousand five hundred dollars ($12,500) per child per service per year. | |
12 | (e) The children's health account shall be exempt from the indirect cost recovery provisions | |
13 | of 35-4-27 of the general laws. | |
14 | SECTION 10. Section 15 of Article 5 of Chapter 141 of the Public Laws of 2015 is hereby | |
15 | amended to read as follows: | |
16 | A pool is hereby established of up to $2.5 million$4.0 million to support Medicaid | |
17 | Graduate Education funding for Academic Medical Centers with level I Trauma Centers who | |
18 | provide care to the state's critically ill and indigent populations. The office of Health and Human | |
19 | Services shall utilize this pool to provide up to $5 million per year in additional Medicaid payments | |
20 | to support Graduate Medical Education programs to hospitals meeting all of the following criteria: | |
21 | (a) Hospital must have a minimum of 25,000 inpatient discharges per year for all patients | |
22 | regardless of coverage. | |
23 | (b) Hospital must be designated as Level I Trauma Center. | |
24 | (c) Hospital must provide graduate medical education training for at least 250 interns and | |
25 | residents per year. | |
26 | The Secretary of the Executive Office of Health and Human Services shall determine the | |
27 | appropriate Medicaid payment mechanism to implement this program and amend any state plan | |
28 | documents required to implement the payments. | |
29 | Payments for Graduate Medical Education programs shall be made annually. | |
30 | SECTION 11. RELATING TO MEDICAID REFORM ACT OF 2008 RESOLUTION | |
31 | Section 1. Rhode Island Medicaid Reform Act of 2008 Resolution. | |
32 | WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled "The Rhode | |
33 | Island Medicaid Reform Act of 2008"; and | |
34 | WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws | |
|
| |
1 | 42-12.4-1, et seq.; and | |
2 | WHEREAS, Rhode Island General Law 42-7.2-5(3)(a) provides that the Secretary of the | |
3 | Executive Office of Health and Human Services ("Executive Office") is responsible for the review | |
4 | and coordination of any Medicaid section 1115 demonstration waiver requests and renewals as well | |
5 | as any initiatives and proposals requiring amendments to the Medicaid state plan or category II or | |
6 | III changes as described in the demonstration, "with potential to affect the scope, amount, or | |
7 | duration of publicly-funded health care services, provider payments or reimbursements, or access | |
8 | to or the availability of benefits and services provided by Rhode Island general and public laws"; | |
9 | and | |
10 | WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is | |
11 | fiscally sound and sustainable, the Secretary requests legislative approval of the following | |
12 | proposals to amend the demonstration: | |
13 | (a) Provider Rates -- Adjustments. The Executive Office proposes to: | |
14 | (i) Eliminate hospital payments by the projected increases in hospital rates that would | |
15 | otherwise take-effect during the state fiscal year 2018 and reduce the hospital payments by one | |
16 | percent on January 1, 2018. | |
17 | (ii)(i) Adjust acuity-based payment rates to nursing facilities and eliminate Eliminate the | |
18 | annual increase in rates that would otherwise take-effect on October 1, 2017; | |
19 | (iii) Change the acuity-based policy adjustor for payments to hospitals for behavioral health | |
20 | services; and | |
21 | (iv)(ii) Reduce rates for Medicaid managed care plan administration. | |
22 | Implementation of adjustments may require amendments to the Rhode Island's Medicaid | |
23 | State Plan and/or Section 1115 waiver under the terms and conditions of the demonstration. Further, | |
24 | adoption of new or amended rules, regulations and procedures may also be required. | |
25 | (b) Beneficiary Liability Collection Enhancements – Federal laws and regulations require | |
26 | beneficiaries who are receiving Medicaid-funded long-term services and supports (LTSS) to pay a | |
27 | portion of their income toward in the cost of care. The Executive Office is seeking to enhance the | |
28 | agency's capacity to collect these payments in a timely and equitable manner. The Executive Office | |
29 | may require federal State Plan and/or waiver authority to implement these enhancements. Amended | |
30 | rules, regulations and procedures may also be required. | |
31 | (c) Community Health Centers – Alternative payment methodology. To pursue more | |
32 | transparent, better coordinated, and cost-effective care delivery, the Executive Office proposes to | |
33 | revise the Rhode Island's Principles of Reimbursement for Federally Qualified Health Centers, as | |
34 | amended July 2012, to include in its monthly capitation payments to the health plans the total cost | |
|
| |
1 | of providing care to the Medicaid plan members the Community Health Centers serve. Pursuing | |
2 | such revisions may also require amendments to the Medicaid state plan and/or other federal | |
3 | authorities. | |
4 | (d) Healthy Aging Initiative and LTSS System Reform. The Executive Office proposes to | |
5 | further the goals of the Healthy Aging Initiative and LTSS system rebalancing by pursuing: | |
6 | (i) Integrated Care Initiative (ICI) – Demonstration amendment. New enrollment patterns | |
7 | in managed care and fee-for-services Medicaid that will promote the Healthy Aging Initiative goals | |
8 | of achieving greater utilization of home and community-based long-term services and supports | |
9 | options. | |
10 | (ii)(i) Process Review and Reform. A review of access to Medicaid-funded LTSS for the | |
11 | purpose of reforming existing processes to streamline eligibility determination procedures, promote | |
12 | options counseling and person-centered planning, and to further the goals of rebalancing the LTSS | |
13 | system while preserving service quality, choice and cost-effectiveness. | |
14 | Implementation of these changes may require Section 1115 waiver authority under the | |
15 | terms and conditions of the demonstration. New and/or amended rules, regulations and procedures | |
16 | may also be necessary to implement this proposal. Accordingly, the Executive Office may require | |
17 | State Plan or the Section 1115 waiver to foster greater access to home and community-based | |
18 | services. Implementation of such changes may also require the adoption of rules, regulations and/or | |
19 | procedures. | |
20 | (e) Estate Recoveries and Liens. Proposed changes in Executive Office policies pertaining | |
21 | to estate recoveries and liens may require new or amended State Plan and/or Section 1115 waiver | |
22 | authorities. Implementation of these changes may also require new and/or amended rules, | |
23 | regulations and procedures. | |
24 | (f)(e) Federal Financing Opportunities. The Executive Office proposes to review Medicaid | |
25 | requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of 2010 | |
26 | (PPACA) and various other recently enacted federal laws and pursue any changes in the Rhode | |
27 | Island Medicaid program that promote service quality, access and cost-effectiveness that may | |
28 | warrant a Medicaid State Plan amendment or amendment under the terms and conditions of Rhode | |
29 | Island's Section 1115 Waiver, its successor, or any extension thereof. Any such actions by the | |
30 | Executive Office shall not have an adverse impact on beneficiaries or cause there to be an increase | |
31 | in expenditures beyond the amount appropriated for state fiscal year 2018. Now, therefore, be it: | |
32 | RESOLVED, the General Assembly hereby approves proposals and be it further; | |
33 | RESOLVED, the Secretary of the Executive Office is authorized to pursue and implement | |
34 | any waiver amendments, State Plan amendments, and/or changes to the applicable department's | |
|
| |
1 | rules, regulations and procedures approved herein and as authorized by 42-12.4-7; and be it further | |
2 | RESOLVED, that this Joint Resolution shall take effect upon passage. | |
3 | SECTION 12. Section 1 of this Article shall take effect on October 1, 2017. The remainder | |
4 | of this Article shall take effect upon passage. | |
|
|
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art.010/9/010/8/010/7/010/6/010/5/010/4/010/3/010/2 | ||
======= | ||
1 | ARTICLE 10 AS AMENDED | |
2 | RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017 | |
3 | SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in | |
4 | this act, the following general revenue amounts are hereby appropriated out of any money in the | |
5 | treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2017. | |
6 | The amounts identified for federal funds and restricted receipts shall be made available pursuant to | |
7 | section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes | |
8 | and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw | |
9 | his or her orders upon the general treasurer for the payment of such sums or such portions thereof | |
10 | as may be required from time to time upon receipt by him or her of properly authenticated vouchers. | |
11 | FY 2017 FY 2017 FY 2017 | |
12 | Enacted Change Final | |
13 | Administration | |
14 | Central Management | |
15 | General Revenues 2,660,785 60,974 2,721,759 | |
16 | Legal Services | |
17 | General Revenues 2,185,988 (109,253) 2,076,735 | |
18 | Accounts and Control | |
19 | General Revenues 4,147,433 (143,027) 4,004,406 | |
20 | Office of Management and Budget | |
21 | General Revenues 8,535,107 (1,580,272) 6,954,835 | |
22 | Restricted Receipts 355,000 109,647 464,647 | |
23 | Other Funds 1,381,095 123,696 1,504,791 | |
24 | Total – Office of Management and Budget 10,271,202 (1,346,929) 8,924,273 | |
25 | Purchasing | |
26 | General Revenues 2,860,722 (21,863) 2,838,859 | |
27 | Other Funds 232,640 46,420 279,060 | |
28 | Total – Purchasing 3,093,362 24,557 3,117,919 | |
29 | Human Resources | |
30 | General Revenues 7,783,906 (124,660) 7,659,246 | |
| ||
1 | Federal Funds 784,618 260,226 1,044,844 | |
2 | Restricted Receipts 487,070 137,176 624,246 | |
3 | Other Funds 1,486,706 96,829 1,583,535 | |
4 | Total - Human Resources 10,542,300 369,571 10,911,871 | |
5 | Personnel Appeal Board | |
6 | General Revenues 133,419 11,833 145,252 | |
7 | Information Technology | |
8 | General Revenues 21,840,562 (73,641) 21,766,921 | |
9 | Federal Funds 6,778,053 69,098 6,847,151 | |
10 | Restricted Receipts 9,903,237 6,304,893 16,208,130 | |
11 | Other Funds 2,771,449 (50,812) 2,720,637 | |
12 | Total – Information Technology 41,293,301 6,249,538 47,542,839 | |
13 | Library and Information Services | |
14 | General Revenues 1,342,819 (1,190) 1,341,629 | |
15 | Federal Funds 1,200,253 15,500 1,215,753 | |
16 | Restricted Receipts 28 5,472 5,500 | |
17 | Total - Library and Information Services 2,543,100 19,782 2,562,882 | |
18 | Planning | |
19 | General Revenues 1,341,758 (367,387) 974,371 | |
20 | Federal Funds 1,014,317 (990,006) 24,311 | |
21 | Other Funds | |
22 | Air Quality Modeling 24,000 0 24,000 | |
23 | Federal Highway – PL Systems Planning 2,974,750 52,460 3,027,210 | |
24 | FTA – Metro Planning Grant 0 998,791 998,791 | |
25 | Total - Planning 5,354,825 (306,142) 5,048,683 | |
26 | General | |
27 | General Revenues 50,000 0 50,000 | |
28 | Provided that this amount be allocated to City Year for the Whole School Whole Child | |
29 | Program, which provides individualized support to at-risk students. | |
30 | Torts - Courts/Awards 400,000 0 400,000 | |
31 | State Employees/Teachers Retiree Health Subsidy 2,321,057 0 2,321,057 | |
32 | Resource Sharing and State Library Aid 9,362,072 0 9,362,072 | |
33 | Library Construction Aid 2,223,220 (2,274) 2,220,946 | |
34 | RIPTA 900,000 0 900,000 | |
|
| |
1 | Restricted Receipts 421,500 278,500 700,000 | |
2 | Other Funds | |
3 | Rhode Island Capital Plan Funds | |
4 | Statehouse Renovations 700,000 300,000 1,000,000 | |
5 | DoIT Enterprise Operations Center 500,000 (340,000) 160,000 | |
6 | Cranston Street Armory 1,500,000 0 1,500,000 | |
7 | Cannon Building 400,000 0 400,000 | |
8 | Pastore Center Rehab DOA Portion 6,783,000 117,000 6,900,000 | |
9 | Zambarano Building Rehabilitation 3,785,000 (1,610,000) 2,175,000 | |
10 | Pastore Strategic Plan 1,325,500 200,000 1,525,500 | |
11 | Old State House 500,000 (450,000) 50,000 | |
12 | State Office Building 1,670,000 35,000 1,705,000 | |
13 | Old Colony House 100,000 180,000 280,000 | |
14 | William Powers Building 1,000,000 (200,000) 800,000 | |
15 | Pastore Center Utility Systems Upgrade 2,878,000 (742,378) 2,135,622 | |
16 | Replacement of Fueling Tanks 400,000 (204,390) 195,610 | |
17 | Environmental Compliance 200,000 (100,000) 100,000 | |
18 | Big River Management Area 100,000 (68,280) 31,720 | |
19 | Washington County Government Center 500,000 (400,000) 100,000 | |
20 | Veterans Memorial Auditorium 245,000 210,147 455,147 | |
21 | Chapin Health Laboratory 2,362,000 (2,262,000) 100,000 | |
22 | Pastore Center Parking 900,000 (785,000) 115,000 | |
23 | Pastore Center Water Tanks and Pipes 380,000 160,000 540,000 | |
24 | RI Convention Center Authority 1,000,000 50,245 1,050,245 | |
25 | Dunkin Donuts Center 2,787,500 135,759 2,923,259 | |
26 | Pastore Power Plant Rehabilitation 640,000 (640,000) 0 | |
27 | Virks Building Renovations 14,505,000 627,512 15,132,512 | |
28 | Accessibility – Facility Renovations 1,000,000 0 1,000,000 | |
29 | Harrington Hall Renovations 0 194,222 194,222 | |
30 | Mathias Building 0 530,000 530,000 | |
31 | McCoy Stadium Repairs 0 115,000 115,000 | |
32 | Veterans Land Purchase 0 45,000 45,000 | |
33 | Total – General 61,838,849 (4,625,937) 57,212,912 | |
34 | Debt Service Payments | |
|
| |
1 | General Revenues 130,523,966 (10,980,594) 119,543,372 | |
2 | Out of the general revenue appropriations for debt service, the General Treasurer is | |
3 | authorized to make payments for the I-195 Redevelopment District Commission loan up to the | |
4 | maximum debt service due in accordance with the loan agreement. | |
5 | Federal Funds 2,235,315 (699) 2,234,616 | |
6 | Restricted Receipts 111,453 451 111,904 | |
7 | Other Funds | |
8 | COPS - DLT Building – TDI 127,677 (57) 127,620 | |
9 | COPS – DLT Building – Other 0 1,453 1,453 | |
10 | Transportation Debt Service 45,942,881 0 45,942,881 | |
11 | Investment Receipts – Bond Funds 100,000 0 100,000 | |
12 | Total - Debt Service Payments 179,041,292 (10,979,446) 168,061,846 | |
13 | Energy Resources | |
14 | Federal Funds 397,040 282,095 679,135 | |
15 | Restricted Receipts 12,520,976 3,509,337 16,030,313 | |
16 | Total – Energy Resources 12,918,016 3,791,432 16,709,448 | |
17 | Rhode Island Health Benefits Exchange | |
18 | General Revenues 2,625,841 0 2,625,841 | |
19 | Federal Funds 1,177,039 6,763,779 7,940,818 | |
20 | Restricted Receipts 8,580,747 (2,567,501) 6,013,246 | |
21 | Total - Rhode Island Health Benefits Exchange 12,383,627 4,196,278 16,579,905 | |
22 | Construction Permitting, Approvals and Licensing | |
23 | General Revenues 1,823,455 (144,718) 1,678,737 | |
24 | Restricted Receipts 1,440,520 (61,484) 1,379,036 | |
25 | Total – Construction Permitting, Approvals and | |
26 | Licensing 3,263,975 (206,202) 3,057,773 | |
27 | Office of Diversity, Equity, and Opportunity | |
28 | General Revenues 1,294,640 (270,043) 1,024,597 | |
29 | Other Funds 92,993 (42,869) 50,124 | |
30 | Total – Office of Diversity, Equity & Opportunity 1,387,633 (312,912) 1,074,721 | |
31 | Capital Asset Management and Maintenance | |
32 | General Revenues 34,693,189 (1,139,891) 33,553,298 | |
33 | Federal Funds 1,310,071 258,673 1,568,744 | |
34 | Restricted Receipts 443,424 204,910 648,334 | |
|
| |
1 | Other Funds 4,412,913 (627,735) 3,785,178 | |
2 | Total – Capital Asset Management & | |
3 | Maintenance 40,859,597 (1,304,043) 39,555,554 | |
4 | Personnel and Operational Reforms | |
5 | General Revenues (1,966,421) 1,000,000 (966,421) | |
6 | Grand Total – Administration 391,952,283 (3,609,926) 388,342,357 | |
7 | Business Regulation | |
8 | Central Management | |
9 | General Revenues 1,325,909 (90,338) 1,235,571 | |
10 | Banking Regulation | |
11 | General Revenues 1,818,673 (256,869) 1,561,804 | |
12 | Restricted Receipts 50,000 25,000 75,000 | |
13 | Total–Banking Regulation 1,868,673 (231,869) 1,636,804 | |
14 | Securities Regulation | |
15 | General Revenues 1,079,028 (169,132) 909,896 | |
16 | Restricted Receipts 15,000 0 15,000 | |
17 | Total - Securities Regulation 1,094,028 (169,132) 924,896 | |
18 | Insurance Regulation | |
19 | General Revenues 3,993,494 (361,461) 3,632,033 | |
20 | Restricted Receipts 1,792,566 7,371 1,799,937 | |
21 | Total - Insurance Regulation 5,786,060 (354,090) 5,431,970 | |
22 | Office of the Health Insurance Commissioner | |
23 | General Revenues 1,449,061 (1,485) 1,447,576 | |
24 | Federal Funds 1,100,710 910,686 2,011,396 | |
25 | Restricted Receipts 11,500 0 11,500 | |
26 | Total – Office of the Health Insurance | |
27 | Commissioner 2,561,271 909,201 3,470,472 | |
28 | Board of Accountancy | |
29 | General Revenues 6,000 0 6,000 | |
30 | Commercial Licensing, Racing & Athletics | |
31 | General Revenues 638,207 233,895 872,102 | |
32 | Restricted Receipts 2,306,661 (410,378) 1,896,283 | |
33 | Total - Commercial Licensing, Racing & Athletics 2,944,868 (176,483) 2,768,385 | |
34 | Boards for Design Professionals | |
|
| |
1 | General Revenues 273,080 83,166 356,246 | |
2 | Grand Total - Business Regulation 15,859,889 (29,545) 15,830,344 | |
3 | Executive Office of Commerce | |
4 | Central Management | |
5 | General Revenues 1,200,198 (244,599) 955,599 | |
6 | Housing and Community Development | |
7 | General Revenues 617,205 (3,372) 613,833 | |
8 | Federal Funds 17,790,927 476,004 18,266,931 | |
9 | Restricted Receipts 4,750,000 0 4,750,000 | |
10 | Total – Housing and Community Development 23,158,132 472,632 23,630,764 | |
11 | Quasi-Public Appropriations | |
12 | General Revenues | |
13 | Rhode Island Commerce Corporation 7,394,514 40,000 7,434,514 | |
14 | Airport Impact Aid 1,025,000 0 1,025,000 | |
15 | Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be | |
16 | distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the | |
17 | total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%) | |
18 | of the first $1,000,000 shall be distributed based on the share of landings during the calendar year | |
19 | 2016 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset | |
20 | Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce | |
21 | Corporation shall make an impact payment to the towns or cities in which the airport is located | |
22 | based on this calculation. Each community upon which any parts of the above airports are located | |
23 | shall receive at least $25,000. | |
24 | STAC Research Alliance 1,150,000 0 1,150,000 | |
25 | Innovative Matching Grants/Internships 1,000,000 0 1,000,000 | |
26 | 1-195 Redevelopment District Commission 761,000 69,116 830,116 | |
27 | Chafee Center at Bryant 376,200 0 376,200 | |
28 | RI College and University Research Collaborative 150,000 0 150,000 | |
29 | Other Funds | |
30 | Rhode Island Capital Plan Funds | |
31 | I-195 Redevelopment District Commission 300,000 85,000 385,000 | |
32 | Quonset Piers 1,000,000 (600,000) 400,000 | |
33 | Total - Quasi-Public Appropriations 13,156,714 (405,884) 12,750,830 | |
34 | Economic Development Initiatives Fund | |
|
| |
1 | General Revenues | |
2 | Cluster Grants 500,000 0 500,000 | |
3 | Main Street RI Streetscape Improvements 1,000,000 0 1,000,000 | |
4 | Rebuild RI Tax Credit Fund 25,000,000 0 25,000,000 | |
5 | First Wave Closing Fund 7,000,000 1,500,000 8,500,000 | |
6 | P-Tech 1,200,000 0 1,200,000 | |
7 | Innovation Vouchers 1,500,000 0 1,500,000 | |
8 | Anchor Institution Tax Credits 700,000 (700,000) 0 | |
9 | Total - Economic Development Initiatives | |
10 | Fund 36,900,000 800,000 37,700,000 | |
11 | Commerce Programs | |
12 | General Revenues 5,000,000 (1,500,000) 3,500,000 | |
13 | Grand Total - Executive Office of Commerce 79,415,044 (877,851) 78,537,193 | |
14 | Labor and Training | |
15 | Central Management | |
16 | General Revenues 120,134 13,993 134,127 | |
17 | Restricted Receipts 529,314 323,907 853,221 | |
18 | Other Funds | |
19 | Rhode Island Capital Plan Funds | |
20 | Center General Building Roof 0 156,620 156,620 | |
21 | Center General Asset Protection 1,905,000 (1,695,000) 210,000 | |
22 | Total - Central Management 2,554,448 (1,200,480) 1,353,968 | |
23 | Workforce Development Services | |
24 | General Revenues 704,517 0 704,517 | |
25 | Federal Funds 24,121,921 9,498,556 33,620,477 | |
26 | Restricted Receipts 12,028,451 5,611,549 17,640,000 | |
27 | Other Funds 9,711 4,217,500 4,227,211 | |
28 | Total - Workforce Development Services 36,864,600 19,327,605 56,192,205 | |
29 | Workforce Regulation and Safety | |
30 | General Revenues 2,825,411 (1,006,704) 1,818,707 | |
31 | Income Support | |
32 | General Revenues 4,160,083 (168,070) 3,992,013 | |
33 | Federal Funds 14,329,659 743,149 15,072,808 | |
34 | Restricted Receipts 2,475,000 491,542 2,966,542 | |
|
| |
1 | Other Funds | |
2 | Temporary Disability Insurance Fund 186,953,678 5,794,454 192,748,132 | |
3 | Employment Security Fund 160,400,000 (1,480,000) 158,920,000 | |
4 | Other Funds 0 100,450 100,450 | |
5 | Total - Income Support 368,318,420 5,481,525 373,799,945 | |
6 | Injured Workers Services | |
7 | Restricted Receipts 8,552,358 28,039 8,580,397 | |
8 | Labor Relations Board | |
9 | General Revenues 402,491 2,058 404,549 | |
10 | Grand Total - Labor and Training 419,517,728 22,632,043 442,149,771 | |
11 | Department of Revenue | |
12 | Director of Revenue | |
13 | General Revenues 1,147,047 75,801 1,222,848 | |
14 | Office of Revenue Analysis | |
15 | General Revenues 806,836 908 807,744 | |
16 | Lottery Division | |
17 | Lottery Funds 362,367,224 7,723,824 370,091,048 | |
18 | Rhode Island Capital Plan Funds | |
19 | Lottery Building Renovations 0 119,112 119,112 | |
20 | Total – Lottery Division 362,367,224 7,842,936 370,210,160 | |
21 | Municipal Finance | |
22 | General Revenues 3,053,887 (11,588) 3,042,299 | |
23 | Provided that $600,000 of the total is to support the operations of the City of Central Falls. | |
24 | Taxation | |
25 | General Revenues 20,294,329 80,003 20,374,332 | |
26 | Federal Funds 1,343,291 1,201,384 2,544,675 | |
27 | Restricted Receipts 930,267 86,330 1,016,597 | |
28 | Other Funds | |
29 | Motor Fuel Tax Evasion 176,148 0 176,148 | |
30 | Temporary Disability Insurance 987,863 91,707 1,079,570 | |
31 | Total – Taxation 23,731,898 1,459,424 25,191,322 | |
32 | Registry of Motor Vehicles | |
33 | General Revenues 20,518,390 (198,802) 20,319,588 | |
34 | License Plate Issuance 3,150,000 (3,150,000) 0 | |
|
| |
1 | All unexpended or unencumbered balances as of June 30, 2017 relating to license plate | |
2 | reissuance are hereby re-appropriated to fiscal year 2018. | |
3 | Federal Funds 802,076 1,028,462 1,830,538 | |
4 | Restricted Receipts 4,094,763 (1,000,000) 3,094,763 | |
5 | Total - Registry of Motor Vehicles 28,565,229 (3,320,340) 25,244,889 | |
6 | State Aid | |
7 | General Revenues | |
8 | Distressed Communities Relief Fund 12,384,458 0 12,384,458 | |
9 | Payment in Lieu of Tax Exempt Properties 41,979,103 0 41,979,103 | |
10 | Motor Vehicle Excise Tax Payments 10,000,000 0 10,000,000 | |
11 | Property Revaluation Program 559,901 0 559,901 | |
12 | Municipal Aid 0 137,340 137,340 | |
13 | Restricted Receipts 922,013 0 922,013 | |
14 | Total – State Aid 65,845,475 137,340 65,982,815 | |
15 | Grand Total – Revenue 485,517,596 6,184,481 491,702,077 | |
16 | Legislature | |
17 | General Revenues 41,052,730 4,883,560 45,936,290 | |
18 | General Revenues 41,052,730 2,983,560 44,036,290 | |
19 | Restricted Receipts 1,696,572 (85,048) 1,611,524 | |
20 | Grand Total – Legislature 42,749,302 4,798,512 47,547,814 | |
21 | Grand Total – Legislature 42,749,302 2,898,512 45,647,814 | |
22 | Lieutenant Governor | |
23 | General Revenues 1,079,576 (26,288) 1,053,288 | |
24 | Secretary of State | |
25 | Administration | |
26 | General Revenues 3,539,219 (236,881) 3,302,338 | |
27 | Corporations | |
28 | General Revenues 2,192,627 (73,851) 2,118,776 | |
29 | State Archives | |
30 | General Revenues 133,721 (46,571) 87,150 | |
31 | Restricted Receipts 516,519 (101,246) 415,273 | |
32 | Other Funds | |
33 | Rhode Island Capital Plan Funds | |
34 | State Archives 100,000 50,000 150,000 | |
|
| |
1 | Total - State Archives 750,240 (97,817) 652,423 | |
2 | Elections & Civics | |
3 | General Revenues 3,377,103 (119,347) 3,257,756 | |
4 | Federal Funds 0 22,859 22,859 | |
5 | Total – Elections & Civics 3,377,103 (96,488) 3,280,615 | |
6 | State Library | |
7 | General Revenues 554,149 76,002 630,151 | |
8 | Provided that $125,000 be allocated to support the Rhode Island Historical Society | |
9 | pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the | |
10 | Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2. | |
11 | Office of Public Information | |
12 | General Revenues 484,232 40,471 524,703 | |
13 | Restricted Receipts 40,000 (15,000) 25,000 | |
14 | Total – Office of Public Information 524,232 25,471 549,703 | |
15 | Grand Total – Secretary of State 10,937,570 (403,564) 10,534,006 | |
16 | General Treasurer | |
17 | Treasury | |
18 | General Revenues 2,507,779 (12,304) 2,495,475 | |
19 | Federal Funds 328,594 (40,248) 288,346 | |
20 | Other Funds | |
21 | Temporary Disability Insurance Fund 250,410 (25,872) 224,538 | |
22 | Tuition Savings Program - Admin 300,000 124,270 424,270 | |
23 | Total – General Treasurer 3,386,783 45,846 3,432,629 | |
24 | State Retirement System | |
25 | Restricted Receipts | |
26 | Admin Expenses - State Retirement | |
27 | System 8,228,881 1,646,621 9,875,502 | |
28 | Retirement - Treasury Investment Operations 1,544,396 (230,449) 1,313,947 | |
29 | Defined Contribution – Administration 68,373 24,105 92,478 | |
30 | Total - State Retirement System 9,841,650 1,440,277 11,281,927 | |
31 | Unclaimed Property | |
32 | Restricted Receipts 22,348,728 4,177,907 26,526,635 | |
33 | Crime Victim Compensation Program | |
34 | General Revenues 228,452 9,117 237,569 | |
|
| |
1 | Federal Funds 624,287 193,175 817,462 | |
2 | Restricted Receipts 1,130,533 2,824 1,133,357 | |
3 | Total - Crime Victim Compensation Program 1,983,272 205,116 2,188,388 | |
4 | Grand Total – General Treasurer 37,560,433 5,869,146 43,429,579 | |
5 | Board of Elections | |
6 | General Revenues 1,982,707 85,969 2,068,676 | |
7 | Rhode Island Ethics Commission | |
8 | General Revenues 1,653,383 (21,773) 1,631,610 | |
9 | Office of Governor | |
10 | General Revenues 4,841,069 (7,587) 4,833,482 | |
11 | Contingency Fund 250,000 (8,000) 242,000 | |
12 | Grand Total – Office of Governor 5,091,069 (15,587) 5,075,482 | |
13 | Commission for Human Rights | |
14 | General Revenues 1,258,128 (10,525) 1,247,603 | |
15 | Federal Funds 323,295 75,110 398,405 | |
16 | Grand Total - Commission for Human Rights 1,581,423 64,585 1,646,008 | |
17 | Public Utilities Commission | |
18 | Federal Funds 104,669 23,331 128,000 | |
19 | Restricted Receipts 8,822,304 100,487 8,922,791 | |
20 | Grand Total - Public Utilities Commission 8,926,973 123,818 9,050,791 | |
21 | Office of Health and Human Services | |
22 | Central Management | |
23 | General Revenues 32,544,387 (3,877,981) 28,666,406 | |
24 | Federal Funds | |
25 | Federal Funds 109,882,888 37,250 109,920,138 | |
26 | Federal Funds – Stimulus 100,085 (100,085) 0 | |
27 | Restricted Receipts 3,914,402 2,285,690 6,200,092 | |
28 | Total – Central Management 146,441,762 (1,655,126) 144,786,636 | |
29 | Medical Assistance | |
30 | General Revenues | |
31 | Managed Care 294,797,721 11,785,938 306,583,659 | |
32 | Hospitals 94,223,146 1,329,512 95,552,658 | |
33 | Nursing Facilities 87,653,283 5,939,367 93,592,650 | |
34 | Home and Community Based Services 33,104,210 (6,328,360) 26,775,850 | |
|
| |
1 | Other Services 45,710,484 6,659,421 52,369,905 | |
2 | Pharmacy 57,379,065 1,261,643 58,640,708 | |
3 | Rhody Health 291,574,716 (3,782,600) 287,792,116 | |
4 | Federal Funds | |
5 | Managed Care 353,210,935 17,955,406 371,166,341 | |
6 | Hospitals 107,062,817 (8,066,559) 98,996,258 | |
7 | Nursing Facilities 97,557,413 (650,063) 96,907,350 | |
8 | Home and Community Based Services 34,286,903 (6,562,753) 27,724,150 | |
9 | Other Services 429,645,177 80,069,918 509,715,095 | |
10 | Pharmacy (1,111,840) 61,125 (1,050,715) | |
11 | Rhody Health 298,041,793 (1,633,909) 296,407,884 | |
12 | Other Programs Special Education 19,000,000 7,300,000 26,300,000 | |
13 | Restricted Receipts 9,615,000 0 9,615,000 | |
14 | Total - Medical Assistance 2,251,750,823 105,338,086 2,357,088,909 | |
15 | Grand Total – Office of Health | |
16 | and Human Services 2,398,192,585 103,682,960 2,501,875,545 | |
17 | Children, Youth, and Families | |
18 | Central Management | |
19 | General Revenues 7,074,378 (561,738) 6,512,640 | |
20 | Federal Funds 2,808,145 (273,097) 2,535,048 | |
21 | Total - Central Management 9,882,523 (834,835) 9,047,688 | |
22 | Children's Behavioral Health Services | |
23 | General Revenues 5,004,800 192,692 5,197,492 | |
24 | Federal Funds 4,828,525 2,091,512 6,920,037 | |
25 | Other Funds | |
26 | Rhode Island Capital Plan Funds | |
27 | NAFI Center 0 40,857 40,857 | |
28 | Various Repairs and Improvements to Training | |
29 | School 250,000 (207,184) 42,816 | |
30 | Total - Children's Behavioral Health Services 10,083,325 2,117,877 12,201,202 | |
31 | Juvenile Correctional Services | |
32 | General Revenues 24,927,098 (2,357,670) 22,569,428 | |
33 | Federal Funds 281,367 (1,977) 279,390 | |
34 | Restricted Receipts 0 38,700 38,700 | |
|
| |
1 | Other Funds | |
2 | Rhode Island Capital Plan Funds | |
3 | Generators-RITS 0 50,000 50,000 | |
4 | Total - Juvenile Correctional Services 25,208,465 (2,270,947) 22,937,518 | |
5 | Child Welfare | |
6 | General Revenues 114,567,488 (10,396,823) 104,170,665 | |
7 | 18 to 21 Year Olds 0 17,646,106 17,646,106 | |
8 | Federal Funds | |
9 | Federal Funds 52,104,852 (8,333,392) 43,771,460 | |
10 | 18 to 21 Year Olds 0 3,295,085 3,295,085 | |
11 | Federal Funds – Stimulus 386,594 (386,594) 0 | |
12 | Restricted Receipts 3,466,576 (280,503) 3,186,073 | |
13 | Other Funds | |
14 | Rhode Island Capital Plan Funds | |
15 | Youth Group Homes - Fire Code Upgrades 590,000 (590,000) 0 | |
16 | Total - Child Welfare 171,115,510 953,879 172,069,389 | |
17 | Higher Education Incentive Grants | |
18 | General Revenues 200,000 0 200,000 | |
19 | Grand Total - Children, Youth, & Families 216,489,823 (34,026) 216,455,797 | |
20 | Health | |
21 | Central Management | |
22 | General Revenues 0 100,000 100,000 | |
23 | Federal Funds 808,064 (40,501) 767,563 | |
24 | Restricted Receipts 4,043,053 233,523 4,276,576 | |
25 | Total - Central Management 4,851,117 293,022 5,144,139 | |
26 | Community Health and Equity | |
27 | General Revenues 1,530,102 3,315 1,533,417 | |
28 | Federal Funds 74,019,207 (1,955,235) 72,063,972 | |
29 | Restricted Receipts 30,434,862 4,052,650 34,487,512 | |
30 | Total – Community Health and Equity 105,984,171 2,100,730 108,084,901 | |
31 | Environmental Health | |
32 | General Revenues 5,169,143 (135,761) 5,033,382 | |
33 | Federal Funds 6,148,955 1,263,125 7,412,080 | |
|
| |
1 | Restricted Receipts 386,415 (216,308) 170,107 | |
2 | Total - Environmental Health 11,704,513 911,056 12,615,569 | |
3 | Health Laboratories and Medical Examiner | |
4 | General Revenues 10,028,498 (34,550) 9,993,948 | |
5 | Federal Funds 2,129,140 18,869 2,148,009 | |
6 | Total - Health Laboratories & | |
7 | Medical Examiner 12,157,638 (15,681) 12,141,957 | |
8 | Customer Services | |
9 | General Revenues 6,363,621 (52,808) 6,310,813 | |
10 | Federal Funds 3,491,908 772,327 4,264,235 | |
11 | Restricted Receipts 1,142,254 125,479 1,267,733 | |
12 | Total – Customer Services 10,997,783 844,998 11,842,781 | |
13 | Policy, Information and Communications | |
14 | General Revenues 937,935 (279,707) 658,228 | |
15 | Federal Funds 1,629,319 417,348 2,046,667 | |
16 | Restricted Receipts 581,225 61,242 642,467 | |
17 | Total – Policy, Information and | |
18 | Communications 3,148,479 198,883 3,347,362 | |
19 | Preparedness, Response, Infectious Disease & Emergency Services | |
20 | General Revenues 1,902,523 (33,076) 1,869,447 | |
21 | Federal Funds 12,138,428 2,747,331 14,885,759 | |
22 | Total – Preparedness, Response, Infectious | |
23 | Disease & Emergency Services 14,040,951 2,714,255 16,755,206 | |
24 | Grand Total – Health 162,884,652 7,047,263 169,931,915 | |
25 | Human Services | |
26 | Central Management | |
27 | General Revenues 4,332,023 (1,012,389) 3,319,634 | |
28 | Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide | |
29 | direct services through the Coalition Against Domestic Violence, $250,000 is to support Project | |
30 | Reach activities provided by the RI Alliance of Boys and Girls Club, $217,000 is for outreach and | |
31 | supportive services through Day One, $175,000 is for food collection and distribution through the | |
32 | Rhode Island Community Food Bank, $300,000 for services provided to the homeless at Crossroads | |
33 | Rhode Island and $200,000 is to support the Institute for the Study and Practice of Nonviolence’s | |
34 | Violence Reduction Strategy. | |
|
| |
1 | Community Action Fund 520,000 0 520,000 | |
2 | This amount shall be used to provide services to individuals and families through the nine | |
3 | community action agencies. | |
4 | Federal Funds 4,155,192 (216,316) 3,938,876 | |
5 | Restricted Receipts 520,844 468,207 989,051 | |
6 | Total - Central Management 9,528,059 (760,498) 8,767,561 | |
7 | Child Support Enforcement | |
8 | General Revenues 3,314,623 (845,961) 2,468,662 | |
9 | Federal Funds 6,207,167 778,764 6,985,931 | |
10 | Total – Child Support Enforcement 9,521,790 (67,197) 9,454,593 | |
11 | Individual and Family Support | |
12 | General Revenues 18,876,650 3,249,548 22,126,198 | |
13 | Federal Funds 83,381,849 19,589,160 102,971,009 | |
14 | Federal Funds – Stimulus 1,625,839 2,234,952 3,860,791 | |
15 | Restricted Receipts 394,399 131,251 525,650 | |
16 | Other Funds | |
17 | Intermodal Surface Transportation Fund 4,428,478 0 4,428,478 | |
18 | Food Stamp Bonus Funding 500,000 (89,466) 410,534 | |
19 | Rhode Island Capital Plan Funds | |
20 | Blind Vending Facilities 165,000 0 165,000 | |
21 | Total - Individual and Family Support 109,372,215 25,115,445 134,487,660 | |
22 | Office of Veterans' Affairs | |
23 | General Revenues 20,504,694 (886,579) 19,618,115 | |
24 | Support services through Veterans’ | |
25 | Organizations 200,000 0 200,000 | |
26 | Federal Funds 19,268,534 38,818,310 58,086,844 | |
27 | Restricted Receipts 676,499 1,132,526 1,809,025 | |
28 | Total – Office of Veterans' Affairs 40,649,727 39,064,257 79,713,984 | |
29 | Health Care Eligibility | |
30 | General Revenues 8,527,641 (1,832,835) 6,694,806 | |
31 | Federal Funds 10,650,014 (982,165) 9,667,849 | |
32 | Total - Health Care Eligibility 19,177,655 (2,815,000) 16,362,655 | |
33 | Supplemental Security Income Program | |
34 | General Revenues 18,496,913 418,750 18,915,663 | |
|
| |
1 | Rhode Island Works | |
2 | General Revenues 14,747,241 (4,886,622) 9,860,619 | |
3 | Federal Funds 78,203,704 4,344,690 82,548,394 | |
4 | Total – Rhode Island Works 92,950,945 (541,932) 92,409,013 | |
5 | State Funded Other Programs | |
6 | General Revenues 1,582,800 (11,097) 1,571,703 | |
7 | Of this appropriation, $210,000 $180,000 shall be used for hardship contingency payments. | |
8 | Federal Funds 282,085,000 (24,569) 282,060,431 | |
9 | Total - State Funded Other Programs 283,667,800 (35,666) 283,632,134 | |
10 | Elderly Affairs | |
11 | General Revenues 5,477,200 (53,536) 5,423,664 | |
12 | Of this amount, $140,000 is to provide elder services, including respite, through the | |
13 | Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term | |
14 | Care in accordance with RIGL 42-66.7 and $85,000 for security for housing for the elderly in | |
15 | accordance with RIGL 42-66.1-3. | |
16 | Senior Center Support 400,000 0 400,000 | |
17 | Elderly Nutrition 580,000 0 580,000 | |
18 | Of this amount, $530,000 is for Meals on Wheels. | |
19 | RIPAE 75,229 (75,229) 0 | |
20 | Care and Safety of the Elderly 1,300 0 1,300 | |
21 | Federal Funds 12,067,597 646,413 12,714,010 | |
22 | Restricted Receipts - RIPAE 120,693 370 121,063 | |
23 | Total – Elderly Affairs 18,722,019 518,018 19,240,037 | |
24 | Grand Total - Human Services 602,087,123 60,896,177 662,983,300 | |
25 | Behavioral Healthcare, Developmental Disabilities, and Hospitals | |
26 | Central Management | |
27 | General Revenues 1,097,743 545,280 1,643,023 | |
28 | Federal Funds 597,685 (597,685) 0 | |
29 | Total - Central Management 1,695,428 (52,405) 1,643,023 | |
30 | Hospital and Community System Support | |
31 | General Revenues 1,474,964 575,071 2,050,035 | |
32 | Federal Funds 789,226 (789,226) 0 | |
33 | Other Funds | |
34 | Rhode Island Capital Plan Funds | |
|
| |
1 | Medical Center Rehabilitation 250,000 2,204 252,204 | |
2 | Community Facilities Fire Code 400,000 (357,800) 42,200 | |
3 | Total - Hospital & Community System Support 2,914,190 (569,751) 2,344,439 | |
4 | Services for the Developmentally Disabled | |
5 | General Revenues 119,651,536 2,159,931 121,811,467 | |
6 | Of this general revenue funding, $4.5 million shall be expended on private provider direct | |
7 | support staff raises and associated payroll costs to include targeted increases associated with | |
8 | performance-based contracting and system transformation incentives as authorized by the | |
9 | Department of Behavioral Healthcare, Developmental Disabilities and Hospitals. Any increases | |
10 | for direct support staff in residential or other community based settings must first receive the | |
11 | approval of the Office of Management and Budget and the Executive Office of Health and Human | |
12 | Services. Final approval of any funding re-design for services through the Division of | |
13 | Developmental Disabilities is also subject to approval of the Executive Office and the Office of | |
14 | Management and Budget. | |
15 | Federal Funds 124,135,783 1,123,253 125,259,036 | |
16 | Restricted Receipts 1,755,100 117,460 1,872,560 | |
17 | Other Funds | |
18 | Rhode Island Capital Plan Funds | |
19 | DD Private Waiver 200,000 9,544 209,544 | |
20 | MR Community Facilities/Access to Ind. 500,000 0 500,000 | |
21 | Regional Center Repair/Rehab 0 474,363 474,363 | |
22 | Total - Services for the Developmentally | |
23 | Disabled 246,242,419 3,884,551 250,126,970 | |
24 | Behavioral Healthcare Services | |
25 | General Revenues 2,015,777 202,627 2,218,404 | |
26 | Federal Funds 17,235,690 3,976,945 21,212,635 | |
27 | Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse | |
28 | Task Forces and $128,000 shall be expended on NAMI of RI. | |
29 | Restricted Receipts 100,000 0 100,000 | |
30 | Other Funds | |
31 | Rhode Island Capital Plan Funds | |
32 | MH Community Facilities Repair 200,000 0 200,000 | |
33 | MH Housing Development Thresholds 800,000 0 800,000 | |
34 | Substance Abuse Asset Protection 100,000 62,223 162,223 | |
|
| |
1 | Total – Behavioral Healthcare Services 20,451,467 4,241,795 24,693,262 | |
2 | Hospital and Community Rehabilitative Services | |
3 | General Revenues 48,944,219 1,250,759 50,194,978 | |
4 | Federal Funds 50,280,372 2,299,930 52,580,302 | |
5 | Restricted Receipts 6,580,724 (44,129) 6,536,595 | |
6 | Other Funds | |
7 | Rhode Island Capital Plan Funds | |
8 | Zambarano Buildings and Utilities 386,000 (186,000) 200,000 | |
9 | Hospital Consolidation 1,000,000 (1,000,000) 0 | |
10 | Eleanor Slater HVAC/Elevators 5,837,736 (315,706) 5,522,030 | |
11 | MR Community Facilities 1,000,000 59,429 1,059,429 | |
12 | Hospital Equipment 300,000 (50,000) 250,000 | |
13 | Total - Hospital and Community Rehabilitative | |
14 | Services 114,329,051 2,014,283 116,343,334 | |
15 | Grand Total – Behavioral Healthcare, | |
16 | Developmental Disabilities, and | |
17 | Hospitals 385,632,555 9,518,473 395,151,028 | |
18 | Office of the Child Advocate | |
19 | General Revenues 650,582 (105,041) 545,541 | |
20 | Federal Funds 145,000 (386) 144,614 | |
21 | Grand Total – Office of the Child Advocate 795,582 (105,427) 690,155 | |
22 | Commission on the Deaf and Hard of Hearing | |
23 | General Revenues 477,746 (42,096) 435,650 | |
24 | Restricted Receipts 110,000 20,000 130,000 | |
25 | Grand Total – Com on Deaf and Hard | |
26 | of Hearing 587,746 (22,096) 565,650 | |
27 | Governor's Commission on Disabilities | |
28 | General Revenues 412,547 8,049 420,596 | |
29 | Federal Funds 228,750 69,314 298,064 | |
30 | Restricted Receipts 44,126 15,234 59,360 | |
31 | Grand Total - Governor's Commission on | |
32 | Disabilities 685,423 92,597 778,020 | |
33 | Office of the Mental Health Advocate | |
34 | General Revenues 542,009 7,264 549,273 | |
|
| |
1 | Elementary and Secondary Education | |
2 | Administration of the Comprehensive Education Strategy | |
3 | General Revenues 20,555,594 (349,851) 20,205,743 | |
4 | Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s | |
5 | Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $245,000 be allocated to | |
6 | support child opportunity zones through agreements with the department of elementary and | |
7 | secondary education to strengthen education, health and social services for students and their | |
8 | families as a strategy to accelerate student achievement. | |
9 | Federal Funds | |
10 | Federal Funds 202,791,134 (918,097) 201,873,037 | |
11 | Federal Funds – Stimulus 1,804,987 2,188,102 3,993,089 | |
12 | Restricted Receipts 1,264,259 165,727 1,429,986 | |
13 | HRIC Adult Education Grants 3,500,000 0 3,500,000 | |
14 | Other Funds | |
15 | Rhode Island Capital Plan Funds | |
16 | State-Owned Warwick 350,000 0 350,000 | |
17 | State-Owned Woonsocket 1,950,000 0 1,950,000 | |
18 | Total – Administration of the Comprehensive | |
19 | Education Strategy 232,215,974 1,085,881 233,301,855 | |
20 | Davies Career and Technical School | |
21 | General Revenues 12,590,093 0 12,590,093 | |
22 | Federal Funds 1,379,112 75,891 1,455,003 | |
23 | Restricted Receipts 3,936,872 (4,200) 3,932,672 | |
24 | Other Funds | |
25 | Rhode Island Capital Plan Funds | |
26 | Davies HVAC 500,000 (476,192) 23,808 | |
27 | Davies Asset Protection 150,000 327,911 477,911 | |
28 | Total - Davies Career & Technical School 18,556,077 (76,590) 18,479,487 | |
29 | RI School for the Deaf | |
30 | General Revenues 6,326,744 (137,533) 6,189,211 | |
31 | Federal Funds 254,320 0 254,320 | |
32 | Restricted Receipts 785,791 (8,000) 777,791 | |
33 | Other Funds | |
34 | RI School for the Deaf Transformation Grants 59,000 0 59,000 | |
|
| |
1 | Total - RI School for the Deaf 7,425,855 (145,533) 7,280,322 | |
2 | Metropolitan Career and Technical School | |
3 | General Revenues 9,342,007 0 9,342,007 | |
4 | Other Funds | |
5 | Rhode Island Capital Plan Funds | |
6 | MET Asset Protection 100,000 100,000 200,000 | |
7 | MET School HVAC 1,000,000 (41,004) 958,996 | |
8 | Total – Metropolitan Career and | |
9 | Technical School 10,442,007 58,996 10,501,003 | |
10 | Education Aid | |
11 | General Revenues 845,855,695 (256,966) 845,598,729 | |
12 | Restricted Receipts 20,700,072 155,254 20,855,326 | |
13 | Other Funds | |
14 | Permanent School Fund Education Aid 600,000 (100,000) 500,000 | |
15 | Total – Education Aid 867,155,767 (201,712) 866,954,055 | |
16 | Central Falls School District | |
17 | General Revenues 39,100,578 0 39,100,578 | |
18 | School Construction Aid | |
19 | General Revenues | |
20 | School Housing Aid 70,907,110 (2,015,552) 68,891,558 | |
21 | School Building Authority Capital Fund 9,092,890 2,015,552 11,108,442 | |
22 | Total – School Construction Aid 80,000,000 0 80,000,000 | |
23 | Teachers' Retirement | |
24 | General Revenues 99,076,582 1,145,659 100,222,241 | |
25 | Grand Total - Elementary and Secondary | |
26 | Education 1,353,972,840 1,866,701 1,355,839,541 | |
27 | Public Higher Education | |
28 | Office of Postsecondary Commissioner | |
29 | General Revenues 6,298,407 (130,522) 6,167,885 | |
30 | Provided that $355,000 shall be allocated to Rhode Island Children’s College Crusade | |
31 | pursuant to Rhode Island General Law, Section 16-70-5 and that $30,000 shall be allocated to Best | |
32 | Buddies Rhode Island to support its programs for children with developmental and intellectual | |
33 | disabilities. | |
34 | Appropriations to the Office of Postsecondary Commissioner of seven hundred and fifty | |
|
| |
1 | thousand ($750,000) are to be used for the Westerly Higher Education and Industry Center. Funds | |
2 | shall only be spent to secure a long-term lease of the facility. | |
3 | Federal Funds | |
4 | Federal Funds 9,445,218 521,753 9,966,971 | |
5 | WaytogoRI Portal 863,629 48,754 912,383 | |
6 | Guaranty Agency Operating Fund - | |
7 | Scholarships and Grants 4,000,000 0 4,000,000 | |
8 | Restricted Receipts 361,925 494,848 856,773 | |
9 | Other Funds | |
10 | Tuition Savings Program – Dual Enrollment 1,300,000 0 1,300,000 | |
11 | Tuitions Savings Program – Scholarships/Grants 6,095,000 0 6,095,000 | |
12 | Nursing Education Center - Operating 0 1,106,666 1,106,666 | |
13 | Rhode Island Capital Plan Funds | |
14 | Westerly Campus 2,000,000 0 2,000,000 | |
15 | Total – Office of the Postsecondary | |
16 | Commissioner 30,364,179 2,041,499 32,405,678 | |
17 | University of Rhode Island | |
18 | General Revenues | |
19 | General Revenues 75,616,226 0 75,616,226 | |
20 | Provided that in order to leverage federal funding and support economic development, | |
21 | $250,000 shall be allocated to the Small Business Development Center and $250,000 shall be | |
22 | allocated to the Polaris Manufacturing Extension Program, and that $50,000 shall be allocated to | |
23 | Special Olympics Rhode Island to support its mission of providing athletic opportunities for | |
24 | individuals with intellectual and developmental disabilities. | |
25 | The University shall not decrease internal student financial aid in the 2016 – 2017 academic | |
26 | year below the level of the 2015 – 2016 academic year. The President of the institution shall report, | |
27 | prior to the commencement of the 2016-2017 academic year, to the chair of the Council of | |
28 | Postsecondary Education that such tuition charges and student aid levels have been achieved at the | |
29 | start of the FY 2017 as prescribed above. | |
30 | Debt Service 13,182,679 2,303,038 15,485,717 | |
31 | RI State Forensics Lab 1,071,393 0 1,071,393 | |
32 | Other Funds | |
33 | University and College Funds 649,629,440 (18,701,995) 630,927,445 | |
34 | Debt – Dining Services 1,106,597 0 1,106,597 | |
|
| |
1 | Debt – Education and General 3,786,661 (189,456) 3,597,205 | |
2 | Debt – Health Services 146,167 0 146,167 | |
3 | Debt – Housing Loan Funds 11,751,883 (1,147,285) 10,604,598 | |
4 | Debt – Memorial Union 319,976 0 319,976 | |
5 | Debt – Ryan Center 2,789,719 0 2,789,719 | |
6 | Debt – Alton Jones Services 102,946 0 102,946 | |
7 | Debt - Parking Authority 1,042,907 0 1,042,907 | |
8 | Debt – Sponsored Research 85,105 (192) 84,913 | |
9 | Debt – Restricted Energy Conservation 810,170 (205,088) 605,082 | |
10 | Debt – URI Energy Conservation 2,021,187 (51,187) 1,970,000 | |
11 | Rhode Island Capital Asset Plan Funds | |
12 | Asset Protection 13,556,000 0 13,556,000 | |
13 | URI Shepard Building Upgrades 95,000 (95,000) 0 | |
14 | URI/RIC Nursing Education Center 200,000 101,859 301,859 | |
15 | White Hall Renovations 0 419,130 419,130 | |
16 | URI Electrical Substation 0 1,382,650 1,382,650 | |
17 | URI Biotech Center 0 156,439 156,439 | |
18 | URI Fire Safety 0 2,552,968 2,552,968 | |
19 | Total – University of Rhode Island 777,314,056 (13,474,119) 763,839,937 | |
20 | Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or | |
21 | unencumbered balances as of June 30, 2016 2017 relating to the University of Rhode Island are | |
22 | hereby reappropriated to fiscal year 2017 2018. | |
23 | Rhode Island College | |
24 | General Revenues | |
25 | General Revenues 46,996,330 0 46,996,330 | |
26 | Rhode Island College shall not decrease internal student financial aid in the 2016 – 2017 | |
27 | academic year below the level of the 2015 – 2016 academic year. The President of the institution | |
28 | shall report, prior to the commencement of the 2016 – 2017 academic year, to the chair of the | |
29 | Council of Postsecondary Education that such tuition charges and student aid levels have been | |
30 | achieved at the start of FY 2017 as prescribed above. | |
31 | Debt Service 2,565,254 (55,863) 2,509,391 | |
32 | Other Funds | |
33 | University and College Funds 125,192,812 (4,999,717) 120,193,095 | |
34 | Debt – Education and General 880,568 256,275 1,136,843 | |
|
| |
1 | Debt – Housing 368,195 1 368,196 | |
2 | Debt – Student Center and Dining 154,068 0 154,068 | |
3 | Debt – Student Union 235,656 0 235,656 | |
4 | Debt – G.O. Debt Service 1,644,459 (3,000) 1,641,459 | |
5 | Debt – Energy Conservation 256,275 0 256,275 | |
6 | Rhode Island Capital Plan Funds | |
7 | Asset Protection 5,357,700 482,417 5,840,117 | |
8 | Infrastructure Modernization 3,000,000 (245,299) 2,754,701 | |
9 | Total – Rhode Island College 186,651,317 (4,565,186) 182,086,131 | |
10 | Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or | |
11 | unencumbered balances as of June 30, 2016 2017 relating to Rhode Island College are hereby | |
12 | reappropriated to fiscal year 2017 2018. | |
13 | Community College of Rhode Island | |
14 | General Revenues | |
15 | General Revenues 48,936,035 0 48,936,035 | |
16 | The Community College of Rhode Island shall not decrease internal student financial aid | |
17 | in the 2016 – 2017 academic year below the level of the 2015-2016 academic year. The President | |
18 | of the institution shall report, prior to the commencement of the 2016 – 2017 academic year, to the | |
19 | chair of the Council of Postsecondary Education that such tuition charges and student aid levels | |
20 | have been achieved at the start of FY 2017 as prescribed above. | |
21 | Debt Service 1,691,204 (47,755) 1,643,449 | |
22 | Restricted Receipts 660,795 0 660,795 | |
23 | Other Funds | |
24 | University and College Funds 107,824,292 (11,234,777) 96,589,515 | |
25 | CCRI Debt Service – Energy Conservation 807,225 0 807,225 | |
26 | Rhode Island Capital Plan Funds | |
27 | Asset Protection 3,032,100 0 3,032,100 | |
28 | Knight Campus Renewal 4,000,000 1,223,902 5,223,902 | |
29 | Total – Community College of RI 166,951,651 (10,058,630) 156,893,021 | |
30 | Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or | |
31 | unencumbered balances as of June 30, 2016 2017 relating to the Community College of Rhode | |
32 | Island are hereby reappropriated to fiscal year 2017 2018. | |
33 | Grand Total – Public Higher Education 1,161,281,203 (26,056,436) 1,135,224,767 | |
34 | RI State Council on the Arts | |
|
| |
1 | General Revenues | |
2 | Operating Support 786,884 (45,516) 741,368 | |
3 | Grants 1,165,000 0 1,165,000 | |
4 | Provided that $375,000 be provided to support the operational costs of WaterFire | |
5 | Providence art installations. | |
6 | Federal Funds 775,454 11,274 786,728 | |
7 | Restricted Receipts 0 25,000 25,000 | |
8 | Other Funds 303,200 677,500 980,700 | |
9 | Grand Total - RI State Council on the Arts 3,030,538 668,258 3,698,796 | |
10 | RI Atomic Energy Commission | |
11 | General Revenues 981,100 (1,418) 979,682 | |
12 | Federal Funds 32,422 196,441 228,863 | |
13 | Other Funds | |
14 | URI Sponsored Research 269,527 1,072 270,599 | |
15 | Rhode Island Capital Plan Funds | |
16 | RINSC Asset Protection 50,000 9,895 59,895 | |
17 | Grand Total - RI Atomic Energy | |
18 | Commission 1,333,049 205,990 1,539,039 | |
19 | RI Historical Preservation and Heritage Commission | |
20 | General Revenues 1,202,559 (40,558) 1,162,001 | |
21 | Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration | |
22 | activities. | |
23 | Federal Funds 1,093,966 453,062 1,547,028 | |
24 | Restricted Receipts 427,175 2,025 429,200 | |
25 | Other Funds | |
26 | RIDOT – Project Review 79,998 (144) 79,854 | |
27 | Grand Total – RI Historical Preservation | |
28 | and Heritage Commission 2,803,698 414,385 3,218,083 | |
29 | Attorney General | |
30 | Criminal | |
31 | General Revenues 15,675,925 64,619 15,740,544 | |
32 | Federal Funds 1,692,545 17,062,752 18,755,297 | |
33 | Restricted Receipts 6,637,954 (6,480,312) 157,642 | |
34 | Total – Criminal 24,006,424 10,647,059 34,653,483 | |
|
| |
1 | Civil | |
2 | General Revenues 5,135,543 398,036 5,533,579 | |
3 | Restricted Receipts 916,302 (313,433) 602,869 | |
4 | Total – Civil 6,051,845 84,603 6,136,448 | |
5 | Bureau of Criminal Identification | |
6 | General Revenues 1,758,215 (177,526) 1,580,689 | |
7 | General | |
8 | General Revenues 3,026,299 1,039 3,027,338 | |
9 | Other Funds | |
10 | Rhode Island Capital Plan Funds | |
11 | Building Renovations and Repairs 300,000 (132,470) 167,530 | |
12 | Total – General 3,326,299 (131,431) 3,194,868 | |
13 | Grand Total - Attorney General 35,142,783 10,422,705 45,565,488 | |
14 | Corrections | |
15 | Central Management | |
16 | General Revenues 10,179,627 (81,130) 10,098,497 | |
17 | Federal Funds 0 59,219 59,219 | |
18 | Total – Central Management 10,179,627 (21,911) 10,157,716 | |
19 | Parole Board | |
20 | General Revenues 1,338,481 82,301 1,420,782 | |
21 | Federal Funds 14,006 96,978 110,984 | |
22 | Total – Parole Board 1,352,487 179,279 1,531,766 | |
23 | Custody and Security | |
24 | General Revenues 133,857,240 2,409,629 136,266,869 | |
25 | Federal Funds 571,759 338,831 910,590 | |
26 | Total – Custody and Security 134,428,999 2,748,460 137,177,459 | |
27 | Institutional Support | |
28 | General Revenues 15,822,911 (1,393,133) 14,429,778 | |
29 | Other Funds | |
30 | Rhode Island Capital Plan Funds | |
31 | Asset Protection 3,750,000 (462,031) 3,287,969 | |
32 | Maximum – General Renovations 1,300,000 (475,747) 824,253 | |
33 | New Gloria McDonald 150,000 (148,867) 1,133 | |
34 | Dix Building Renovations 750,000 (438,934) 311,066 | |
|
| |
1 | ISC Exterior Envelope and HVAC 1,700,000 (1,700,000) 0 | |
2 | Medium Infrastructure 4,000,000 (3,565,000) 435,000 | |
3 | Correctional Facilities Study 250,000 0 250,000 | |
4 | Total - Institutional Support 27,722,911 (8,183,712) 19,539,199 | |
5 | Institutional Based Rehab/Population Management | |
6 | General Revenues 11,599,533 114,039 11,713,572 | |
7 | Federal Funds 527,398 216,485 743,883 | |
8 | Restricted Receipts 44,023 0 44,023 | |
9 | Total – Institutional Based Rehab/Pop/Mgt. 12,170,954 330,524 12,501,478 | |
10 | Healthcare Services | |
11 | General Revenues 21,909,573 755,829 22,665,402 | |
12 | Community Corrections | |
13 | General Revenues 16,993,141 39,329 17,032,470 | |
14 | Provided that $250,000 be allocated to Crossroads Rhode Island for sex offender discharge | |
15 | planning. | |
16 | Federal Funds 16,845 78,049 94,894 | |
17 | Restricted Receipts 16,118 1,195 17,313 | |
18 | Total – Community Corrections 17,026,104 118,573 17,144,677 | |
19 | Grand Total – Corrections 224,790,655 (4,072,958) 220,717,697 | |
20 | Judiciary | |
21 | Supreme Court | |
22 | General Revenues | |
23 | General Revenues 27,510,065 922,853 28,432,918 | |
24 | Provided however, that no more than $1,056,438 in combined total shall be offset to the | |
25 | Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the | |
26 | Department of Children Youth and Families, and the Department of Public Safety for square- | |
27 | footage occupancy costs in public courthouses and further provided that $230,000 be allocated to | |
28 | the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy | |
29 | project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to | |
30 | Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals. | |
31 | Defense of Indigents 3,784,406 18,760 3,803,166 | |
32 | Federal Funds 128,933 (6,590) 122,343 | |
33 | Restricted Receipts 3,076,384 1,625,945 4,702,329 | |
34 | Other Funds | |
|
| |
1 | Rhode Island Capital Plan Funds | |
2 | Judicial HVAC 900,000 180,072 1,080,072 | |
3 | Judicial Complexes Asset Protection 875,000 (6,386) 868,614 | |
4 | Licht Judicial Complex Restoration 750,000 0 750,000 | |
5 | Noel Shelled Courtroom Build Out 3,000,000 (1,244,930) 1,755,070 | |
6 | Total - Supreme Court 40,024,788 1,489,724 41,514,512 | |
7 | Judicial Tenure and Discipline | |
8 | General Revenues 124,865 (376) 124,489 | |
9 | Superior Court | |
10 | General Revenues 22,807,060 85,630 22,892,690 | |
11 | Federal Funds 51,290 48,968 100,258 | |
12 | Restricted Receipts 371,741 (1,188) 370,553 | |
13 | Total - Superior Court 23,230,091 133,410 23,363,501 | |
14 | Family Court | |
15 | General Revenues 21,495,610 (1,052,179) 20,443,431 | |
16 | Federal Funds 2,770,714 502,407 3,273,121 | |
17 | Total - Family Court 24,266,324 (549,772) 23,716,552 | |
18 | District Court | |
19 | General Revenues 11,865,905 561,999 12,427,904 | |
20 | Federal Funds 303,154 149,453 452,607 | |
21 | Restricted Receipts 138,045 (71,686) 66,359 | |
22 | Total - District Court 12,307,104 639,766 12,946,870 | |
23 | Traffic Tribunal | |
24 | General Revenues 9,018,180 (75,188) 8,942,992 | |
25 | Workers' Compensation Court | |
26 | Restricted Receipts 8,096,017 (84,731) 8,011,286 | |
27 | Grand Total – Judiciary 117,067,369 1,552,833 118,620,202 | |
28 | Military Staff | |
29 | General Revenues 2,659,719 (83,378) 2,576,341 | |
30 | Federal Funds 17,497,797 (417,684) 17,080,113 | |
31 | Restricted Receipts | |
32 | RI Military Family Relief Fund 300,000 (200,000) 100,000 | |
33 | Counter Drug Asset Forfeiture 37,300 (37,300) 0 | |
34 | Other Funds | |
|
| |
1 | Rhode Island Capital Plan Funds | |
2 | Armory of Mounted Command Roof Replacement 357,500 (224,775) 132,725 | |
3 | Asset Protection 700,000 108,202 808,202 | |
4 | Benefit Street Arsenal Rehabilitation 0 37,564 37,564 | |
5 | Bristol Readiness Center 125,000 (125,000) 0 | |
6 | Joint Force Headquarters Building 1,500,000 (1,425,000) 75,000 | |
7 | Grand Total – Military Staff 23,177,316 (2,367,371) 20,809,945 | |
8 | Public Safety | |
9 | Central Management | |
10 | General Revenues 1,407,618 (285,197) 1,122,421 | |
11 | Federal Funds 5,398,633 2,845,956 8,244,589 | |
12 | Total – Central Management 6,806,251 2,560,759 9,367,010 | |
13 | E-911 Emergency Telephone System | |
14 | General Revenues 5,699,440 (215,576) 5,483,864 | |
15 | State Fire Marshal | |
16 | General Revenues 3,248,953 157,360 3,406,313 | |
17 | Federal Funds 425,169 (6,263) 418,906 | |
18 | Restricted Receipts 195,472 114,157 309,629 | |
19 | Other Funds | |
20 | Quonset Development Corp 62,294 (8,781) 53,513 | |
21 | Rhode Island Capital Plan Funds | |
22 | Fire Academy 1,215,000 1,629,189 2,844,189 | |
23 | Total - State Fire Marshal 5,146,888 1,885,662 7,032,550 | |
24 | Security Services | |
25 | General Revenues 23,162,912 314,561 23,477,473 | |
26 | Municipal Police Training Academy | |
27 | General Revenues 263,746 (965) 262,781 | |
28 | Federal Funds 222,395 115,945 338,340 | |
29 | Total - Municipal Police Training Academy 486,141 114,980 601,121 | |
30 | State Police | |
31 | General Revenues 65,659,479 923,508 66,582,987 | |
32 | Federal Funds 3,246,194 19,929,465 23,175,659 | |
33 | Restricted Receipts 4,256,598 (4,094,052) 162,546 | |
34 | Other Funds | |
|
| |
1 | Lottery Commission Assistance 1,611,348 (501,155) 1,110,193 | |
2 | Airport Commission Assistance 212,221 (62,221) 150,000 | |
3 | Road Construction Reimbursement 2,934,672 0 2,934,672 | |
4 | Weight & Measurement Reimbursement 0 440,000 440,000 | |
5 | Rhode Island Capital Plan Funds | |
6 | DPS Asset Protection 250,000 410,479 660,479 | |
7 | Wickford Barracks Renovation 500,000 (500,000) 0 | |
8 | Lincoln Woods Barracks Renovations 0 511,345 511,345 | |
9 | State Police Barracks/Training Academy 0 191,244 191,244 | |
10 | Total - State Police 78,670,512 17,248,613 95,919,125 | |
11 | Grand Total – Public Safety 119,972,144 21,908,999 141,881,143 | |
12 | Emergency Management Agency | |
13 | General Revenues 1,848,876 (1,028) 1,847,848 | |
14 | Federal Funds 20,094,466 (2,148,112) 17,946,354 | |
15 | Restricted Receipts 861,046 (412,934) 448,112 | |
16 | Other Funds | |
17 | Rhode Island Capital Plan Funds | |
18 | Emergency Management Building 189,750 0 189,750 | |
19 | Rhode Island State Communication Network 1,000,000 494,414 1,494,414 | |
20 | Grand Total – Emergency Management Agency 23,994,138 (2,067,660) 21,926,478 | |
21 | Office of Public Defender | |
22 | General Revenues 11,784,382 (82,174) 11,702,208 | |
23 | Federal Funds 112,820 (15,000) 97,820 | |
24 | Grand Total - Office of Public Defender 11,897,202 (97,174) 11,800,028 | |
25 | Environmental Management | |
26 | Office of the Director | |
27 | General Revenues 5,165,334 351,172 5,516,506 | |
28 | Provided that $200,000 be allocated to the Town of North Providence for its Eliot Avenue | |
29 | flooding and drainage remediation project. | |
30 | Restricted Receipts 3,901,548 191,256 4,092,804 | |
31 | Total – Office of the Director 9,066,882 542,428 9,609,310 | |
32 | Natural Resources | |
33 | General Revenues 21,124,014 7,851 21,131,865 | |
34 | Federal Funds 20,047,496 2,691,502 22,738,998 | |
|
| |
1 | Restricted Receipts 6,121,231 (2,063,948) 4,057,283 | |
2 | Other Funds | |
3 | DOT Recreational Projects 909,926 762,000 1,671,926 | |
4 | Blackstone Bikepath Design 2,059,579 0 2,059,579 | |
5 | Transportation MOU 78,350 0 78,350 | |
6 | Rhode Island Capital Plan Funds | |
7 | Dam Repair 1,230,000 (975,805) 254,195 | |
8 | Fort Adams America’s Cup 1,400,000 69,851 1,469,851 | |
9 | Recreational Facilities Improvements 3,100,000 2,589,289 5,689,289 | |
10 | Galilee Piers Upgrade 250,000 61,611 311,611 | |
11 | Newport Piers 187,500 (50,000) 137,500 | |
12 | Fish & Wildlife Maintenance Facilities 150,000 (150,000) 0 | |
13 | Blackstone Valley Bike Path 300,000 93,348 393,348 | |
14 | Natural Resources Offices/Visitor’s Center 3,500,000 (3,487,741) 12,259 | |
15 | Marine Infrastructure/Pier Development 100,000 0 100,000 | |
16 | State Recreation Building Demolition 100,000 0 100,000 | |
17 | Fort Adams Rehabilitation 300,000 1,625 301,625 | |
18 | World War II Facility 0 128,715 128,715 | |
19 | Rocky Point Acquisitions/Renovations 0 116,992 116,992 | |
20 | Total - Natural Resources 60,958,096 (204,710) 60,753,386 | |
21 | Environmental Protection | |
22 | General Revenues 13,917,429 (2,270,350) 11,647,079 | |
23 | Federal Funds 9,681,296 1,735,701 11,416,997 | |
24 | Restricted Receipts 8,959,177 91,032 9,050,209 | |
25 | Other Funds | |
26 | Transportation MOU 164,734 0 164,734 | |
27 | Total - Environmental Protection 32,722,636 (443,617) 32,279,019 | |
28 | Grand Total - Environmental Management 102,747,614 (105,899) 102,641,715 | |
29 | Coastal Resources Management Council | |
30 | General Revenues 2,452,438 17,458 2,469,896 | |
31 | Federal Funds 4,148,312 1,069,762 5,218,074 | |
32 | Restricted Receipts 250,000 0 250,000 | |
33 | Other Funds | |
34 | Rhode Island Capital Plan Funds | |
|
| |
1 | South Coast Restoration Project 321,775 0 321,775 | |
2 | RI Coastal Storm Risk Study 150,000 (150,000) 0 | |
3 | Grand Total - Coastal Resources Mgmt. Council 7,322,525 937,220 8,259,745 | |
4 | Transportation | |
5 | Central Management | |
6 | Federal Funds 6,610,622 2,091,989 8,702,611 | |
7 | Other Funds | |
8 | Gasoline Tax 2,593,920 1,929,187 4,523,107 | |
9 | Total – Central Management 9,204,542 4,021,176 13,225,718 | |
10 | Management and Budget | |
11 | Other Funds | |
12 | Gasoline Tax 3,009,298 1,089,405 4,098,703 | |
13 | Infrastructure Engineering – GARVEE/Motor Fuel Tax Bonds | |
14 | Federal Funds | |
15 | Federal Funds 260,384,515 (12,655,581) 247,728,934 | |
16 | Federal Funds – Stimulus 5,414,843 11,116,418 16,531,261 | |
17 | Restricted Receipts 180,219 3,429,934 3,610,153 | |
18 | Other Funds | |
19 | Gasoline Tax 72,131,457 3,633,644 75,765,101 | |
20 | Land Sale Revenue 2,500,000 41,771 2,541,771 | |
21 | Rhode Island Capital Plan Funds | |
22 | RIPTA Land and Buildings 120,000 142,696 262,696 | |
23 | Highway Improvement Program 27,200,000 5,251,346 32,451,346 | |
24 | T.F. Green Airport Improvement 0 3,000,000 3,000,000 | |
25 | Total – Infrastructure Engineering | |
26 | GARVEE/Motor Fuel Tax Bonds 367,931,034 13,960,228 381,891,262 | |
27 | Infrastructure Maintenance | |
28 | Other Funds | |
29 | Gasoline Tax 12,846,800 (4,429,206) 8,417,594 | |
30 | Non-Land Surplus Property 50,000 0 50,000 | |
31 | Outdoor Advertising 100,000 0 100,000 | |
32 | Rhode Island Highway Maintenance Account 79,792,727 30,409,402 110,202,129 | |
33 | Rhode Island Capital Plan Funds | |
34 | Maintenance Facilities Improvements 400,000 0 400,000 | |
|
| |
1 | Salt Storage Facilities 1,000,000 (538,066) 461,934 | |
2 | Portsmouth Facility 2,273,444 1,075,256 3,348,700 | |
3 | Maintenance-Capital Equip. Replacement 1,500,000 0 1,500,000 | |
4 | Train Station Maintenance and Repairs 350,000 0 350,000 | |
5 | Total – Infrastructure Maintenance 98,312,971 26,517,386 124,830,357 | |
6 | Grand Total – Transportation 478,457,845 45,588,195 524,046,040 | |
7 | Statewide Totals | |
8 | General Revenues 3,683,715,867 4,653,148 3,688,369,015 | |
9 | General Revenues 3,683,715,867 2,753,148 3,686,469,015 | |
10 | Federal Funds 2,957,075,656 227,565,479 3,184,641,135 | |
11 | Restricted Receipts 257,000,390 19,270,943 276,271,333 | |
12 | Other Funds 2,040,921,480 13,165,423 2,054,086,903 | |
13 | Statewide Grand Total 8,938,713,393 264,654,993 9,203,368,386 | |
14 | Statewide Grand Total 8,938,713,393 262,754,993 9,201,468,386 | |
15 | SECTION 2. Each line appearing in Section 1 of this Article shall constitute an | |
16 | appropriation. | |
17 | SECTION 3. The general assembly authorizes the state controller to establish the internal | |
18 | service accounts shown below, and no other, to finance and account for the operations of state | |
19 | agencies that provide services to other agencies, institutions and other governmental units on a cost | |
20 | reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in | |
21 | a businesslike manner, promote efficient use of services by making agencies pay the full costs | |
22 | associated with providing the services, and allocate the costs of central administrative services | |
23 | across all fund types, so that federal and other non-general fund programs share in the costs of | |
24 | general government support. The controller is authorized to reimburse these accounts for the cost | |
25 | of work or services performed for any other department or agency subject to the following | |
26 | expenditure limitations: | |
27 | Account FY 2017 FY 2017 FY2017 | |
28 | Enacted Change Final | |
29 | State Assessed Fringe Benefit Internal Service | |
30 | Fund 41,699,269 (1,853,175) 39,846,094 | |
31 | Administration Central Utilities Internal Service | |
32 | Fund 14,900,975 6,025,473 20,926,448 | |
33 | State Central Mail Internal Service Fund 6,190,285 636,305 6,826,590 | |
34 | State Telecommunications Internal Service Fund 3,017,521 167,632 3,185,153 | |
|
| |
1 | State Automotive Fleet Internal Service Fund 12,543,165 (78,722) 12,464,443 | |
2 | Surplus Property Internal Service Fund 2,500 500 3,000 | |
3 | Health Insurance Internal Service Fund 251,723,462 53,362 251,776,824 | |
4 | State Fleet Revolving Loan Fund 0 2,173,414 2,173,414 | |
5 | Other Post-Employment Benefits Fund 63,934,483 0 63,934,483 | |
6 | Capital Police Internal Service Fund 1,172,421 (44,402) 1,128,019 | |
7 | Corrections Central Distribution Center Internal | |
8 | Service Fund 7,094,183 (46,657) 7,047,526 | |
9 | Correctional Industries Internal Service Fund 7,304,210 174,271 7,478,481 | |
10 | Secretary of State Record Center Internal Service Fund 907,177 (98,650) 808,527 | |
11 | SECTION 4. Departments and agencies listed below may not exceed the number of full- | |
12 | time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do | |
13 | not include seasonal or intermittent positions whose scheduled period of employment does not | |
14 | exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and | |
15 | twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals | |
16 | engaged in training, the completion of which is a prerequisite of employment. Provided, however, | |
17 | that the Governor or designee, Speaker of the House of Representatives or designee, and the | |
18 | President of the Senate or designee may authorize an adjustment to any limitation. Prior to the | |
19 | authorization, the State Budget Officer shall make a detailed written recommendation to the | |
20 | Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation | |
21 | and authorization to adjust shall be transmitted to the chairman of the House Finance Committee, | |
22 | Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor. | |
23 | State employees whose funding is from non-state general revenue funds that are time | |
24 | limited shall receive limited term appointment with the term limited to the availability of non-state | |
25 | general revenue funding source. | |
26 | FY 2017 FTE POSITION AUTHORIZATION | |
27 | Departments and Agencies Full-Time Equivalent | |
28 | Administration 708.7 | |
29 | Business Regulation 97.0 100.0 | |
30 | Executive Office of Commerce 16.0 | |
31 | Labor and Training 409.5 409.5 | |
32 | Revenue 523.5 | |
33 | Legislature 298.5 | |
34 | Office of the Lieutenant Governor 8.0 | |
|
| |
1 | Office of the Secretary of State 59.0 | |
2 | Office of the General Treasurer 88.0 87.0 | |
3 | Board of Elections 12.0 | |
4 | Rhode Island Ethics Commission 12.0 | |
5 | Office of the Governor 45.0 | |
6 | Commission for Human Rights 14.5 | |
7 | Public Utilities Commission 51.0 | |
8 | Office of Health and Human Services 179.0 178.0 | |
9 | Children, Youth, and Families 629.5 628.5 | |
10 | Health 503.6 | |
11 | Human Services 937.1 | |
12 | Behavioral Health, Developmental Disabilities, and Hospitals 1,352.4 | |
13 | Office of the Child Advocate 6.0 7.0 | |
14 | Commission on the Deaf and Hard of Hearing 4.0 | |
15 | Governor's Commission on Disabilities 4.0 | |
16 | Office of the Mental Health Advocate 4.0 | |
17 | Elementary and Secondary Education 139.1 | |
18 | School for the Deaf 60.0 | |
19 | Davies Career and Technical School 126.0 | |
20 | Office of the Postsecondary Commissioner 27.0 | |
21 | Provided that 1.0 of the total authorization would be available only for positions that are | |
22 | supported by third-party funds. | |
23 | University of Rhode Island 2,489.5 | |
24 | Provided that 573.8 of the total authorization would be available only for positions that are | |
25 | supported by third-party funds. | |
26 | Rhode Island College 926.2 | |
27 | Provided that 82.0 of the total authorization would be available only for positions that are | |
28 | supported by third-party funds. | |
29 | Community College of Rhode Island 854.1 | |
30 | Provided that 89.0 of the total authorization would be available only for positions that are | |
31 | supported by third-party funds. | |
32 | Rhode Island State Council on the Arts 8.6 | |
33 | RI Atomic Energy Commission 8.6 | |
34 | Historical Preservation and Heritage Commission 16.6 15.6 | |
|
| |
1 | Office of the Attorney General 235.1 | |
2 | Corrections 1,423.0 | |
3 | Judicial 723.3 | |
4 | Military Staff 92.0 | |
5 | Public Safety 610.2 615.6 | |
6 | Office of the Public Defender 93.0 | |
7 | Emergency Management Agency 29.0 | |
8 | Environmental Management Agency 399.0 400.0 | |
9 | Coastal Resources Management Council 29.0 | |
10 | Transportation 701.0 701.0 | |
11 | Total 14,952.6 14,959.0 | |
12 | SECTION 5. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. – | |
13 | Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project | |
14 | appropriations shall be reappropriated in the ensuing fiscal year and made available for the same | |
15 | purpose. However, any such reappropriations are subject to final approval by the General | |
16 | Assembly as part of the supplemental appropriations act. Any unexpended funds of less than five | |
17 | hundred dollars ($500) shall be reappropriated at the discretion of the State Budget Officer. | |
18 | SECTION 6. This article shall take effect upon passage. | |
|
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art.011/3/011/2 | ||
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1 | ARTICLE 11 AS AMENDED | |
2 | RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS | |
3 | SECTION 1. Sections 44-5-2 and 44-5-22 of the General Laws in Chapter 44-5 entitled | |
4 | "Levy and Assessment of Local Taxes" are hereby amended to read as follows: | |
5 | 44-5-2. Maximum levy. | |
6 | (a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount | |
7 | not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that | |
8 | city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year | |
9 | thereafter, the amount levied by a city or town is deemed to be consistent with the five and one- | |
10 | half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one- | |
11 | half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as | |
12 | applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%) | |
13 | except as specified in subsection (c) of this section. In all years when a revaluation or update is not | |
14 | being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or | |
15 | less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged | |
16 | for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the | |
17 | prior year's tax on the same parcel of real property. In any year through and including fiscal year | |
18 | 2007 when a revaluation or update is being implemented, the tax rate is deemed to be one hundred | |
19 | five and one-half percent (105.5%) of the prior year's tax rate as certified by the division of property | |
20 | valuation and municipal finance in the department of revenue. | |
21 | (b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five | |
22 | and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or | |
23 | town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not | |
24 | more than five percent (5%) in excess of the total amount levied and certified by that city or town | |
25 | for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more | |
26 | than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by | |
27 | that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an | |
28 | amount not more than four and one-half percent (4.5%) in excess of the total amount levied and | |
29 | certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy | |
30 | a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount | |
| ||
1 | levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each | |
2 | fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%) | |
3 | in excess of the total amount levied and certified by that city or town for its previous fiscal year. | |
4 | For purposes of this levy calculation, taxes levied pursuant to chapters 34 and 34.1 of this title shall | |
5 | not be included. For FY 2018, in the event that a city or town, solely as a result of the exclusion of | |
6 | the motor vehicle tax in the new levy calculation, exceeds the property tax cap when compared to | |
7 | FY 2017 after taking into account that there was a motor vehicle tax in FY 2017, said city or town | |
8 | shall be permitted to exceed the property tax cap for the FY 2018 transition year, but in no event | |
9 | shall it exceed the four percent (4%) levy cap growth with the car tax portion included; provided, | |
10 | however, nothing herein shall prohibit a city or town from exceeding the property tax cap if | |
11 | otherwise permitted pursuant to subsection (d) of this section. | |
12 | (c) The division of property valuation in the department of revenue shall monitor city and | |
13 | town compliance with this levy cap, issue periodic reports to the general assembly on compliance, | |
14 | and make recommendations on the continuation or modification of the levy cap on or before | |
15 | December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief | |
16 | elected official in each city and town shall provide to the division of property and municipal finance | |
17 | within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other | |
18 | pertinent information. | |
19 | (d) The amount levied by a city or town may exceed the percentage increase as specified | |
20 | in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following | |
21 | provisions: | |
22 | (1) The city or town forecasts or experiences a loss in total non-property tax revenues and | |
23 | the loss is certified by the department of revenue. | |
24 | (2) The city or town experiences or anticipates an emergency situation, which causes or | |
25 | will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this | |
26 | section. In the event of an emergency or an anticipated emergency, the city or town shall notify the | |
27 | auditor general who shall certify the existence or anticipated existence of the emergency. Without | |
28 | limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or | |
29 | town experiences or anticipates health insurance costs, retirement contributions or utility | |
30 | expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions | |
31 | or utility expenditures by a percentage greater than three (3) times the percentage increase as | |
32 | specified in subsection (a) or (b) of this section. | |
33 | (3) A city or town forecasts or experiences debt services expenditures which exceed the | |
34 | prior year's debt service expenditures by an amount greater than the percentage increase as specified | |
|
| |
1 | in subsection (a) or (b) of this section and which are the result of bonded debt issued in a manner | |
2 | consistent with general law or a special act. In the event of the debt service increase, the city or | |
3 | town shall notify the department of revenue which shall certify the debt service increase above the | |
4 | percentage increase as specified in subsection (a) or (b) of this section the prior year's debt service. | |
5 | No action approving or disapproving exceeding a levy cap under the provisions of this section | |
6 | affects the requirement to pay obligations as described in subsection (d) of this section. | |
7 | (4) The city or town experiences substantial growth in its tax base as the result of major | |
8 | new construction which necessitates either significant infrastructure or school housing expenditures | |
9 | by the city or town or a significant increase in the need for essential municipal services and such | |
10 | increase in expenditures or demand for services is certified by the department of revenue. | |
11 | (e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase | |
12 | specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least | |
13 | four-fifths (4/5) of the full membership of the governing body of the city or town or in the case of | |
14 | a city or town having a financial town meeting, the majority of the electors present and voting at | |
15 | the town financial meeting shall also approve the excess levy. | |
16 | (f) Nothing contained in this section constrains the payment of present or future obligations | |
17 | as prescribed by § 45-12-1, and all taxable property in each city or town is subject to taxation | |
18 | without limitation as to rate or amount to pay general obligation bonds or notes of the city or town | |
19 | except as otherwise specifically provided by law or charter. | |
20 | 44-5-22. Certification of tax roll. | |
21 | The tax levy shall be applied to the assessment roll and the resulting tax roll certified by | |
22 | the assessors to the city or town clerk, city or town treasurer, or tax collector, as the case may be, | |
23 | and to the department of revenue division of municipal finance, not later than the next succeeding | |
24 | August 15. For assessment date December 31, 2016, all certified tax rolls submitted to the city or | |
25 | town clerk, city or town treasurer, or tax collector, as the case may be, and to the department of | |
26 | revenue division of municipal finance shall be calculated in a manner that is consistent with any | |
27 | 2017 amendments to the motor vehicle excise tax laws not later than August 31, 2017. For | |
28 | assessment date December 31, 2016, in the event that a city, town or fire district has certified tax | |
29 | rolls to the city or town clerk, city or town treasurer, or tax collector, as the case may be, and to the | |
30 | department of revenue division of municipal finance prior to the enactment of any amendment to | |
31 | the motor vehicle excise tax laws in 2017, said city, town or fire district shall submit to the city or | |
32 | town clerk, city or town treasurer or tax collector, as the case may be, and to the department of | |
33 | revenue division of municipal finance an amended certified tax roll the calculation of which is | |
34 | consistent with any amendments to the motor vehicle tax laws in 2017 not later than September 15, | |
|
| |
1 | 2017. In the case of a fire district, the tax levy shall be applied to the assessment roll and the | |
2 | resulting tax roll certified by such fire district's tax assessor, treasurer, or other appropriate fire | |
3 | district official to the town clerk, town treasurer, tax assessor or tax collector, as the case may be, | |
4 | and to the department of revenue, division of municipal finance, not later than thirty (30) business | |
5 | days prior to its annual meeting. | |
6 | SECTION 2. Sections 44-34-2 and 44-34-11 of the General Laws in Chapter 44-34 entitled | |
7 | "Excise on Motor Vehicles and Trailers" are hereby amended to read as follows: | |
8 | 44-34-2. Assessment -- Valuation -- Proration -- Abatement and cancellation -- | |
9 | Exemptions from tax. | |
10 | (a) Except as provided in this section, the tax assessors of each city and town shall assess | |
11 | and levy in each calendar year on every vehicle and trailer registered under chapter 3 of title 31, | |
12 | for the privilege of the registration, an excise measured by its value, as subsequently defined and | |
13 | determined. For the purpose of this excise, the uniform value of each vehicle shall be determined | |
14 | in accordance with the regulations of the vehicle value commission. Any vehicle which is more | |
15 | than twenty-five (25) fifteen (15) years old, whether or not the vehicle is an antique motor car as | |
16 | defined in § 31-1-3(a), shall be deemed to possess an average retail value of five hundred dollars | |
17 | ($500). Any vehicle more than twenty-five (25) years old on June 16, 1987, whether or not the | |
18 | vehicle is an antique motor car as defined in § 31-1-3(a), shall be deemed to have an average retail | |
19 | value of five hundred dollars ($500) or its actual retail value whichever is less. The minimum excise | |
20 | tax on any vehicle, if registered to the same owner for a full year or portion of the year, shall not | |
21 | be less than five dollars ($5.00) unless the registration is transferred to one or more additional | |
22 | vehicles or trailers, in which case the minimum or combined excise taxes shall not be less than five | |
23 | dollars ($5.00). Beginning in fiscal year 2001, the assessor may, but is not required to, issue | |
24 | minimum tax bills as authorized by this section or any general or public law. Beginning in fiscal | |
25 | year 2002 and thereafter, the assessor shall not issue minimum tax bills, notwithstanding any | |
26 | general or public law to the contrary. The assessor may waive the excise tax on any vehicle where | |
27 | the annual levy would be less than five dollars ($5.00). The state shall not provide reimbursement | |
28 | for any waiver. | |
29 | (b) Vehicle and trailer excises shall be prorated over the calendar year prior to the year in | |
30 | which the excises are levied and billed, that year being referred to as the calendar year of proration. | |
31 | (c) The excise levy on every vehicle and trailer registered under chapter 3 of title 31 shall | |
32 | be based on the ratio that the number of days the vehicle or trailer is registered is to the number of | |
33 | days in the calendar year of proration. | |
34 | (d) If during the calendar year of proration, the owner of a vehicle or trailer subject to the | |
|
| |
1 | excise moves permanently with his or her vehicle to another state and cancels his or her registration | |
2 | in this state and returns the registration plates, the vehicle shall be exempt from excise for the | |
3 | ensuing year. | |
4 | (e) "Year of manufacture" as used in this section means the year used by the manufacturer | |
5 | of the vehicle or trailer in connection with the designation by the manufacturer of the model of the | |
6 | vehicle or trailer. Where the presumptive price of a vehicle or trailer is not readily obtainable, or | |
7 | special equipment is installed on the vehicle or trailer, the tax assessor shall prescribe the retail | |
8 | price to be used or the manner in which the retail price shall be determined. In making the | |
9 | determination of the presumptive price, the tax assessor shall determine the retail price of the | |
10 | vehicle and then apply the percentage corresponding with the appropriate fiscal year as specified | |
11 | in §44-34-11(c)(1)(iii). | |
12 | (f) Nothing in this section shall be construed to prevent any city or town council from | |
13 | granting an abatement, in whole or in part, when there is an error in the assessment of a tax, and | |
14 | the tax assessors have certified to the fact, in writing, to the city or town council to cancel taxes | |
15 | stating the nature of the error, the valuation of the vehicle or trailer, the amount of the assessed tax | |
16 | and the name of the person to whom the vehicle or trailer was taxed. | |
17 | (g) The city or town council may cancel, in whole or in part, an excise tax assessed to a | |
18 | person who has died leaving no estate, or a person who has moved from the state, and the tax | |
19 | collector or person acting in the capacity of tax collector certifies to the city or town council the | |
20 | facts of the case. | |
21 | (h) The excise imposed by this section shall not apply to vehicles or trailers owned by the | |
22 | state of Rhode Island or any of its political subdivisions, or to vehicles or trailers owned by a | |
23 | corporation, association or other organization whose tangible personal property is exempt under § | |
24 | 44-3-3(1) -- (15), or to vehicles assessed and taxed under § 44-13-13, or those owned by the United | |
25 | States government. Farm vehicles shall be exempt to the extent prescribed in § 44-5-42. | |
26 | 44-34-11. Rhode Island vehicle value commission. | |
27 | (a) There is hereby authorized, created, and established the "Rhode Island vehicle value | |
28 | commission" whose function it is to establish presumptive values of vehicles and trailers subject to | |
29 | the excise tax. | |
30 | (b) The commission shall consist of the following seven (7) members as follows: | |
31 | (1) The director of the department of revenue or his/her designee from the department of | |
32 | revenue; | |
33 | (2) Five (5) local tax officials named by the governor, at least one of whom shall be from | |
34 | a city or town under ten thousand (10,000) population and at least one of whom is from a city or | |
|
| |
1 | town over fifty thousand (50,000) population in making these appointments the governor shall give | |
2 | due consideration to the recommendations submitted by the President of the Rhode Island League | |
3 | of Cities and Towns and each appointment shall be subject to the advice and consent of the senate; | |
4 | (3) And one motor vehicle dealer appointed by the governor upon giving due consideration | |
5 | to the recommendation of the director of revenue and subject to the advice and consent of the | |
6 | senate. | |
7 | (4) All members shall serve for a term of three (3) years. | |
8 | (5) Current legislative appointees shall cease to be members of the commission upon the | |
9 | effective date of this act. Non-legislative appointees to the commission may serve out their terms | |
10 | whereupon their successors shall be appointed in accordance with this act. No one shall be eligible | |
11 | for appointment to the commission unless he or she is a resident of this state. | |
12 | (6) Public members of the commission shall be removable by the governor pursuant to § | |
13 | 36-1-7 for cause only, and removal solely for partisan or personal reasons unrelated to capacity or | |
14 | fitness for the office shall be unlawful. | |
15 | (7) The governor shall appoint a chairperson from the commission's members. The | |
16 | commission shall elect from among its members other officers as it may deem appropriate. | |
17 | (c) The commission shall annually determine the presumptive values of vehicles and | |
18 | trailers subject to the excise tax in the following manner: | |
19 | (1) Not earlier than September 30 and not later than December 31 of each year, the | |
20 | commission shall by rule adopt a methodology for determining the presumptive value of vehicles | |
21 | and trailers subject to the excise tax which shall give consideration to the following factors: | |
22 | (i) The average retail price of similar vehicles of the same make, model, type, and year of | |
23 | manufacture as reported by motor vehicle dealers or by official used car guides, such as that of the | |
24 | National Automobile Dealers Association for New England. Where regional guides are not | |
25 | available, the commission shall use other publications deemed appropriate; and | |
26 | (ii) Other information concerning the average retail prices for make, model, type, and year | |
27 | of manufacture of motor vehicles as the director and the Rhode Island vehicle value commission | |
28 | may deem appropriate to determine fair values. | |
29 | (iii) Notwithstanding the foregoing, the presumptive value of vehicles and trailers subject | |
30 | to the excise tax shall not exceed the following percentage of clean retail value for those vehicles | |
31 | reported by the National Automobile Dealers Association Official Used Car Guide New England | |
32 | Edition: | |
33 | FISCAL YEAR PERCENTAGE | |
34 | 2018 95% | |
|
| |
1 | 2019 90% | |
2 | 2020 85% | |
3 | 2021 80% | |
4 | 2022 75% | |
5 | 2023 70% | |
6 | In the event that no such clean retail value is reported, the presumptive value shall not | |
7 | exceed the above percentages of the following: | |
8 | (A) Manufacturer's suggested retail price (MSRP) for new model year vehicles as reported | |
9 | by the National Automobile Dealers Association Guides; or | |
10 | (B) Average retail value for those vehicles reported by the National Automobile Dealers | |
11 | Association Official Used Car Guide National Edition and Motorcycle/Snowmobile/ATV/Personal | |
12 | Watercraft Appraisal Guide; or | |
13 | (C) Used retail value for those vehicles reported in the National Association of Automobile | |
14 | Dealers Recreational Vehicle Appraisal Guide; or | |
15 | (D) Low value for those vehicles reported in the National Automobile Dealers Association | |
16 | Classic, Collectible, Exotic and Muscle Car Appraisal Guide & Directory. | |
17 | (2) On or before February 1 of each year, it shall adopt a list of values for vehicles and | |
18 | trailers of the same make, model, type, and year of manufacture as of the preceding December 31 | |
19 | in accordance with the methodology adopted between September 30 and December 31; the list shall | |
20 | be subject to a public hearing at least five (5) business days prior to the date of its adoption. | |
21 | (3) Nothing in this section shall be deemed to require the commission to determine the | |
22 | presumptive value of vehicles and trailers which are unique, to which special equipment has been | |
23 | added or to which special modifications have been made, or for which adequate information is not | |
24 | available from the sources referenced in subdivision (1) of this subsection; provided, that the | |
25 | commission may consider those factors in its lists or regulations. | |
26 | (4) The commission shall annually provide the list of presumptive values of vehicles and | |
27 | trailers to each tax assessor on or before February 15 of each year. | |
28 | (d) The commission shall adopt rules governing its organization and the conduct of its | |
29 | business; prior to the adoption of the rules, the chair shall have the power to call meetings, and a | |
30 | simple majority of the members of the commission, as provided for in subsection (b) of this section, | |
31 | is necessary for a quorum, which quorum by majority vote shall have the power to conduct business | |
32 | in the name of the commission. The commission may adopt rules and elect from among its members | |
33 | such other officers as it deems necessary. | |
34 | (e) The commission shall have the power to contract for professional services that it deems | |
|
| |
1 | necessary for the development of the methodology for determining presumptive values, for | |
2 | calculating presumptive values according to the methodology, and for preparing the list of | |
3 | presumptive values in a form and format that is generally usable by cities and towns in their | |
4 | preparation of tax bills. The commission shall also have the power to incur reasonable expenses in | |
5 | the conduct of its business as required by this chapter and to authorize payments for the expenses. | |
6 | (f) Commission members shall receive no compensation for the performance of their duties | |
7 | but may be reimbursed for their reasonable expenses incurred in carrying out such duties. | |
8 | (g) The commission shall respond to petitions of appeal by local boards of review in | |
9 | accordance with the provisions of § 44-34-9. | |
10 | (h) The commission shall establish, by rule, procedures for adopting an annual budget and | |
11 | for administering its finances. After July 1, 1986, one-half (1/2) of the cost of the commission's | |
12 | operations shall be borne by the state and one-half (1/2) shall be borne by cities and towns within | |
13 | the state, with the city and town share distributed among cities and towns on a per capita basis. | |
14 | (i) Within ninety (90) days after the end of each fiscal year, the commission shall approve | |
15 | and submit an annual report to the governor, the speaker of the house of representatives, the | |
16 | president of the senate, and the secretary of state of its activities during that fiscal year. The report | |
17 | shall provide: an operating statement summarizing meetings or hearings held, meeting minutes if | |
18 | requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies | |
19 | conducted, policies and plans developed, approved, or modified, and programs administered or | |
20 | initiated; a consolidated financial statement of all funds received and expended including the source | |
21 | of the funds, a listing of any staff supported by these funds, and a summary of any clerical, | |
22 | administrative or technical support received; a summary of performance during the previous fiscal | |
23 | year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, | |
24 | suspensions, or other legal matters related to the authority of the commission; a summary of any | |
25 | training courses held pursuant to this subsection, a briefing on anticipated activities in the upcoming | |
26 | fiscal year; and findings and recommendations for improvements. The report shall be posted | |
27 | electronically on the general assembly and the secretary of state's websites as prescribed in § 42- | |
28 | 20-8.2. The director of the department of revenue shall be responsible for the enforcement of this | |
29 | provision. | |
30 | SECTION 3. Sections 44-34.1-1 and 44-34.1-2 of the General Laws in Chapter 44-34.1 | |
31 | entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998" are hereby amended to | |
32 | read as follows: | |
33 | 44-34.1-1. Excise tax phase-out. | |
34 | (a)(1) Notwithstanding the provisions of chapter 34 of this title or any other provisions to | |
|
| |
1 | the contrary, the motor vehicle and trailer excise tax established by § 44-34-1 may be phased out. | |
2 | The phase-out shall apply to all motor vehicles and trailers, including leased vehicles. | |
3 | (2) Lessors of vehicles that pay excise taxes directly to municipalities shall provide lessees, | |
4 | at the time of entering into the lease agreement, an estimate of annual excise taxes payable | |
5 | throughout the term of the lease. In the event the actual excise tax is less than the estimated excise | |
6 | tax, the lessor shall annually rebate to the lessee the difference between the actual excise tax and | |
7 | the estimated excise tax. | |
8 | (b) Pursuant to the provisions of this section, all motor vehicles shall be assessed a value | |
9 | by the vehicle value commission. That value shall be assessed according to the provisions of § 44- | |
10 | 34-11(c)(1) and in accordance with the terms as defined in subsection (d) of this section; provided, | |
11 | however, that the maximum taxable value percentage applicable to model year values as of | |
12 | December 31, 1997, shall continue to be applicable in future year valuations aged by one year in | |
13 | each succeeding year. | |
14 | (c)(1) The motor vehicle excise tax phase-out shall commence with the excise tax bills | |
15 | mailed to taxpayers for the fiscal year 2000. The phase-out, beyond fiscal year 2003, shall be | |
16 | subject to annual review and appropriation by the general assembly. The tax assessors of the various | |
17 | cities and towns and fire districts shall reduce the average retail value of each vehicle assessed by | |
18 | using the prorated exemptions from the following table: | |
19 | Local Fiscal Year Exempt from value Local Exemption State fiscal year Reimbursement | |
20 | fiscal year 1999 0 $1,500 | |
21 | fiscal year 2000 $1,500 $2,500 | |
22 | fiscal year 2001 $2,500 $3,500 | |
23 | fiscal year 2002 $3,500 $4,500 | |
24 | fiscal years 2003, 2004 and 2005 $4,500 $4,500 | |
25 | for fiscal year 2006 and $5,000 $5,000 | |
26 | for fiscal year 2007 $6,000 $6,000 | |
27 | for fiscal years 2008, 2009 and 2010 the exemption and the state fiscal year reimbursement | |
28 | shall be increased, at a minimum, to the maximum amount to the nearest two hundred and fifty | |
29 | dollar ($250) increment within the allocation of one and twenty-two hundredths percent (l.22%) of | |
30 | net terminal income derived from video lottery games pursuant to the provisions of § 42-61-15, | |
31 | and in no event shall the exemption in any fiscal year be less than the prior fiscal year. | |
32 | for (i) For fiscal year 2011 and thereafter through fiscal year 2017, the exemption shall be | |
33 | five hundred dollars ($500). Cities and towns may provide an additional exemption; provided, | |
34 | however, any such additional exemption shall not be subject to reimbursement. | |
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| |
1 | (ii) For fiscal year 2018, cities, towns, and fire districts shall provide an exemption equal | |
2 | to the greater of one thousand dollars ($1,000) or the exemption in effect in fiscal year 2017. | |
3 | (iii) For fiscal year 2019, cities, towns, and fire districts shall provide an exemption equal | |
4 | to the greater of two thousand dollars ($2,000) or the exemption in effect in fiscal year 2017. | |
5 | (iv) For fiscal year 2020, cities, towns, and fire districts shall provide an exemption equal | |
6 | to the greater of three thousand dollars ($3,000) or the exemption in effect in fiscal year 2017. | |
7 | (v) For fiscal year 2021, cities, towns, and fire districts shall provide an exemption equal | |
8 | to the greater of four thousand dollars ($4,000) or the exemption in effect in fiscal year 2017. | |
9 | (vi) For fiscal year 2022, cities, towns, and fire districts shall provide an exemption equal | |
10 | to the greater of five thousand dollars ($5,000) or the exemption in effect in fiscal year 2017. | |
11 | (vii) For fiscal year 2023, cities, towns, and fire districts shall provide an exemption equal | |
12 | to the greater of six thousand dollars ($6,000) or the exemption in effect in fiscal year 2017. | |
13 | (viii) For fiscal year 2024 and thereafter, no tax shall be levied. | |
14 | (2) The excise tax phase-out shall provide levels of assessed value reductions until the tax | |
15 | is eliminated or reduced as provided in this chapter. | |
16 | (3) Current exemptions shall remain in effect as provided in this chapter. | |
17 | (4) The excise tax rates and ratios of assessment shall be maintained at a level identical to | |
18 | the level in effect for fiscal year 1998 for each city, town, and fire district; provided, in the town of | |
19 | Johnston the excise tax rate and ratios of assessment shall be maintained at a level identical to the | |
20 | level in effect for fiscal year 1999 levels and the levy of a city, town, or fire district shall be limited | |
21 | to the lesser of the maximum taxable value or net assessed value for purposes of collecting the tax | |
22 | in any given year. Provided, however, for fiscal year 2011 and thereafter through fiscal year 2017, | |
23 | the rates and ratios of assessment may be less than but not more than the rates described in this | |
24 | subsection (4). | |
25 | (5) For fiscal year 2018 and thereafter, the excise tax rate applied by a city, town, or fire | |
26 | district, shall not exceed the rate in effect in fiscal year 2017 and shall not exceed the rate set forth | |
27 | below: | |
28 | Fiscal Year Tax Rate (Per $1,000 of Value) | |
29 | 2018 $60.00 | |
30 | 2019 $50.00 | |
31 | 2020 $35.00 | |
32 | 2021 $35.00 | |
33 | 2022 $30.00 | |
34 | 2023 $20.00 | |
|
| |
1 | (6) In no event shall a taxpayer be billed more than the prior year for a vehicle owned up | |
2 | to the same number of days unless an increased bill is the result of no longer being eligible for a | |
3 | local tax exemption. | |
4 | (d) Definitions. | |
5 | (1) "Maximum taxable value" means the value of vehicles as prescribed by § 44-34-11 | |
6 | reduced by the percentage of assessed value applicable to model year values as determined by the | |
7 | Rhode Island vehicle value commission as of December 31, 1997, for the vehicles valued by the | |
8 | commission as of December 31, 1997. For all vehicle value types not valued by the Rhode Island | |
9 | vehicle value commission as of December 31, 1997, the maximum taxable value shall be the latest | |
10 | value determined by a local assessor from an appropriate pricing guide, multiplied by the ratio of | |
11 | assessment used by that city, town, or fire district for a particular model year as of December 31, | |
12 | 1997. The maximum taxable value shall be determined in such a manner as to incorporate the | |
13 | application of the percentage corresponding with the appropriate fiscal year as specified in §44-34- | |
14 | 11(c)(1)(iii). | |
15 | (2) "Net assessed value" means the motor vehicle values as determined in accordance with | |
16 | § 44-34-11 less all personal exemptions allowed by cities, towns, fire districts, and the state of | |
17 | Rhode Island exemption value as provided for in § 44-34.1-1(c)(1). | |
18 | (e) If any provision of this chapter shall be held invalid by any court of competent | |
19 | jurisdiction, the remainder of this chapter and the applications of the provisions hereof shall not be | |
20 | effected thereby. | |
21 | 44-34.1-2. City and town and fire district reimbursement. | |
22 | (a) In fiscal years 2000 and thereafter, cities and towns and fire districts shall receive | |
23 | reimbursements, as set forth in this section, from state general revenues equal to the amount of lost | |
24 | tax revenue due to the phase out or reduction of the excise tax. Cities and towns and fire districts | |
25 | shall receive advance reimbursements through state fiscal year 2002. In the event the tax is phased | |
26 | out, cities and towns and fire districts shall receive a permanent distribution of sales tax revenue | |
27 | pursuant to § 44-18-18 in an amount equal to any lost revenue resulting from the excise tax | |
28 | elimination. Lost revenues must be determined using a base tax rate fixed at fiscal year 1998 levels | |
29 | for each city, town, and fire district, except that the Town of Johnston's base tax rate must be fixed | |
30 | at a fiscal year 1999 level. Provided, however, for fiscal year 2011 and thereafter, the base tax rate | |
31 | may be less than but not more than the rates described in this subsection (a). | |
32 | (b) (1) The director of administration shall determine the amount of general revenues to be | |
33 | distributed to each city and town and fire district for the fiscal years 1999 and thereafter so that | |
34 | every city and town and fire district is held harmless from tax loss resulting from this chapter, | |
|
| |
1 | assuming that tax rates are indexed to inflation through fiscal year 2003. | |
2 | (2) The director of administration shall index the tax rates for inflation by applying the | |
3 | annual change in the December Consumer Price Index -- All Urban Consumers (CPI-U), published | |
4 | by the Bureau of Labor Statistics of the United States Department of Labor, to the indexed tax rate | |
5 | used for the prior fiscal year calculation; provided, that for state reimbursements in fiscal years | |
6 | 2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U adjustments. The | |
7 | director shall apply the following principles in determining reimbursements: | |
8 | (i) Exemptions granted by cities and towns and fire districts in the fiscal year 1998 must | |
9 | be applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities and | |
10 | towns and fire districts will not be reimbursed for these exemptions. | |
11 | (ii) City, town, and fire districts shall be reimbursed by the state for revenue losses | |
12 | attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates | |
13 | through fiscal 2003. Reimbursement for revenue losses shall be calculated based upon the | |
14 | difference between the maximum taxable value less personal exemptions and the net assessed | |
15 | value. | |
16 | (iii) Inflation reimbursements shall be the difference between: | |
17 | (A) The levy calculated at the tax rate used by each city and town and fire district for fiscal | |
18 | year 1998 after adjustments for personal exemptions but prior to adjustments for exemptions | |
19 | contained in § 44-34.1-1(c)(1); provided, that for the town of Johnston the tax rate used for fiscal | |
20 | year 1999 must be used for the calculation; and | |
21 | (B) The levy calculated by applying the appropriate cumulative inflation adjustment | |
22 | through state fiscal 2003 to the tax rate used by each city and town and fire district for fiscal year | |
23 | 1998; provided, that for the town of Johnston the tax rate used for fiscal year 1999 shall be used | |
24 | for the calculation after adjustments for personal exemptions but prior to adjustments for | |
25 | exemptions contained in § 44-34.1-1. | |
26 | (3) For fiscal year 2018 and thereafter, each city, town and fire district shall tax motor | |
27 | vehicles and trailers pursuant to chapter 34 of title 44 using the same motor vehicle and trailer | |
28 | excise tax calculation methodology that was employed for fiscal year 2017, where motor vehicle | |
29 | and trailer excise tax calculation methodology refers to the application of specific tax practices and | |
30 | the order of operations in the determination of the tax levied on any given motor vehicle and/or | |
31 | trailer. | |
32 | (4) Each city, town and fire district shall report to the department of revenue, as part of the | |
33 | submission of the certified tax levy pursuant to §44-5-22, the motor vehicle and trailer excise tax | |
34 | calculation methodology that was employed for fiscal year 2017. For fiscal year 2018 and | |
|
| |
1 | thereafter, the department of revenue is authorized to confirm that each city, town or fire district | |
2 | has used the same motor vehicle and trailer excise tax methodology as was used in fiscal year 2017 | |
3 | and the department of revenue shall have the final determination as to whether each city, town or | |
4 | fire district has in fact complied with this requirement. Should the department of revenue determine | |
5 | that a city, town or fire district has failed to cooperate or comply with the requirement in this | |
6 | section, the city, town or fire district's reimbursement for the items noted in §§44-34.1-2(c)(13)(i) | |
7 | through (c)(13)(iv) shall be withheld until such time as the department of revenue deems the city, | |
8 | town or fire district to be in compliance. | |
9 | (5) For purposes of reimbursement for the items noted in §§44-34.1-2(c)(13)(i) through | |
10 | (c)(13)(iv), the FY 2018 baseline from which the reimbursement amount shall be calculated is | |
11 | defined as the motor vehicle and trailer excise tax levy that would be generated by applying the | |
12 | fiscal year 2017 motor vehicle and trailer excise tax calculation methodology to the assessed value | |
13 | of motor vehicles and trailers as of fiscal year 2017. The amount of reimbursement that each city, | |
14 | town or fire district receives shall be the difference between the FY 2018 baseline and the certified | |
15 | motor vehicle and trailer excise tax levy as submitted by each city, town and fire district as | |
16 | confirmed by the department of revenue. The department of revenue shall determine the | |
17 | reimbursement amount for each city, town and fire district. | |
18 | (6) For fiscal year 2020 and thereafter, the department of revenue shall assess the feasibility | |
19 | of standardizing the motor vehicle and trailer excise tax calculation methodology across all cities, | |
20 | towns and fire departments. Based on this assessment, the department of revenue may make | |
21 | recommendations for changes to the motor vehicle and trailer excise tax calculation methodology | |
22 | as well as other provisions related to the taxation of motor vehicles and trailers. | |
23 | (c)(1) Funds shall be distributed to the cities and towns and fire districts as follows: | |
24 | (i) On October 20, 1998, and each October 20 thereafter through October 20, 2001, twenty- | |
25 | five percent (25%) of the amount calculated by the director of administration to be the difference | |
26 | for the upcoming fiscal year. | |
27 | (ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002, | |
28 | twenty-five percent (25%) of the amount calculated by the director of administration to be the | |
29 | difference for the upcoming fiscal year. | |
30 | (iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent | |
31 | (50%) of the amount calculated by the director of administration to be the difference for the | |
32 | upcoming fiscal year. | |
33 | (iv) On August 1, 2002, and each August 1 thereafter, twenty-five percent (25%) of the | |
34 | amount calculated by the director of administration to be the difference for the current fiscal year. | |
|
| |
1 | (v) On November 1, 2002, and each November 1 thereafter, twenty-five percent (25%) of | |
2 | the amount calculated by the director of administration to be the difference for the current fiscal | |
3 | year. | |
4 | (vi) On February 1, 2003, and each February 1 thereafter, twenty-five percent (25%) of the | |
5 | amount calculated by the director of administration to be the difference for the current fiscal year. | |
6 | (vii) On May 1, 2003, and each May 1 thereafter, except May 1, 2010, twenty-five percent | |
7 | (25%) of the amount calculated by the director of administration to be the difference for the current | |
8 | fiscal year. | |
9 | (viii) On June 15, 2010, twenty-five percent (25%) of the amount calculated by the director | |
10 | of administration to be the difference for the current fiscal year. | |
11 | Provided, however, the February and May payments, and June payment in 2010, shall be | |
12 | subject to submission of final certified and reconciled motor vehicle levy information. | |
13 | (2) Each city, town, or fire district shall submit final certified and reconciled motor vehicle | |
14 | levy information by August 30 of each year. Any adjustment to the estimated amounts paid in the | |
15 | previous fiscal year shall be included or deducted from the payment due November 1. | |
16 | (3) On any of the payment dates specified in paragraphs (1)(i) through (vii) of this | |
17 | subsection, the director is authorized to deduct previously made over-payments or add | |
18 | supplemental payments as may be required to bring the reimbursements into full compliance with | |
19 | the requirements of this chapter. | |
20 | (4) For the city of East Providence, the payment schedule is twenty-five percent (25%) on | |
21 | February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five percent | |
22 | (25%) on June 20, 1999, and each June 20 thereafter through June 20, 2002, which includes final | |
23 | reconciliation of the previous year's payment, and fifty percent (50%) on October 20, 1999, and | |
24 | each October 20 thereafter through October 20, 2002. For local fiscal years 2003 and thereafter, | |
25 | the payment schedule is twenty-five percent (25%) on each November 1, twenty-five percent (25%) | |
26 | on each February 1, twenty-five percent (25%) on each May 1, which includes final reconciliation | |
27 | of the previous year's payment, and twenty-five percent (25%) on each August 1; provided, the | |
28 | May and August payments shall be subject to submission of final certified and reconciled motor | |
29 | vehicle levy information. | |
30 | (5) When the tax is phased out, funds distributed to the cities, towns, and fire districts for | |
31 | the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase- | |
32 | out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities and | |
33 | towns and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%) | |
34 | on the following November 1, twenty-five percent (25%) on the following February 1, and twenty- | |
|
| |
1 | five percent (25%) on the following May 1. The funds shall be distributed to each city and town | |
2 | and fire district in the same proportion as distributed in the fiscal year of the phase-out. | |
3 | (6) When the tax is phased out to August 1, of the following fiscal year the director of | |
4 | administration revenue shall calculate to the nearest tenth thousandth of one cent ($.001) | |
5 | ($0.00001) the number of cents of sales tax received for the fiscal year ending June 30, of the year | |
6 | following the phase-out equal to the amount of funds distributed to the cities, towns, and fire | |
7 | districts under this chapter during the fiscal year following the phase-out and the percent of the | |
8 | total funds distributed in the fiscal year following the phase-out received by each city, town, and | |
9 | fire district, calculated to the nearest one-hundredth of one percent (0.01%). The director of the | |
10 | department of administration revenue shall transmit those calculations to the governor, the speaker | |
11 | of the house, the president of the senate, the chairperson of the house finance committee, the | |
12 | chairperson of the senate finance committee, the house fiscal advisor, and the senate fiscal advisor. | |
13 | The number of cents, applied to the sales taxes received for the prior fiscal year, shall be the basis | |
14 | for determining the amount of sales tax to be distributed to the cities and towns and fire districts | |
15 | under this chapter for the second fiscal year following the phase-out and each year thereafter. The | |
16 | cities and towns and fire districts shall receive that amount of sales tax in the proportions calculated | |
17 | by the director of administration revenue as that received in the fiscal year following the phase-out. | |
18 | (7) When the tax is phased out, twenty-five percent (25%) of the funds shall be distributed | |
19 | to the cities, towns, and fire districts on August 1, of the following fiscal year and every August 1 | |
20 | thereafter; twenty-five percent (25%) shall be distributed on the following November 1, and every | |
21 | November 1 thereafter; twenty-five percent (25%) shall be distributed on the following February | |
22 | 1, and every February 1 thereafter; and twenty-five percent (25%) shall be distributed on the | |
23 | following May 1, and every May 1 thereafter. | |
24 | (8) For the city of East Providence, in the event the tax is phased out, twenty-five percent | |
25 | (25%) shall be distributed on November 1, of the following fiscal year and every November 1 | |
26 | thereafter, twenty-five percent (25%) shall be distributed on the following February 1, and every | |
27 | February 1 thereafter; twenty-five percent (25%) shall be distributed on the following May 1, and | |
28 | every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on the | |
29 | following August 1, and every August 1 thereafter. | |
30 | (9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is | |
31 | eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall | |
32 | be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply | |
33 | to the year 2001 tax roll and thereafter. | |
34 | (10) For reimbursements payable in the year ending June 30, 2008 and thereafter, the | |
|
| |
1 | director of administration shall discount the calculated value of the exemption to ninety-eight | |
2 | percent (98%) in order to establish a collection rate that is comparable to the collection rate | |
3 | achieved by municipalities in the levy of the motor vehicle excise tax. | |
4 | (11) For reimbursements payable in the year ending June 30, 2010, the director of | |
5 | administration shall reimburse cities and towns eighty-eight percent (88%) of the reimbursements | |
6 | payable pursuant to subdivision (c)(10) above. | |
7 | (12) For fiscal year 2011 and thereafter through to June 30, 2017, the state shall reimburse | |
8 | cities and towns for the exemption pursuant to subdivision subsection (c)(10) above, ratably | |
9 | reduced to the appropriation. | |
10 | (13) For fiscal year 2018 and thereafter, each city, town and fire district shall receive a | |
11 | reimbursement equal to the amount received in fiscal year 2017 plus an amount equal to the | |
12 | reduction from the FY 2018 baseline, as defined in subsection (b)(5) of this section, resulting from | |
13 | changes in: | |
14 | (i) The assessment percentage set forth in §44-34-11(c)(1)(iii); | |
15 | (ii) The excise tax rate set forth in §44-34.1-1(c)(5); | |
16 | (iii) Exemptions set forth in §44-34.1-1(c)(1); and | |
17 | (iv) Exemptions for vehicles more than fifteen (15) years old as set forth in §44-34-2. | |
18 | (14) In the event any city, town, or fire district sent out or sends out tax bills for fiscal year | |
19 | 2018, which do not conform with the requirements of this act, the city, town, or fire district shall | |
20 | ensure that the tax bills for fiscal year 2018 are adjusted or an abatement is issued to conform to | |
21 | the requirements of this act. | |
22 | SECTION 4. This article shall take effect on July 1, 2017. | |
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art.012/3/012/2/012/1 | ||
======= | ||
1 | ARTICLE 12 AS AMENDED | |
2 | RELATING TO EDUCATION AID | |
3 | SECTION 1. Section 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled "The | |
4 | Education Equity and Property Tax Relief Act" is hereby amended to read as follows: | |
5 | 16-7.2-6. Categorical programs, state funded expenses. | |
6 | In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent | |
7 | foundation education-aid program shall provide direct state funding for: | |
8 | (a) Excess costs associated with special education students. Excess costs are defined when | |
9 | an individual special education student's cost shall be deemed to be "extraordinary". Extraordinary | |
10 | costs are those educational costs that exceed the state-approved threshold based on an amount | |
11 | above five times the core foundation amount (total of core-instruction amount plus student success | |
12 | amount). The department of elementary and secondary education shall prorate the funds available | |
13 | for distribution among those eligible school districts if the total approved costs for which school | |
14 | districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year; | |
15 | and the department of elementary and secondary education shall also collect data on those | |
16 | educational costs that exceed the state-approved threshold based on an amount above two (2), three | |
17 | (3) and four (4) times the core-foundation amount. | |
18 | (b) Career and technical education costs to help meet initial investment requirements | |
19 | needed to transform existing, or create new, comprehensive, career and technical education | |
20 | programs and career pathways in critical and emerging industries and to help offset the higher- | |
21 | than-average costs associated with facilities, equipment maintenance and repair, and supplies | |
22 | necessary for maintaining the quality of highly specialized programs that are a priority for the state. | |
23 | The department shall develop criteria for the purpose of allocating any and all career and technical | |
24 | education funds as may be determined by the general assembly on an annual basis. The department | |
25 | of elementary and secondary education shall prorate the funds available for distribution among | |
26 | those eligible school districts if the total approved costs for which school districts are seeking | |
27 | reimbursement exceed the amount of funding available in any fiscal year; | |
28 | (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. | |
29 | The department shall recommend criteria for the purpose of allocating any and all early childhood | |
30 | program funds as may be determined by the general assembly; | |
| ||
1 | (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to assure | |
2 | that appropriate funding is available to support their students. Additional support for Central Falls | |
3 | is needed due to concerns regarding the city's capacity to meet the local share of education costs. | |
4 | This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside | |
5 | the permanent foundation education-aid formula, including, but not limited to, transportation, | |
6 | facility maintenance, and retiree health benefits shall be shared between the state and the city of | |
7 | Central Falls. The fund shall be annually reviewed to determine the amount of the state and city | |
8 | appropriation. The state's share of this fund may be supported through a reallocation of current state | |
9 | appropriations to the Central Falls school district. At the end of the transition period defined in § | |
10 | 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional support | |
11 | for the Davies and the Met Center is needed due to the costs associated with running a stand-alone | |
12 | high school offering both academic and career and technical coursework. The department shall | |
13 | recommend criteria for the purpose of allocating any and all stabilization funds as may be | |
14 | determined by the general assembly; and | |
15 | (e) Excess costs associated with transporting students to out-of-district non-public schools. | |
16 | and within regional school districts. (1) This fund will provide state funding for the costs associated | |
17 | with transporting students to out-of-district non-public schools, pursuant to chapter 21.1 of title 16. | |
18 | The state will assume the costs of non-public out-of-district transportation for those districts | |
19 | participating in the statewide system. ; and (2) This fund will provide direct state funding for the | |
20 | excess costs associated with transporting students within regional school districts, established | |
21 | pursuant to chapter 3 of title 16. This fund requires that the state and regional school district share | |
22 | equally the student transportation costs net any federal sources of revenue for these expenditures. | |
23 | The department of elementary and secondary education shall prorate the funds available for | |
24 | distribution among those eligible school districts if the total approved costs for which school | |
25 | districts are seeking reimbursement exceed the amount of funding available in any fiscal year. | |
26 | (f) Excess costs associated with transporting students within regional school districts. This | |
27 | fund will provide direct state funding for the excess costs associated with transporting students | |
28 | within regional school districts, established pursuant to chapter 3 of title 16. This fund requires that | |
29 | the state and regional school district share equally the student transportation costs net any federal | |
30 | sources of revenue for these expenditures. The department of elementary and secondary education | |
31 | shall prorate the funds available for distribution among those eligible school districts if the total | |
32 | approved costs for which school districts are seeking reimbursement exceed the amount of funding | |
33 | available in any fiscal year. | |
34 | (f)(g) Public school districts that are regionalized shall be eligible for a regionalization | |
|
| |
1 | bonus as set forth below. | |
2 | (1) As used herein, the term "regionalized" shall be deemed to refer to a regional school | |
3 | district established under the provisions of chapter 3 of title 16 including the Chariho Regional | |
4 | School district. | |
5 | (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus | |
6 | shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the | |
7 | regionalization bonus shall commence in the first fiscal year following the establishment of a | |
8 | regionalized school district as set forth in chapter 3 of title 16, including the Chariho Regional | |
9 | School District. | |
10 | (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the | |
11 | state's share of the foundation education aid for the regionalized district as calculated pursuant to | |
12 | §§ 16-7.2-3 and 16-7.2-4 in that fiscal year. | |
13 | (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the | |
14 | state's share of the foundation education aid for the regionalized district as calculated pursuant to | |
15 | §§ 16-7.2-3 and 16-7.2-4 in that fiscal year. | |
16 | (5) The regionalization bonus shall cease in the third fiscal year. | |
17 | (6) The regionalization bonus for the Chariho regional school district shall be applied to | |
18 | the state share of the permanent foundation education aid for the member towns. | |
19 | (7) The department of elementary and secondary education shall prorate the funds available | |
20 | for distribution among those eligible regionalized school districts if the total, approved costs for | |
21 | which regionalized school districts are seeking a regionalization bonus exceed the amount of | |
22 | funding appropriated in any fiscal year. | |
23 | (g)(h) Additional state support for English learners (EL). For FY 2017 only, the The | |
24 | amount to support EL students shall be determined by multiplying an EL factor of ten percent | |
25 | (10%) by the core-instruction per-pupil amount defined in § 16-7.2-3(a)(1) and applying that | |
26 | amount of additional state support to EL students identified using widely adopted, independent | |
27 | standards and assessments identified by the Commissioner. All categorical funds distributed | |
28 | pursuant to this subsection must be used to provide high-quality, research-based services to EL | |
29 | students and managed in accordance with requirements set forth by the commissioner of elementary | |
30 | and secondary education. The department of elementary and secondary education shall collect | |
31 | performance reports from districts and approve the use of funds prior to expenditure. The | |
32 | department of elementary and secondary education shall ensure the funds are aligned to activities | |
33 | that are innovative and expansive and not utilized for activities the district is currently funding. The | |
34 | department of elementary and secondary education shall prorate the funds available for distribution | |
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1 | among eligible recipients if the total calculated costs exceed the amount of funding available in any | |
2 | fiscal year. | |
3 | (h)(i) Categorical programs defined in (a) through (f)(g) shall be funded pursuant to the | |
4 | transition plan in § 16-7.2-7. | |
5 | SECTION 2. Section 16-95-4 of the General Laws in Chapter 16-95 entitled "The | |
6 | Recovery High Schools Act [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" | |
7 | is hereby amended to read as follows: | |
8 | 16-95-4. Transfer of aid. | |
9 | (a) Any school district in Rhode Island that may have a student, or students, who are | |
10 | currently or were last enrolled in said district and who are diagnosed with substance-use disorder | |
11 | or dependency, as defined by the Diagnostic and Statistical Manual of Mental Disorders IV-TR, | |
12 | may be referred to a Rhode Island recovery high school by a clinician licensed pursuant to chapter | |
13 | 69 of title 5 for voluntary enrollment in such school. If said student is admitted to said school, the | |
14 | sending school district shall ensure that payment, pursuant to subsection (b) for students who attend | |
15 | the recovery high school, is paid, and further, that upon completion of all other graduation | |
16 | requirements, said student or students shall receive a diploma. | |
17 | (b) A sending school district shall transfer the per-pupil core-instructional amount, | |
18 | pursuant to chapter 7.2 of title 16 ("The Education Equity and Property Tax Relief Act") to a | |
19 | recovery high school for any student attending the recovery high school and meeting the following | |
20 | criteria: (1) The student is currently enrolled in the district or currently resides in the municipality | |
21 | in which the district is located; (2) The student is considered by a clinician, licensed pursuant to | |
22 | chapter 69 of title 5, to be clinically appropriate, using the criteria for substance-use disorders as | |
23 | defined in the Diagnostic and Statistical Manual of Mental Disorders IV-TR; and (3) The student | |
24 | meets all matriculation criteria as outlined by the sending district and the department of elementary | |
25 | and secondary education, with determination of academic eligibility based on existing | |
26 | documentation provided by the district. The district and the recovery high school shall arrange to | |
27 | confer a diploma when a student completes state- and district-mandated graduation requirements. | |
28 | (c) For FY 2017, the The state shall appropriate no less than five hundred thousand dollars | |
29 | ($500,000) for the administration and programmatic costs of each recovery high school. | |
30 | (d) A recovery high school shall submit to the council on elementary and secondary | |
31 | education academic data considered necessary by the board to provide information regarding each | |
32 | student's academic performance, subject to applicable health confidentiality laws and regulations. | |
33 | (e) The council on elementary and secondary education, in consultation with the | |
34 | department of behavioral health, developmental disabilities and hospitals shall promulgate rules | |
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| |
1 | and regulations as necessary to implement and carry out the intent of this chapter. | |
2 | SECTION 3. Section 16-100-3 of the General Laws in Chapter 16-100 entitled "Dual | |
3 | Enrollment Equal Opportunity Act" is hereby amended to read as follows: | |
4 | 16-100-3. Policy implemented. | |
5 | (a) The Board of Education shall prescribe by regulation a statewide dual enrollment policy | |
6 | that shall allow students to enroll in courses at postsecondary institutions to satisfy academic credit | |
7 | requirements in both high school and the aforementioned postsecondary institutions. The | |
8 | regulations shall address the postsecondary institution's graduation requirements, if any; the | |
9 | institution's ability to award degrees/certificates in Rhode Island; the minimum course grade to | |
10 | receive credit at the student's secondary school; and any other criteria that the Board deems | |
11 | appropriate. | |
12 | (b) The board shall convene a workgroup, including, but not limited to, representatives | |
13 | from the department of elementary and secondary education, the office of higher education, | |
14 | superintendents, school committees, public higher education institutions, guidance counselors, and | |
15 | teachers. The purpose of the workgroup is to consider and advise the board as to a dual enrollment | |
16 | policy and its possible effect on school funding pursuant to section 16-7.2, academic supports, | |
17 | transportation, possible shared costs of the education, possible fee schedules, manners in which | |
18 | low-income students could access the program and, possible contracted tuition costs with our public | |
19 | higher education institutions. | |
20 | (c) Notwithstanding any law to the contrary, payments to public institutions of higher | |
21 | education for dual and concurrent enrollment shall be limited to no greater than the appropriation | |
22 | contained in the Appropriations Act. On or before September 30, 2017, the Council on | |
23 | Postsecondary Education shall promulgate rules and regulations enforcing this limitation. | |
24 | SECTION 4. This article shall take effect upon passage. | |
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art.013/2/021/1 | ||
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1 | ARTICLE 13 | |
2 | RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES | |
3 | SECTION 1. Section 5-6-24 of the General Laws in Chapter 5-6 entitled "Electricians" is | |
4 | hereby amended to read as follows: | |
5 | 5-6-24. Apprentices – Registration Fee. | |
6 | (a) This chapter does not forbid the employment of one properly limited registered | |
7 | apprentice electrician working with and under the direct personal supervision of a licensed | |
8 | journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) one | |
9 | properly registered apprentice oil burnerperson working with and under the direct personal | |
10 | supervision of a licensed oil burnerperson; (2) one properly registered apprentice fire alarm installer | |
11 | working with and under the direct personal supervision of a licensed fire alarm installer; or (3) two | |
12 | (2) properly registered apprentice electrical sign installer working with and under the direct | |
13 | personal supervision of a licensed electrical sign installer; (4) one properly registered apprentice | |
14 | maintenance electrician working with and under the direct personal supervision of a valid Class C | |
15 | or Class D license holder; or (5) one properly registered apprentice lightning protection installer | |
16 | working with and under the direct personal supervision of a licensed lightning protection installer | |
17 | (LPI). Apprentices are required to register with the division of professional regulation initially upon | |
18 | payment of a fee of twenty dollars ($20.00) per year. Apprentices are required to register with the | |
19 | division of professional regulation immediately upon employment with a properly licensed | |
20 | electrical contractor or lightning protection contractor. | |
21 | (b) Indentured apprentice electricians are required to work a minimum of eight thousand | |
22 | (8,000) hours over a period of time of not less than four (4) years and successfully complete one | |
23 | hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship | |
24 | program approved by the Rhode Island department of labor and training, to qualify for the | |
25 | journeyperson "B" electrician examination; provided, however, apprentices may receive credit for | |
26 | one hundred forty-four (144) hours of classroom training gained in a vocational school authorized | |
27 | by the board of regents for elementary and secondary education and approved by the Rhode Island | |
28 | department of labor and training apprenticeship council. Provided, that the test applicant has | |
29 | possessed for at least four (4) years prior to the filing of the application a certificate of registration | |
30 | in full force and effect from the department of labor and training of Rhode Island specifying the | |
| ||
1 | person as an indentured apprentice, and the application of an applicant is accompanied by an | |
2 | affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory | |
3 | evidence showing that the applicant has been actually engaged in electrical work as an apprentice | |
4 | in Rhode Island during those four (4) years, or the application is accompanied by an affidavit or | |
5 | other reasonably satisfactory evidence showing that the applicant has successfully completed a | |
6 | course of study in a recognized college or university and has pursued a course of electrical | |
7 | technology for at least two (2) academic years or is the recipient of an associate degree in electrical | |
8 | technology, and has thereafter been indentured by the department of labor and training as an | |
9 | apprentice for at least two (2) years and employed as an indentured apprentice by a duly licensed | |
10 | electrician master in this state for a period of two (2) years, or a showing that the applicant possesses | |
11 | a certificate of license issued under the laws of another state. Limited registered apprentice | |
12 | electricians shall be required to work a minimum of four thousand (4,000) hours over a period of | |
13 | time of not less than two (2) years. | |
14 | (c) Indentured apprentice maintenance electricians are required to work a minimum of six | |
15 | thousand (6,000) hours over a period of time of not less than three (3) years and successfully | |
16 | complete a one hundred forty-four (144) hours of related instruction per year in an indentured | |
17 | apprenticeship program approved by the Rhode Island department of labor and training, to qualify | |
18 | for the journeyperson "M" electrician examination. Provided, however, that the test applicant has | |
19 | possessed for at least three (3) years prior to the filing of the application a certificate of registration | |
20 | in full force and effect from the department of labor and training of Rhode Island specifying the | |
21 | person as an indentured apprentice, and the application of an applicant is accompanied by an | |
22 | affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory | |
23 | evidence showing that the applicant has been actually engaged in electrical work as an apprentice | |
24 | in Rhode Island during those three (3) years. Class M journeyperson electricians may qualify to | |
25 | take the journeyperson "B" electrician examination upon registering as a fourth year apprentice and | |
26 | becoming employed by a properly licensed Class A electrical contractor for that period of time. | |
27 | (d) Apprentice lightning protection installers are required to work a minimum of four | |
28 | thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the | |
29 | lightning protection installer (LPI) examination. Provided, that the test applicant has possessed for | |
30 | at least two (2) years prior to the filing of the application a certificate of registration in full force | |
31 | and effect from the department of labor and training of Rhode Island specifying the person as an | |
32 | apprentice lightning protection installer, and the application of an applicant is accompanied by an | |
33 | affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory | |
34 | evidence showing that the applicant has been actually engaged in lightning protection work as an | |
|
| |
1 | apprentice during those two (2) years. | |
2 | SECTION 2. Section 5-20-25 of the General Laws in Chapter 5-20 entitled "Plumbers, | |
3 | Irrigators and Water System Installers" is hereby amended to read as follows: | |
4 | 5-20-25. Registration of Apprentices. | |
5 | (a) Any person who has agreed to work a minimum of eight thousand (8,000) hours over a | |
6 | period of time of not less than five (5) years under the direct supervision and instruction of a master | |
7 | plumber or journeyperson plumber as an apprentice to learn the plumbing business, and that | |
8 | agreement is approved by the division of professional regulation, shall be registered for an initial | |
9 | period of one year, with renewal on the applicant's birthday, by the director of the department of | |
10 | labor and training and have issued to him or her upon the payment of a fee of twenty dollars | |
11 | ($20.00) a certificate showing that person to be a registered apprentice. Every person who continues | |
12 | to work as an apprentice after the initial one year registration is required to register again as an | |
13 | apprentice and pay the fee. | |
14 | (b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a | |
15 | period of time of not less than one year under the direct supervision and instruction of a master | |
16 | irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that | |
17 | agreement is approved by the division of professional regulation, shall be registered for an initial | |
18 | period of one year, with renewal on the applicant's birthday, by the director of the department of | |
19 | labor and training and have issued to him or her upon the payment of a fee of twenty dollars | |
20 | ($20.00) a certificate showing that person to be a registered apprentice. Every person who continues | |
21 | to work as an apprentice after the initial one year registration is required to register again as an | |
22 | apprentice and pay the fee. | |
23 | (c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a | |
24 | period of time of not less than one year, under the direct supervision and instruction of a master | |
25 | water-filtration/treatment-system installer or a journeyperson water-filtration/treatment-system | |
26 | installer, as an apprentice to learn the water-filtration/treatment business, and that agreement is | |
27 | approved by the division of professional regulation, shall be registered for an initial period of one | |
28 | year, with renewal on the applicant's birthday, by the director of the department of labor and | |
29 | training and have issued to them, upon the payment of a fee of twenty dollars ($20.00), a certificate | |
30 | showing that person to be a registered apprentice. Every person who continues to work as an | |
31 | apprentice after the initial one-year registration is required to register again as an apprentice and | |
32 | pay the fee. | |
33 | SECTION 3. Section 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical | |
34 | Trades" is hereby amended to read as follows: | |
|
| |
1 | 28-27-18. Registration of Apprentices. | |
2 | (a) Any person who has agreed to work under the supervision of a licensed pipefitter, | |
3 | refrigeration/air conditioning, sprinkler fitter or sheet metal master under a state sanctioned | |
4 | apprenticeship program shall be registered by the director of labor and training upon the payment | |
5 | of a twenty-four dollar ($24.00) annual fee and be issued a certificate of apprenticeship. A renewal | |
6 | certificate shall also be issued for twenty-four dollars ($24.00) for each succeeding twelve (12) | |
7 | month period. | |
8 | (b) The minimum formal training period for a P.J.F. limited class II license shall be one | |
9 | hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the | |
10 | department of labor and training. The fee schedules for the P.J.F. limited license are detailed in § | |
11 | 28-27-5.2. All other sections of this chapter shall remain in full force and effect. | |
12 | SECTION 4. Sections 28-45-9.1 and 28-45-13.1 of the General Laws in Chapter 28-45 | |
13 | entitled "Apprenticeship Programs in Trade and Industry" are hereby repealed. | |
14 | 28-45-9.1. Apprenticeship programs – Fees. | |
15 | – A fee of one hundred twenty dollars ($120) shall be paid by each program sponsor, | |
16 | except those sponsors who are in registered school-to-career apprenticeship programs only, and/or | |
17 | those sponsors who are licensed masters/contractors with the department of labor and training, | |
18 | division of professional regulation, requesting authorization as an approved sponsor from the state | |
19 | apprenticeship council. All state approved sponsors' certificates issued by the division of | |
20 | professional regulation, except those sponsors who are registered in school-to-career | |
21 | apprenticeship programs only, and/or those sponsors who are licensed masters/contractors with the | |
22 | department of labor and training, division of professional regulation, shall become due for annual | |
23 | renewal upon payment of a renewal fee of one hundred twenty dollars ($120). Those fees shall be | |
24 | deposited as general revenues. | |
25 | 28-45-13.1. Apprenticeship registration – Fees. – | |
26 | A fee of twenty-four dollars ($24.00) shall be paid by each indentured apprentice, except | |
27 | those apprentices who are registered in school-to-career apprenticeship programs only, not | |
28 | registered as an apprentice with the division of professional regulation of the department of labor | |
29 | and training, except those apprentices who are registered in school-to-career apprenticeship | |
30 | programs only, requesting approval and registration with the department of labor and training. All | |
31 | state approved apprentice certificates that are not registered and renewable through the division of | |
32 | professional regulation of the department of labor and training shall become due for renewal | |
33 | annually for a renewal fee of twenty-four dollars ($24.00). All apprenticeship certificates issued by | |
34 | the division of professional regulation of the department of labor and training shall expire on the | |
|
| |
1 | indentured date of the individual qualifying for the certificate. | |
2 | SECTION 5. Section 5-6-32 of the General Laws entitled "Electricians" is hereby amended | |
3 | to read as follows: | |
4 | 5-6-32. Authority of director to assess penalty. | |
5 | (a) The director may assess an administrative penalty on any person, firm, or corporation | |
6 | for any violation of the provisions of this chapter, after notice and a hearing, before and upon the | |
7 | recommendation of the board of examiners of electricians in the amount of five hundred dollars | |
8 | ($500) one thousand five hundred dollars ($1,500) for the first violation and nine hundred fifty | |
9 | dollars ($950) two thousand dollars ($2,000) for a subsequent violation. All funds collected by the | |
10 | labor and training department under this section shall be placed in the restricted receipts account | |
11 | created pursuant to § 28-22-1.1. This section is in addition to any other action provided by law for | |
12 | violations of this chapter. | |
13 | (b) The chief of the section shall act as an investigator with respect to the enforcement of | |
14 | all the provisions of law relative to the licensing of electricians and, to this effect, whenever a | |
15 | complaint is made by the chief of the section to the director of the department of labor and training | |
16 | or his or her designee that the provisions of this chapter are being violated, the director of the | |
17 | department of labor and training or his or her designee may issue an order to cease and desist from | |
18 | that violation and may impose the above penalties against the violator and against the contractor. | |
19 | SECTION 6. Chapter 28-14 of the General Laws entitled "Payment of Wages" is hereby | |
20 | amended by adding thereto the following section: | |
21 | 28-14-17.1. Administrative Assessment. | |
22 | (a) Any employer found to have violated the provisions of this chapter upon final | |
23 | determination by the department of labor and training, including claims settled | |
24 | via settlement agreement and administrative hearing shall be assessed an administrative | |
25 | penalty equal to fifteen percent (15%) to twenty five percent (25%) of the amount of back wages | |
26 | ordered to be paid for a first violation within a three (3) year period. For subsequent violations | |
27 | within a three (3) year period the assessment shall equal twenty five percent (25%) to fifty percent | |
28 | (50%) of the amount of back wages ordered to be paid. | |
29 | (b) In determining the amount of any penalty imposed under this section, the director or | |
30 | his or her designee shall consider the good faith of the employer, the gravity of the violation, the | |
31 | history of previous violations and whether or not the violation was an innocent mistake or willful | |
32 | violation. | |
33 | SECTION 7. Section 28-14-19.1 of the General Laws entitled "Payment of Wages" is | |
34 | hereby amended to ready as follows: | |
|
| |
1 | 28-14-19.1. Misclassification of employees. | |
2 | (a) The misclassification of a worker whether performing work as a natural person, | |
3 | business, corporation or entity of any kind, as an independent contractor when the worker should | |
4 | be considered and paid as an employee shall be considered a violation of this chapter. | |
5 | (b) In addition to any other relief in which any department or an aggrieved party may be | |
6 | entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less | |
7 | than five hundred dollars ($500) one thousand five hundred dollars ($1,500) and not greater than | |
8 | three thousand ($3,000) dollars for each misclassified employee for a first offense and up to five | |
9 | thousand dollars ($5,000) for each misclassified employee for any subsequent offense, which shall | |
10 | be shared equally between the department and the aggrieved party. | |
11 | (c) In determining the amount of any penalty imposed under this section, the director or his | |
12 | or her designee shall consider the size of the employer's business, the good faith of the employer, | |
13 | the gravity of the violation, the history of previous violations, and whether or not the violation was | |
14 | an innocent mistake or willful. | |
15 | (d) A violation of this section may be adjudicated under § 28-14-19 and consolidated with | |
16 | any labor standards violation or under §§ 37-13-14.1 and 15 and consolidated with any prevailing | |
17 | wage violation. | |
18 | (e) A violation of this section may be brought or adjudicated by any division of the | |
19 | department of labor and training. | |
20 | (f) The department shall notify the contractor's registration board and the tax administrator | |
21 | of any violation of this section. | |
22 | SECTION 8. Sections 28-42-38.1, 28-42-64, 28-42-65 and 28-42-66 of the General Laws | |
23 | in Chapter 28-42 entitled "Employment Security – General Provisions" are hereby amended to read | |
24 | as follows: | |
25 | 28-42-38.1. Quarterly wage reports. | |
26 | (a)(1) The department of labor and training is designated and constituted the agency within | |
27 | this state charged with the responsibility of collecting quarterly wage information, as required by | |
28 | 42 U.S.C. § 1302b-7. Each employer shall be required to submit a detailed wage report to the | |
29 | director, for all calendar quarters within thirty (30) days after the end of each quarter in a form and | |
30 | manner prescribed by the director, listing each employee's name, social security account number, | |
31 | the total amount of wages paid to each employee, and any other information that the director deems | |
32 | necessary. All reports shall be in addition to those now required by the department. | |
33 | (2) The department will utilize the quarterly wage information that it collects from | |
34 | employers to establish an individual's eligibility for unemployment insurance benefits and to | |
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| |
1 | determine the amount and duration of benefits for all new claims filed. | |
2 | (3) Notwithstanding any provisions of chapters 42 – 44 of this title to the contrary, the | |
3 | department may utilize employee quarterly wage information submitted by employers to measure | |
4 | the progress of the state in meeting the performance measures developed in response to United | |
5 | States Public Law 105-220, the Workforce Investment Act of 1998 (see 29 U.S.C. § 2801 et seq.), | |
6 | further provided however, that the department may verify certain employee quarterly wage | |
7 | information for the local workforce investment board and provide it with the verified data under | |
8 | procedures established by rules and regulations promulgated by the director. The director shall also | |
9 | make the quarterly wage information available, upon request, to the agencies of other states in the | |
10 | performance of their public duties under the Workforce Investment Act of 1998 in that state. This | |
11 | information shall be made available only to the extent required by the Secretary of Labor and | |
12 | necessary for the valid administrative needs of the authorized agencies, and all agencies requesting | |
13 | this data shall protect it from unauthorized disclosure. The department shall be reimbursed by the | |
14 | agencies requesting the information for the costs incurred in providing the information. | |
15 | (4) Notwithstanding any provisions of chapters 42 – 44 of this title to the contrary, the | |
16 | department may provide quarterly wage information to the United States Census Bureau for the | |
17 | purpose of participating in a joint local employment dynamics program with the United States | |
18 | Census Bureau and the Bureau of Labor Statistics. | |
19 | (5) Notwithstanding any provisions of chapter 42-44 of this title to the contrary, the | |
20 | department may provide employee quarterly wage information to the department's designated | |
21 | research partners for the purpose of its workforce data quality and workforce innovation fund | |
22 | initiatives. The provision of these records will be done in accordance with an approved data-sharing | |
23 | agreement between the department and its designated research partners that protects the security | |
24 | and confidentiality of these records and through procedures established by protocols, rules and/or | |
25 | regulations as determined necessary by the director and appropriately established or promulgated. | |
26 | (b) Notwithstanding any inconsistent provisions of chapters 42 – 44 of this title, an | |
27 | employer who fails to file a detailed wage report in the manner and at the times required by | |
28 | subsection (a) of this section for any calendar quarter shall pay a penalty of twenty-five dollars | |
29 | ($25.00) for each failure or refusal to file. An additional penalty of twenty-five dollars ($25.00) | |
30 | shall be assessed for each month the report is delinquent; provided, that this penalty shall not exceed | |
31 | one hundred and fifty dollars ($150) two hundred dollars ($200.00) for any one report. This penalty | |
32 | shall be paid into the employment security tardy account fund and if any employer fails to pay the | |
33 | penalty, when assessed, it shall be collected by civil action as provided in § 28-43-18. | |
34 | 28-42-64. Failure to make contributions or reports. | |
|
| |
1 | Any individual, or employing unit or its agent, who knowingly fails or refuses to make any | |
2 | contribution or other payment required of an employing unit under chapters 42 – 44 of this title, or | |
3 | who knowingly fails or refuses to make any contribution or report at the time and in the manner | |
4 | required by the regulations adopted as prescribed in these chapters, shall upon conviction be | |
5 | punished by a fine of not less than ten dollars ($10.00) twenty-five dollars ($25.00) nor more than | |
6 | one hundred dollars ($100) two hundred dollars ($200.00), or by imprisonment not longer than | |
7 | sixty (60) days, or by both the fine and imprisonment, and each day of that failure or refusal shall | |
8 | constitute a separate and distinct offense. If the employer in question is a corporation, every officer | |
9 | of the corporation who knowingly participates in any violation specified in this section shall be | |
10 | subject to these penalties. | |
11 | 28-42-65. Pecuniary penalty for failure to file reports or pay contributions. | |
12 | An employer who fails to file any reports required under chapters 42 – 44 of this title, or | |
13 | who fails or refuses to pay any contributions required under those chapters in the manner and at the | |
14 | times as required by the law and regulations or as the director may, in accordance with these | |
15 | chapters, prescribe, shall pay a penalty of ten dollars ($10.00) twenty-five dollars ($25.00) for each | |
16 | failure or refusal to file, and where any contribution is due, shall pay an additional penalty of ten | |
17 | percent (10%) of the amount due. The foregoing penalties shall be paid into the employment | |
18 | security tardy account fund, and shall be in addition to contributions and interest required to be | |
19 | paid as provided in chapters 42 – 44 of this title. If any employer fails to pay a penalty, when | |
20 | assessed, it shall be collected by civil action as provided in § 28-43-18. | |
21 | 28-42-66. Penalty for violations generally. | |
22 | Any violation of any provision of chapters 42 – 44 of this title or of any order, rule, or | |
23 | regulation of the board of review after consultation with the director, for which a penalty is neither | |
24 | prescribed above nor provided by any other applicable statute, shall be punished by a fine of not | |
25 | less than twenty dollars ($20.00) twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) | |
26 | two hundred dollars ($200.00), or by imprisonment not longer than thirty (30) days, or by both the | |
27 | fine and imprisonment. | |
28 | SECTION 9. This article shall take effect as of July 1, 2017. | |
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art.014/2/003/3/003/2/020/1 | ||
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1 | ARTICLE 14 | |
2 | RELATING TO MINIMUM WAGES | |
3 | SECTION 1. Section 28-12-3 of the General Laws in Chapter 28-12 entitled “Minimum | |
4 | Wages” is hereby amended to read as follows: | |
5 | 28-12-3. Minimum wages. | |
6 | (a) Every employer shall pay to each of his or her employees: commencing July 1, 1999, | |
7 | at least the minimum wage of five dollars and sixty-five cents ($5.65) per hour. Commencing | |
8 | September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour. | |
9 | (b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five cents | |
10 | ($6.75) per hour. | |
11 | (c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10) | |
12 | per hour. | |
13 | (d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents | |
14 | ($7.40) per hour. | |
15 | (e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five | |
16 | cents ($7.75) per hour. | |
17 | (f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour. | |
18 | (g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour. | |
19 | (h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents ($9.60) | |
20 | per hour. | |
21 | (i) Commencing January 1, 2018, the minimum wage is ten dollars and ten cents ($10.10) | |
22 | per hour. | |
23 | (j) Commencing January 1, 2019, the minimum wage is ten dollars and fifty cents ($10.50) | |
24 | per hour. | |
25 | SECTION 2. This article shall take effect upon passage. | |
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art.015/2/024/1 | ||
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1 | ARTICLE 15 | |
2 | RELATING TO EFFECTIVE DATE | |
3 | SECTION 1. This act shall take effect as of July 1, 2017, except as otherwise provided | |
4 | herein. | |
5 | SECTION 2. This article shall take effect upon passage. | |
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